“ The ability for states to have the power to regulate their own natural resources is vital , especially for a state like Florida where its growing economy is contingent on the continued protection of its environment ,” said DEP Secretary Shawn Hamilton “ Congress ’ action today is a testament to cooperative federalism , and I applaud Congressman Bean for championing this effort .”
BACKGROUND
■ In 2018 , Florida ’ s Legislature passed a bill that gave DEP 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 .
■ On Feb . 15 , 2024 , a federal judge issues an order divesting the Florida Department of Environmental Protection ( DEP ) of its authority to issue State 404 Program permits in Florida .
■ More than 1,000 State 404 permit applications were pending before DEP and are presently disrupted . Beyond just large-scale development projects this decision directly impeded efforts to review and authorize a wide range of 404 permit applications that benefit the environment and public .
■ The State 404 Program is responsible for overseeing permitting for any project proposing dredge or fill activities within state assumed waters .
MARCH 2024 • DITCHMEN 21