Environmental Resource Permits

Effective June 28, 2024, Chapter 62-330, FAC and ERP AH Vols. I & II were amended to include new water quality performance standards and supporting calculations specified in Section 8.0, Criteria for Evaluation, and Section 9.0, Stormwater Quality Treatment Evaluations, ERP AH Vol. I, respectively.  In addition, there are amendments to the requirements of Section 12.0, Operation and Maintenance Requirements and Section 3.1.2, “Grandfathering Activities”, ERP AH Vol. I.  

All project applications are subject to the amended rules, as follows:

• Unless specifically “grandfathered” per Section 3.1.2, ERP AH Vol. I (effective date 06/28/24), all project applications are subject to the new rules effective 06/28/24.  
• Section 3.1.2.(e)4, ERP AH Vol. I, specific to the amended stormwater criteria in Sections 8.0 and 9.0, provides a “grandfathering” provision for general or individual permit applications. These applications must be deemed complete, on or before December 28, 2025, to be exempt from Sections 8.0 & 9.0, ERP AH Vol. I and the ERP AH Vol. II, effective 06/28/24.  
• There is no specific “grandfathering” provision for new conceptual approval applications.  These applications must meet all the provisions stipulated in the amended rules, unless the project qualifies for the “grandfathering” provisions outlined in Sections 3.1.2.(e)1 – 3 & (f)-(i), (effective date 06/28/24).

An Environmental Resource Permit is required for development or construction activities to prevent flooding, protect the water quality of Florida's lakes and streams from stormwater pollution, and protect wetlands and other surface waters. The South Florida Water Management District regulates residential and commercial developments, roadway construction and agriculture; while the Florida Department of Environmental Protection oversees power plants, ports, wastewater treatment plants and single-family home projects.

This type of permit is needed for:

• Dredging and filling in wetlands or surface waters
• Constructing flood protection facilities
• Providing storm water containment and treatment
• Site grading
• Building dams or reservoirs
• Other activities affecting state waters

For assistance with RegPermitting or ePermitting, please contact the RegPermitting Hotline at (561) 682-2281 or regpermitting@sfwmd.gov.

There are three types of ERP's: General Permits, Conceptual Approval Permits, and Individual Permits. General Permits and smaller Individual Permits are authorized by District staff. Individual Permits for a project area over 100 acres, or with more than 10 acres of wetland impacts, or more than 30 boat slips are issued by the District's Executive Director. See Chapter 62-330, F.A.C., Applicant's Handbook Volume I and Applicant's Handbook Volume II for a complete discussion of the ERP program, including forms.

Additionally, a General Permit under subsection 403.814(12), F.S. is available for qualifying activities in uplands having less than 10 acres of total project area and less than two acres of impervious surface. This general permit requires submittal of an "electronic self-certification before construction begins. The "electronic self-certification" requirement can be satisfied through use of the Florida Department of Environmental Protection's (DEP) self-certification portal at www.fldepportal.com/go.

In reviewing your application, we are required to weigh whether the proposed activity will, among other things:

• Cause adverse flooding to on-site or off-site property
• Cause adverse water quality and quantity impacts
• Cause adverse impacts to wetlands, fish or wildlife
• Adversely affect public health, safety and welfare
• Impair navigation or surface water flows
• Adversely affect nearby fishing or recreational uses

If your proposed activities would impact wetlands, you will be asked to compensate for those impacts by preserving, restoring, enhancing or creating wetlands either on your property or at an appropriate off-site mitigation location, or by purchasing credits from a mitigation bank. Monitoring of mitigation wetlands is required to ensure their survival and ability to replicate functions of natural wetlands. See Section 10.0 of the ERP Applicant's Handbook Volume I for more information.

Environmental Resource Permit Compliance

The South Florida Water Management District is mandated by provisions of Chapter 373, F.S. to provide periodic compliance inspections for Environmental Resource Permits (ERPs). The Legislative intent is to ensure conformity with the approved plans and specifications and to protect the public health and safety, and the natural resources of the state.

The Environmental Resource Compliance (ERC) Bureau is tasked with providing compliance and enforcement services relating to both permitted and non-permitted projects. Some of the services provided include:

• Pre-construction meetings
• Construction inspections of permitted projects
• Review of Construction Completion Certifications
• Environmental mitigation and monitoring
• Investigation and resolution of public complaints
• Surveillance for unpermitted works
• Enforcement actions including documentation, notification and resolution
• Above Ground Impoundment Program
• Operable Structure Program
• Coordination with local governments
• Emergency Management coordination and response

Related Documents:

• Environmental Monitoring Guidelines [PDF]
• Compliance Coverage Area Map [PDF]

Sovereign Submerged Lands

If a proposed activity involves work in adjacent water bodies (e.g., Intracoastal Waterway, Lake Okeechobee), SFWMD will generally request a title determination from the State of Florida about claim to the submerged lands.

If the State claims title to the submerged lands, the District will also process any required authorizations from the State of Florida for use of the submerged lands. These authorizations can include consents of use, easements and leases; and must be processed concurrently with the ERP application. (See sections 253.77, 373.422 and 373.427, F.S.; and Chapter 18-21, F.A.C.)

Environmental Resource Permitting Forms

• Applications
• ERP Compliance Forms
• ERP Pre-SWERP Forms

Environmental Resource Permitting Fees

Fees for Environmental Resource Permits vary depending on the type of activity and the size of the project area. more »
 

Contacts & Locations

RegPermitting
Apply, search or submit data

Florida's Water
Permitting Portal
Links to Florida water resource permitting information