Implementing section 404 of the Clean Water Act: How Florida is getting it done
John J. Truitt Share:
1,354 days. That’s how long it took Florida to assume section 404 of the Clean Water Act (section 404) covering the discharge of dredged or fill material into waters of the United States (WOTUS). Florida is only the third state, and the first since 1993, to assume section 404. In Florida, our wetlands are integral to our unique ecosystems, and their importance has been recognized at the state level for some time. For decades, wetland experts at the Florida Department of Environmental Protection (DEP) and the Water Management Districts (WMD) implemented the state’s wetland permitting scheme, environmental resource permits (ERP), under Chapter 373, Florida Statutes. Using that expertise, in 2017, Florida elected to explore assuming federal wetland permitting under section 404 and achieved that goal on December 18, 2020.
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