ENROLLED
2016 Legislature CS for SB 1176
20161176er
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2 An act relating to dredge and fill activities;
3 amending s. 373.4144, F.S.; revising the acreage of
4 wetlands and other surface waters subject to impact by
5 dredge and fill activities under a state programmatic
6 general permit; providing that seeking to use such a
7 permit consents to specified federal wetland
8 jurisdiction criteria; authorizing the Department of
9 Environmental Protection to delegate federal
10 permitting programs for the discharge of dredged or
11 fill material; deleting certain conditions limiting
12 when the department may assume federal permitting
13 programs for the discharge of dredged or fill
14 material; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Subsections (2) and (3) of section 373.4144,
19 Florida Statutes, are amended to read:
20 373.4144 Federal environmental permitting.—
21 (2)(a) In order to effectuate efficient wetland permitting
22 and avoid duplication, the department and water management
23 districts are authorized to implement a voluntary state
24 programmatic general permit for all dredge and fill activities
25 impacting 10 3 acres or less of wetlands or other surface
26 waters, including navigable waters, subject to agreement with
27 the United States Army Corps of Engineers, if the general permit
28 is at least as protective of the environment and natural
29 resources as existing state law under this part and federal law
30 under the Clean Water Act and the Rivers and Harbors Act of
31 1899.
32 (b) By seeking to use a statewide programmatic general
33 permit, an applicant consents to applicable federal wetland
34 jurisdiction criteria, which are not included pursuant to this
35 part, but which are authorized by the regulations implementing
36 s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,
37 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors
38 Act of 1899 as required by the United States Army Corps of
39 Engineers, notwithstanding s. 373.4145 and for the limited
40 purpose of implementing the state programmatic general permit
41 authorized by this subsection.
42 (3) The department may pursue This section may not preclude
43 the department from pursuing a series of regional general
44 permits for construction activities in wetlands or surface
45 waters or delegation or complete assumption of federal
46 permitting programs regulating the discharge of dredged or fill
47 material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
48 92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
49 Rivers and Harbors Act of 1899, so long as the assumption
50 encompasses all dredge and fill activities in, on, or over
51 jurisdictional wetlands or waters, including navigable waters,
52 within the state.
53 Section 2. This act shall take effect upon becoming a law.