It was seemingly news of a bureaucratic detail, but its rollout last month portended its importance when a slew of elected officials, EPA brass, and state agency leads held a press conference in South Florida to make the announcement. At the event, the Florida Department of Environmental Protection (DEP) announced that after many years of preparation, EPA granted the state assumption of the 404 program (the federal permitting program to regulate the discharge of dredged or fill material into wetlands and other waters of the U.S.).
In 2018, the Florida legislature passed a bill authorizing Florida to kickstart the state assumption process. After a thorough federal and public review period, coupled with detailed internal preparation, DEP has been approved to adopt the federal 404 program and enhance the protection of Florida’s wetlands. Florida is the first state in more than two decades to be granted this authority.
“Florida continues to be a pioneer of environmental protection. This is a historic moment for our agency and our state,” said DEP Secretary Noah Valenstein during the conference. “Our waters and wetlands are critical to our economy and way of life in Florida. As such, it is important for the state to take the lead in their protection.”
State assumption of the 404 will utilize the local expertise of DEP’s more than 200 environmental experts to further protect Florida’s natural resources. DEP officials noted that many of Florida’s restoration efforts, such as Everglades projects, have been delayed by the federal permitting program. Florida is known for overseeing the largest wetland restoration project in the world, as well as many other environmental projects.
State 404 assumption will localize DEP’s environmental protection efforts, streamline permitting procedures, and eliminate the duplicative reviews that halt progress on both public works and environmental projects. The majority of review requirements overlap between programs, and integrating these processes at the state level will provide greater certainty to the regulated community and conserve the time and resources of both applicant and regulator.
Some groups, including Florida Agriculture Commissioner Nikki Fried, expressed opposition to the move. Fried noted, “There is no reason to believe the state of Florida is prepared to manage critical wetland in a transparent, apolitical manner.”