Email    Print

DEP Assumption of Section 404 Permits

In December 2020, the Florida Department of Environmental Protection (FDEP) was approved to assume the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within areas of the State called “Assumed Waters”. Assumed Waters are all jurisdictional wetlands located more than 300 feet from the edge of a navigable freshwater body or a tidal waterbody. The U.S. Army Corps of Engineers kept Section 404 permitting in traditionally navigable waters and areas within 300 feet of a navigable freshwater body or a tidal waterbody. State assumption of the 404 program will provide a streamlined permitting procedure within which both federal and state requirements are addressed by state permits. The State 404 Program is a separate program from the existing Environmental Resource Permitting Program (ERP), and projects within state-assumed waters will require both an ERP and a State 404 Program authorization. Efficiency will come from the fact that approximately 85% of review requirements overlap between programs, eliminating duplicative review. The State 404 Program will apply to any project proposing dredge or fill activities within state assumed waters.
For more information click here: 404 Assumption


<< Back