Environmental Resource Permits

Helpful Information

District staff works diligently to ensure that 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 District Headquarters (850-539-5999) or DeFuniak Springs Service Office (850-951-4660) to set up a pre-application meeting. You can also find a list of contacts for each office under the Permitting Process tab.

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).

Overview of ePermit

District staff provided public training regarding utilization of the new NWFWMD ePermit Portal. Please click on the links below to review the ePermit Reference Guide and PowerPoint presentation that covers the main points of ePermit. There is also an FAQ section at the end of the presentation. Feel free to contact the District if you have questions about ePermit.

ePermit Quick Reference Guide

PowerPoint Presentation on ePermit (.pdf file)

Who needs a permit?

Florida law 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 US Army Corps of Engineers, although a joint application process has been developed between the state and Corps.

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.

State 404 Program

In 2018,  the legislature passed a bill that gave the Department of Environmental Protection 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 EPA on Aug. 20, 2020.
However, a federal court order was issued just before midnight on Feb. 15, 2024,  suspending DEP 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. Please visit the State 404 Program section of the FDEP’s website for more information by clicking here – https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/state-404-program