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Submerged Lands and Environmental Resources Rulemaking Priorities 2012-2014




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.

General Submerged Lands and Environmental Resources Rule Development

Rule Title


Staff Contacts/ Drafts


Delegation of Authority
Increase the number of projects that can be authorized by districts rather than the BOT by deleting the slip threshold and increasing the preempted area threshold from 50,000 square feet to 150,000 square feet. Projects of heightened public concern would continue to require final action by the BOT.

Tim Rach,
Alice Heathcock,

The BOT approved changes to delegations and initiating rulemaking on 4/5/11. OFARR had no comments 8/22/11. Published a Notice Rule Development on 9/2/11. Next step is to request the BOT approve the proposed rule and to publish a NPR. On Hold. Included in Regulatory Plan 2012, and 2013-2014. Will have to publish a new NRD .

Last Updated: July 11, 2014

Delegation of ERP to Miami Dade County


 Incorporate by reference an Operating Agreement to delegate a portion of the ERP permitting, enforcement, and compliance program to MDC.

Krystle Hoenstine,
Doug Fry,
Matt Davis
Susan Martin

Received request for delegation 3/07. Published NRD 8/17/07. Held workshop 10/9/07. Drafted and revised Agreement. Published second Notice Rule Development on 9/25/09. Miami-Dade County Commission reviewed 2/2010. On hold. Included in Regulatory Plan 2012. Not in 2013-2014 Regulatory Plan. Have requested MDC to withdraw the petition until ready to pursue delegation.

Last Updated: July 11, 2014

Mitigation Banks (14-0014)

 Correct citations and references resulting from amendments to the statewide Environmental Resource Permitting rule Chapter 62-330, F.A.C., effective 10/1/13, and repeal of rules in Chapter 62-312, F.A.C., and repeal of Chapters 62-343 and 62-346, F.A.C., effective 11/25/13.

Alice Heathcock
Krystle Hoenstine

Included in the Regulatory Plan 2012-13. Published a Notice Rule Development for 62-342 F.A.C. on 3/31/14.  Published a Notice of Proposed Rule for 62-342 on 6/17/14.

Last Updated: July 11, 2014

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.

John Humphreys
Krystle Hoenstine

New! 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; next will reviewing results and develop draft rule by 9/30/14. 

Last Updated: July 11, 2014

Rule Development for Statewide ERP Rule (Chapter 62-330 F.A.C.)

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.

Doug Fry,
Krystle Hoenstine

New! Clean-up rulemaking was anticipated, but was not included in the Regulatory Plan 2013-2014; it is in the 2014-2015 Plan. First step will be to request publishing a Notice of Rule Development, expected in July.

Last Updated: July 11, 2014

Environmental Resource General Permit for the West Coast Inland Navigation District in Charlotte County
Adoption of a new GP to streamline permitting of maintenance dredging of public navigation channels and canals within Charlotte County.

Will meet WCIND statutory requirements, while having minimal adverse individual and cumulative impact. Will reduce regulatory burdens, save money, and enhance navigation for the public.

Andy May,
Lucy Blair,
Doug Fry,
Krystle Hoenstein

Materials needed to adopt this GP are under development by the WCIND and Florida Sea Grant. Decided to conduct separate rulemaking after the 62-330 statewide ERP became effective 10/1/13. Published Notice of Rule Development on 2/26/14; held a public workshop April 1 in Punta Gorda. Next step is to request to publish a Notice of Proposed Rule .

Last Updated: July 11, 2014

Environmental Resource General Permit for Public Mooring Fields
New! Adoption of a new GP for public mooring fields serving a maximum of 100 vessels, including associated courtesy docks. The GP must be exclusively for the general public; comply with Part IV of Ch. 373, F.S., and be consistent with the local government manatee protection plan. Includes delegation to issue leases from the Board of Trustees for mooring fields that meet the GP. (HB 999 modified 373.118(4), F.S., 7/1/13)

Tim Rach
Alice Heathcock
Krystle Hoenstine

Published a Notice of Rule Development on 9/4/13. Held a workshop-webinar on 6/20/14.

Last Updated: July 11, 2014

Environmental Resource General Permit for Aquatic Restoration

 DEP and FWC will develop a draft BMP manual for Aquatic Restoration activities, with the intention that certain BMPs will become the basis for a new SWERP general permit issued to the FWC for aquatic restoration activities.

Doug Fry,
Andy May,
Richard Musgrove,
(Fish and Wildlife Commission),
Krystle Hoenstine

New! Included in Regulatory Plan 2014-2015. A work group has been formed to consider the scope and feasibility for a general permit.

Last Updated: July 11, 2014


The above information is maintained on the Division of Water Resources web for on-going Rule Amendments at http://www.dep.state.fl.us/water/rules_dr.htm#erp.


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: March 12, 2014

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