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Florida Dept of Environmental Protection Takes Over Federal Wetlands Permit Process in State | Holland & Knight LLP

Highlights The U.S. Environmental Protection Agency (EPA) has signed an agreement to delegate to the Florida Department of Environmental Protection (FDEP) the authority to issue wetland permits in the state under Section 404 of the federal Clean Water Act (CWA), effective on Dec. 22, 2020. Florida joins only two other states, New Jersey and Michigan, that have assumed such authority. The new FDEP regulations include enforceable deadlines, shorter review periods and shorter comment periods, the combination of which is expected to eventually reduce time and cost for the processing of permits. However, it is important to note that all Clean Water Act requirements (avoidance, minimization, mitigation, etc.) will remain and projects will still have to be approved by other federal agencies.

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