Environmental Resource Permits

Helpful Information

District staff works diligently to ensure 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 DeFuniak Springs Service Office (850-951-4660) to set up a pre-application meeting.

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).

Who needs a permit?

Part IV of Chapter 373, Florida Statutes, 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 U.S. Army Corps of Engineers.

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 carried 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, set a framework for stormwater management and increased nutrient removal throughout the state of Florida. The rule implemented stormwater treatment performance criteria to increase treatment and removal of nutrients, established better performing Best Management Practices (BMPs) that more accurately reflect the latest scientific information, and strengthened requirements for operation, inspection, maintenance, and reporting of stormwater management systems.

The 2024 statewide stormwater rule ratification bill (Senate Bill 7040) was signed into law on June 28, 2024, and was codified as Chapter 2024-275, Laws of Florida. The rules were ratified as of the date the bill was signed and are now effective.
These revisions require a submittal of additional application information related to operation and maintenance requirements and inspection requirements. Permits issued after June 28, 2024, require permittees to utilize a qualified inspector for all required inspections conducted after June 28, 2025. Applications deemed complete after Dec. 28, 2025, are required to meet the revised stormwater quality nutrient permitting requirements.
Additional information can be found on DEP’s ERP Stormwater Resource Center webpage.

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 (USACE) will continue from here forward to process all 404 permit applications in Florida. 

Please visit the USACE Regulatory Request System for more information. Information is also available on the State 404 Program section of the DEP’s website for more information here – https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/state-404-program.