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Submerged Lands and Environmental Resources Rulemaking Priorities 2014-2015


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Implementation of the Environmental Resource Permit Program and the program that authorizes uses of submerged lands owned by the State involves several Florida Statutes and a number of rules of the Department, including certain rules of the water management districts that have been adopted for use by the Department. If you would like to get on our email list for rule updates, please see our Interested Parties Mailing List sign-up page.


Environmental Resource Permitting & Submerged Lands Draft Rules

Rule Title


Staff Contacts/ Drafts


Statewide ERP Phase 2
SWERP Phase 2 “glitch” rule. Amend the rule and Applicant’s Handbook and forms to incorporate streamlining measures; revise the Joint Application to add USACE information items; and make minor corrections.


Drafts & Documents

Clean-up rulemaking was anticipated, but was not included in the Regulatory Plan 2013-2014; it is not in the 2014-2015 Plan. Published a Notice of Rule Development on 9/3/14 and held a public workshop webinar on 9/19/14. Published a Notice of Workshop on 9/10/15; conducted the workshop on 10/2/15; considered comments received. Currently routing a request to publish a Notice of Proposed Rule.

Last Updated: November 16, 2016

Financial Responsibility
To allow mitigation banks to use alternative methods of demonstrating financial responsibility. Current mechanisms in the rule would remain available.


Drafts & Documents

Published a Notice of Rule Development for April 17, 2015. A revised Notice of Rule Development was published on 8/20/15, announcing a Public Workshop held on 9/8/15. Considering comments received.  Next step is to request publishing a Notice of Proposed Rule.

Last Updated: November 16, 2016

Uniform Mitigation Assessment Method
Amend rule and forms for clarity and consistency. Clarify use of preservation as mitigation, quantify functions provided by surrounding upland communities, assess Location and Landscape Support functions, determine time-lag and risk factor, and classify altered and artificial sites. Clarify method for assessing seagrass, hardbottom and other submerged communities. Revise forms to better track steps and long-term wetland functional losses and gains.


Drafts & Documents

Included in Regulatory Plan 2012-2013. Published a Notice of Rule Development for 62-345 on 5/3/13; held a public workshop 6/26/13; and 12/19/13. Completed field-testing of draft UMAM scoring worksheets 7/1/14; presented results and draft rule at a public workshop on February 5, 2015.  Published Notice of Workshop for 62-345 which was held October 12, 2016. Next step is to request publishing a Notice of Proposed Rule in 2017.

Last Updated: November 16, 2016


The above information is maintained on the Division of Water Resources web for on-going Rule Amendments.


Adopting Body: Board of Trustees (BOT) for Chapter 18 Rules; DEP Secretary (SEC) for Chapter 62 Rules

Acronyms Used

  • DEP - Department of Environmental Protection
  • ERP - Environmental Resource Permit
  • FAW -Florida Administrative Weekly
  • SEC - DEP Secretary
  • JAPC - Joint Administrative Procedures Committee
  • NDR - Notice of Development of Rule
  • NGP - Noticed General Permit
  • NOC - Notice of Change
  • NPR - Notice of Proposed Rule
  • OFARR - Office of Fiscal Accountability & Regulatory Reform
  • SSL - Sovereignty Submerged Lands
  • WMD -Water Management District
  • WRP - Wetland Resource Permit

Links for Specific Rule Information

Last updated: September 27, 2016

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