Policy Update

The Key Provisions of Florida SB 848

Jun23

The Key Provisions of Florida SB 848 CS/CS/SB 848 makes several targeted changes to Florida’s Environmental Resource Permit framework. Here is what the bill actually requires.   Credit Responsibility Transfers to the Generator When an ERP applicant purchases a Water Quality Enhancement Area credit, legal responsibility for meeting applicable water quality treatment requirements transfers from the buyer to the WQEA credit generator. This mirrors the structure of wetland mitigation banking, where credit purchase shifts long-term compliance obligations away from the developer.   Compensating

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Florida Legislature Advances SB 492/HB 1175: Proposed Updates to Mitigation Banking Regulations

Apr12

Florida Legislature Advances SB 492/HB 1175: Proposed Updates to Mitigation Banking Regulations UPDATE: As of May 2, 2025: The SB 492 and HB 1175 have passed the legislature and will be headed to the Governor soon. If signed by the Governor, the bill would become effective July 1, 2025. UPDATE: As of April 11, 2025, SB 492 and HB 1175 have passed key committees and continue to move through the legislative process in the Florida Legislature. These proposed bills would introduce

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The Federal Government has granted Florida’s request for wider authority over wetlands under the Clean Water Act.

Jan05

The Federal Government has granted Florida’s request for wider authority over wetlands under the Clean Water Act. Florida becomes one of a handful of states with broader permitting authority of wetlands under the federal Clean Water Act. Michigan and New Jersey had been granted similar authority decades ago. Florida’s request to gain sole permitting authority was launched under the administration of Gov. Rick Scott, now a U.S. senator, who said the EPA’s action does away with “duplicative rules on the state and federal levels”

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STATE 404 ASSUMPTION, October 2020 Update

Oct28

A pending decision would authorize the Florida Department of Environmental Protection (FDEP) to assume administration of the federal Clean Water Act, section 404 dredge and fill permitting program from the US Army Corps of Engineers (USACE). If approved, FDEP would issue federal 404 permits instead of USACE, thus FDEP will be the lead agency in Florida for administering the State 404 Permit Program. The strategies and priorities for permit review, compliance monitoring and enforcement of permits, and against persons conducting unauthorized discharges

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Notice of the State of Florida’s Request to Assume Administration of a Clean Water Act Section 404 Program

Sep09

The U.S. Environmental Protection Agency provided notice on August 20, 2020, that they received a complete package from the State of Florida requesting to assume administration of a Clean Water Act (CWA) Section 404 program. The CWA established the Section 404 program, under which the U.S. Army Corps of Engineers (Corps) may issue permits for the discharge of dredged or fill material into “waters of the United States” as identified in the CWA. Section 404(g)(1) of the CWA provides states

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New Final USACE Prospectus Template

Jul10

Introducing the United States Army Corps of Engineers (ACOE) New Final Prospectus Template.   Use this guide to submit the Prospectus, the Initial Step to Obtain a Mitigation Banking Instrument (MBI) for the ACOE. This document will initiate the planning and review process by the appropriate agencies. Prior to submitting a prospectus, bank sponsors are encouraged to discuss their proposal with the appropriate agencies (e.g., pre-application coordination).   View the USACE Prospectus

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Pending WOTUS (Waters of the United States) Determination

Jun11

The pending WOTUS (Waters of the United States) determination for regulation to our natural resources is currently in flux and we are patiently awaiting how the regulations will effect our environment.  Historically, before wetland regulation and oversight, negative changes to our environment occurred; such as flooding, water quality degradation, river contamination and loss of wildlife. It’s important to have wetlands regulated by the U.S. Army Corps of Engineers (ACOE) so that projects with proposed wetland impacts obtain federal approval before filling

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404 State Assumption Workshops Announcement

May15

If you are interested in learning more about the proposed Section 404 of the Clean Water Act State Assumption, please attend one of these upcoming workshops: DATE AND TIME: May 30, 2018, beginning at 8:30 am. PLACE: Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399 A live webinar is also available for the Tallahassee Workshop; webinar participants may register at https://attendee.gotowebinar.com/register/8324935087855682563. DATE AND TIME: May 31, 2018, 8:30 a.m. PLACE: Department of Environmental Protection, Central District Office, 3319 Maguire Boulevard, Orlando,

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