On December 17, 2020, the Environmental Protection Agency (EPA) formally transferred permitting authority under CWA Section 404 from the U.S. Army Corps of Engineers (Corps) to the State of Florida for a broad range of water resources within the State. The primary State 404 Program rules are adopted by the Florida Department of Environmental Protection (FDEP) as Chapter 62-331 of the Florida Administrative Code (F.A.C.). While the State 404 Program is a separate permitting program from the Environmental Resource Permitting program (ERP) under Chapter 62-330, F.A.C., and agency action for State 404 Program verifications, notices, or permits shall be taken independently from ERP agency action, the FDEP and the Southwest Florida Water Management District (SWFWMD) will be participating in a Joint application Process. Upon submittal of an ERP application that proposes dredge/fill activities in wetlands or surface waters within state assumed waters, the SWFWMD will forward a copy of your application to the FDEP for activities under State 404 jurisdiction. The applicant may choose to have the State 404 Program and ERP agency actions issued concurrently to help ensure consistency and reduce the need for project modifications that may occur when the agency actions are issued at different times.

ATTENTION:

Use of the new general permit in Section 403.814(12) of the Florida Statutes available July 1, 2012, to construct, alter, or maintain activities in uplands having less than 10 acres of total project area and less than 2 acres of impervious surface requires submittal of an “electronic self-certification.” Use of the self-certification portal of the Department of Environmental Protection is not required. You may submit an alternative electronic CERTIFICATION directly to the applicable agency, PROVIDED IT MEETS ALL OF THE REQUIREMENTS SPELLED OUT IN THE STATUTE.

However, the Department’s portal is available as a convenience, whether notice of the activity would be submitted to a water management district, the Department, or a delegated local government. Use of this system ensures that your notice will be received in a timely manner, will be directed to appropriate staff to the correct agency, will address the statutory requirements, and will be automatically archived. It will also provide you with confirmation of your notification, which you may retain for your records.