Federal wetlands protections threatened by bill advancing in Florida legislature

A Florida Senate committee, Wednesday, advanced a bill (SB 1402) which aims to place a longstanding federal program that protects wetlands through the Clean Water Act under state control.

Right now, under the federal Clean Water Act, the U.S. Army Corps of Engineers holds permitting authority when it comes to proposed developments on environmentally sensitive wetlands in Florida. This designation is known as “Dredge and Fill Permitting Authority” under Section 404 of the Clean Water Act.

However, a companion bills moving rapidly in both chambers of the Florida Legislature would put such decisions in the hands of the state Department of Environmental Protection. Bill sponsor, Sen. David Simmons, R-Logwood, said that if approved by the EPA, the legislation would eliminate a redundancy in the development permitting process for freshwater wetlands.

“This is permitted by federal law so that the state can administer, without duplication, with federal law itself, the Section 404 permits, but the actual implementation of this and the execution of this will be done as if the DEP is acting as the Corps of Engineers, and will be done in accordance with the requirements of federal law,” said Sen. Simmons. “There will be no lessening of the requirements for these dredge permits.”

Environmental advocates oppose the bill over concerns that it will fast track permitting for development of wetlands. They point to the importance of Florida’s wetland ecosystems as critical habitat for endangered species, as a source of fresh drinking water, and as a vital aspect to Florida’s natural infrastructure in the event of hurricanes and floods. One acre of wetlands can store about one million gallons of water. The Conservancy of Southwest Florida’s Amber Crooks said she’s also concerned about the DEP’s ability to take on the additional work.