Frequently Asked Questions

What do I need to include to be sure individual permit application is complete?

To be complete, an application must include:

  • All of the information and signatures requested in Section A of the Application for Stormwater Permit in Northwest Florida
  • All the supplemental information, applicable to the particular activity, listed in Section C of that same form, and
  • The required fee

The District highly recommends using Section C of the application form as a check-list.  Applicants are also encouraged to list the location of the requested information as it appears in the submission package next to each item on that page and then submit it along with the rest of the application.  Not only does this help to ensure that something is not mistakenly left out, but it also helps District staff review the application more quickly by serving as an index for the critical information required.

Can I be notified about permit applications through email?

Yes. Through the ePermit portal, you can create a user account. After you create an account and log in, use the E-notification module to sign up for electronic notices.  You may also contact the District in writing to request notification for any permits currently in house and even define your area of interest.

Can I apply for my permit on the web?

Yes, you may submit applications online through the ePermit portal. You may also submit your application and other requests to the District at your local office, by mail, or fax.

Will wetland resource permits issued under previous Florida rules (Chapter 62-312 F.A.C. and Chapter 62-346 F.A.C.), which were received before implementation of statewide ERP, still be valid?

Yes, wetland permits received under the previous rules will be valid until their expiration. If previously permitted activity is not completed before the permit expires, a new Environmental Resource Permit may be required under the new ERP rule.

What is a wetland?

According to Florida rules, a wetland means areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangroves swamps, and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.

What is mitigation?

Mitigation is required to offset adverse impacts to the functional value of wetlands and other surface. Mitigation types usually consist of restoration, enhancement, creation, or preservation of wetlands, other surface waters, or uplands. Mitigation can also be provided through participation in a mitigation bank.  Applicants are encouraged to consult with District staff in pre-application meetings or during the application process to help identify appropriate mitigation options.

There is no water on my property, can there still be wetlands?

Yes. Depending upon the location of your property, groundwater table levels, and the frequency and duration that the groundwater table stays at or near the surface, you may still have wetlands on you site. The presence of water is only one component of a wetland. Other indicators include soils that are hydric or alluvial, or possess characteristics that are associated with reducing soil conditions; and vegetation typically adapted for life in saturated soils.

What is the New Statewide Stormwater Rule?

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 and apply to my project?

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 which can be found under the Subsection 12.3.5(a), Subsection 12.4.1, and Section 12.5 of ERP Applicant’s Handbook Volume I, Effective Date June 28, 2024.

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 listed under Section 8.3 of ERP Applicant’s Handbook Volume I, Effective Date June 28, 2024.

What if my project has an existing or proposed dam?

In addition to the new requirements for operation and maintenance of the stormwater management system, if the system includes a dam as defined in Paragraph 2.0(a)27 of ERP Applicant’s Handbook Volume I (Effective Date June 28, 2024) and meets the dam thresholds specified in Subsection 2.8 of ERP Applicant’s Handbook Volume II (Effective Date June 28, 2024), the applicant is to review Subsection 8.4.5 of ERP Applicant’s Handbook Volume I (Effective Date June 28, 2024) and provide all additional information as detailed under Appendix L of the same Volume (Effective Date June 28, 2024). This information also includes the submittal of Form 62-330.301(25), “Dam System Information”.

For dams that have been given a downstream hazard potential of Significant or High Hazard, the applicant must provide an emergency action plan (EAP). An EAP Template is available on the Florida Department of Environmental Protection’s website by following this link – https://floridadep.gov/water/engineering-hydrology-geology/documents/emergency-action-plan-florida-dams.

For existing dams that have been given a downstream hazard potential of Significant or High Hazard, the applicant must provide a completed Form 62-330.311(4), “Condition Assessment Report for Florida Dams.”

 

What do I do if a sinkhole forms during construction, especially within my permitted pond? 

The Florida Geological Survey Division at the Florida Department of Environmental Protection has a number of resources available, including a section for Frequently Asked Questions and a toll-free Sinkhole Helpline that can be called in the event of a sinkhole forming on your property or within your stormwater pond. In the event of a failure, the permittee is to reach out to the District at 850-951-4660 prior to taking corrective action to remedy the situation. The Florida Geological Survey Division advises the use of broken limestone rip-rap or a concrete plug to be installed in the bottom of the sinkhole, which has been known to help create a stable foundation for the fill. Above that, they encourage the use of clayey sand to be placed above that layer in order to form a barrier that will help prevent water from seeping downward through the hole and enlarging it further. Lastly, they encourage the use of sand and topsoil, and to landscape the surrounding conditions. Additional fill may be necessary over time as the filled material settles and compresses with time.
If a sinkhole occurs, there generally is no permit needed to provide the corrective action in order to fill it. If a sinkhole occurs within wetland areas or if the filling of a sinkhole would alter surface water flows or contribute to water pollution, additional authorizations may be required to be obtained before filling. District staff are available to assist in assessing the need for a permit or authorization.

What is ePermit and how do I use it?

ePermit (or electronic permitting) is an online application where you can submit a request, notice, or application to the District for activities covered under the ERP Rule; submit documents relating to that application; and track its review progress; all from your office, home, or mobile computer. This process also allows any interested party to search the District’s ERP permitting database for applications and other documents associated with ERP regulated activities.

What are Institutional Control Areas?

Information on institutional control areas and where they are located in the Northwest Florida Water Management District can be found by visiting the Florida Department of Environmental Protection’s (DEP) website at https://floridadep.gov/waste/waste/content/institutional-controls-registry-guidance.