Florida Adopts A Statewide Rule For Environmental Resource Permits

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Following new state legislation granting the Florida Department of Environmental Protection (“FDEP”) the authority to establish one statewide rule for the environmental resource permitting (“ERP”) program, FDEP in early October finalized the new rule - Chapter 62-330. Previously, Florida’s five water management districts implemented different versions of rules addressing impacts to wetlands and surface waters. An ERP permit is required for certain activities that cause water pollution or affect wetlands and other surface waters.  The new rule is now applied statewide, with the interpretation of the rule implemented primarily by FDEP. The intent of the rule is to provide statewide consistency, while recognizing different natural systems that exist in the different regions/water management districts within the state. The new program provides for consistent application forms and filings through FDEP’s website.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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