Environmental Resource Permits

Helpful Information

District staff works diligently to ensure that protection of our natural resources is achieved while providing the public with fair, consistent, and timely customer service.

Our Environmental Resource team does this by:

  • Providing technical support to our customers in a manner that is courteous, professional and respectful
  • Encouraging pre-application meetings
  • Assist in determining the type of permit needed and permit fees required
  • Ensuring permit quality and customer satisfaction
  • Identifying and eliminating unnecessary and/or duplicative permitting requirements

Please call us at our District Headquarters (850-539-5999) or DeFuniak Springs Service Office (850-951-4660) to set up a pre-application meeting. You can also find a list of contacts for each office under the Permitting Process tab.

Overview

Florida law requires Environmental Resource Permits (ERPs) to prevent stormwater pollution to Florida’s rivers, lakes and streams, and to help provide flood protection.

ERPs regulate the management and storage of surface waters and provide protection for the vital functions of wetlands and other surface waters. In Northwest Florida, the ERP program is jointly implemented by the District and the Florida Department of Environmental Protection (DEP).

Overview of ePermit

District staff provided public training regarding utilization of the new NWFWMD ePermit Portal. Please click on the links below to review the ePermit Reference Guide and PowerPoint presentation that covers the main points of ePermit. There is also an FAQ section at the end of the presentation. Feel free to contact the District if you have questions about ePermit.

ePermit Quick Reference Guide

PowerPoint Presentation on ePermit (.pdf file)

Who needs a permit?

Florida law requires environmental resource permits for many types of work within wetlands and surface waters, such as dredging or filling; construction of dams, impoundments, docks or other structures; the construction of stormwater management systems that discharge to those waters; and other kinds of land disturbance. The ERP program regulates stormwater runoff in most new development to protect water quality, prevent flooding and to avoid adverse impacts to off-site property.

ERPs also regulate dredge and fill activities in tidal and freshwater wetlands, including contiguous and isolated wetlands.  The ERP program operates independently of the federal dredge and fill permitting program, which is regulated by the US Army Corps of Engineers, although a joint application process has been developed between the state and Corps.

The ERP program also issues what are commonly known as “ten-two” general permits.  In 2012, the Florida Legislature adopted a general permit that allows for the construction, alteration and maintenance of certain smaller projects without agency review or action.  Under this law, Section 403.814 (12), F.S projects involving less than two acres impervious surface and less than 10 acres of total project area that are located within state lands or water with no wetland impacts, may proceed subject to the conditions of the general permit.

Rule changes for statewide stormwater requirements

In 2020, the Florida Legislature passed Senate Bill 712, also known as the Clean Waterways Act, now Chapter 2020-150, Laws of Florida. This legislation carries a wide range of water-quality protection provisions aimed at minimizing the impact of known sources of nutrient pollution and strengthening regulatory requirements. Stormwater-related pollution represents one of the largest potential contributors of nutrients throughout the state.

The Florida Department of Environmental Protection (FDEP) and water management districts (WMDs) initiated rulemaking as directed by section 5 of Chapter 2020-150, Laws of Florida, to update the stormwater design and operation regulations for environmental resource permitting.

The Statewide Stormwater Rule, initiated through the 2020 Clean Waterways Act, sets a framework for stormwater management and increased nutrient removal throughout the state of Florida. The rule implements stormwater treatment performance criteria to increase treatment and removal of nutrients, establishes better performing Best Management Practices (BMPs) that more accurately reflect the latest scientific information and strengthens requirements for operation, inspection, maintenance, and reporting of stormwater management systems.

The final draft rule was published on February 24, 2023. Then on March 24, 2023, FDEP published a Notice of Change to the Proposed Stormwater Rule. As part of the rulemaking process, rule changes must be available for 21 days prior to proposed adoption. On the 21st day (April 14, 2023) with no legal challenges filed, FDEP initiated the process to introduce a bill for ratification. Ratification is required by the legislature due to the rule’s fiscal impact. A bill for the ratification was not introduced until the following year, in 2024.

The 2024 statewide stormwater rule ratification bill (Senate Bill 7040) was signed into law by Governor DeSantis on June 28, 2024, and is now codified as Chapter 2024-275, Laws of Florida. The rules are ratified as of the date the bill was signed and are now effective.

What provisions are effective now?
Several of the revisions to Chapter 62-330, Florida Administrative Code (F.A.C.), and the associated Applicant’s Handbook Volume I are effective now. Generally, for most stormwater-related projects, these revisions will require submittal of additional application information related to operation and maintenance requirements and inspection requirements.
What provisions are not yet in effect?
Two key items have delayed effective dates to provide a transition period before full implementation.
  • Permits issued after June 28, 2024, will require permittees to utilize a qualified inspector for all required inspections conducted after June 28, 2025.
  • Applications that are deemed complete after Dec. 28, 2025, will be required to meet the revised stormwater quality nutrient permitting requirements.
Additional information including key rule revisions, applicable effective dates and links to the full text of Chapter 62-330, F.A.C., and Applicant’s Handbook Volume I can be found on DEP’s ERP Stormwater Resource Center webpage or under the Applications & Forms subsection of this website.

State 404 Program

In 2018, the legislature passed a bill that gave FDEP authority to begin the public rulemaking process to better protect the state’s wetlands and surface waters by assuming the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters. The rulemaking process was completed on July 21, 2020. Through this process, Chapter 62-331, Florida Administrative Code, “State 404 Program,” was created to bring in the requirements of federal law not already addressed by the existing ERP program. Minor changes were also made to the ERP rules in Chapter 62-330, F.A.C., to facilitate assumption. Florida submitted its assumption package to the Environmental Protection Agency (EPA) on Aug. 20, 2020.

However, a federal court order was issued just before midnight on Feb. 15, 2024, suspending FDEP of its authority indefinitely to issue State 404 Program permits in Florida. Consequently, all activity under the State 404 Program is paused until further order of the court. On Monday May 20, 2024, a three-judge panel for the D.C. Circuit Court of Appeals denied Florida’s request to reinstate its Clean Water Act Section 404 assumed permitting program. As a result, the United States Army Corps of Engineers (ACOE) will continue from here forward to process all 404 permit applications in Florida. This will be the status quo until the D.C. Circuit Court opines on the lower court’s decision to vacate Florida’s permitting program. FDEP stated it will continue to defend and work toward a beneficial solution for the State during the final court proceedings and upcoming process. 

Please visit the State 404 Program section of the DEP’s website for more information by clicking here – https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/state-404-program, or by visiting the Jacksonville District of the U.S. ACOE website by clicking here – https://www.saj.usace.army.mil/Missions/Regulatory/