Clearing the Confusion: Common Misconceptions About Building on a Wetland
As the CEO of The Mitigation Banking Group, Inc., I frequently speak with landowners, developers, and consultants who have questions about building on a wetland. With over 25 Mitigation Banks and Conservation Banks across the state of Florida, we work closely with regulatory agencies and clients to ensure projects are both environmentally responsible and fully compliant.
Let’s clear up a few common misconceptions about building on a wetland and provide the facts you need before moving forward with your project.
What Is a Wetland?
A wetland is defined as an area that is regularly saturated or inundated with surface or groundwater, supporting vegetation adapted for life in saturated soil conditions. These ecosystems provide critical services like water filtration, flood control, and wildlife habitat.
Misconceptions About Building on a Wetland:
“If it’s a legal parcel, I can build on it—even if it’s all wetland.”
While development is possible on legal parcels that are wetlands, you must still undergo the proper environmental permitting process.
“I don’t need a permit for a small wetland.”
Even wetlands less than ½ acre in size, especially those that are isolated from other systems, often still require permitting through the Florida Department of Environmental Protection (FDEP) or your local Water Management District (WMD).
“I can avoid mitigation if I impact just a small portion.”
If you must impact wetlands, you are typically required to offset those impacts through wetland mitigation credits unless the impact qualifies under specific exemptions.
“Conservation easements are optional.”
Remaining wetland areas may be required to be protected through a conservation easement, often dedicated to FDEP or a WMD, to ensure long-term preservation.
“I’ll permit my building first, then address wetlands.”
You must obtain your FDEP or WMD permit before your county will issue a building permit. The environmental permit comes first.
Important Permitting Tips:
- Plan ahead: When applying for a permit, include all potential structures—even future sheds, garages, or walkways. It’s easier to account for them upfront than to seek additional permits later.
- Minimize impacts: Design your project to avoid wetlands whenever possible, and minimize impacts if they are unavoidable. Try to preserve the integrity and hydrology of the wetland system.
- Pay attention to buffers: Typical wetland setbacks range from 15 to 50 feet, depending on your county. (Note: Orange County now requires 100-foot buffers from wetlands.)
- Docks and structures near water: Docks and other waterfront structures require permits from FDEP, WMDs, and your local county. Setbacks are measured from the Ordinary High Water Elevation (OHWL).
Navigating the Wetland Permitting Process
Whether you’re planning a home, a commercial site, or simply evaluating your land’s potential, understanding the wetland permitting process is crucial. Building on a wetland requires thoughtful design, regulatory approval, and in many cases, mitigation credit purchases.
Questions about your site? Reach out to me directly at victoria@mitigationbankinginc.com, or chat with a live agent now in the bottom right corner of your screen for quick assistance.
We’re here to help you balance development goals with environmental stewardship, every step of the way!
