Rulemaking and Regulatory Meetings
Rulemaking to Amend “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the South Florida Water Management District”
The Florida Department of Environmental Protection (DEP) initiated rulemaking in accordance with section 5 of Chapter 2020-150, Laws of Florida (known as Senate Bill 712) to update the stormwater design and operation regulations adopted under section 373.4131, Florida Statutes, using the most recent scientific information available.
In conjunction with DEP’s rulemaking, the five water management districts, including the South Florida Water Management District (District), have worked together to develop amendments to (1) update the stormwater design and operation regulations, (2) address low-impact design best management practices and design criteria that increase the removal of nutrients from stormwater discharges, and (3) implement measures for consistent application of the net improvement performance standard to ensure significant reductions of any pollutant loadings to a waterbody. DEP’s rulemaking includes amendments to Chapter 62-330, Florida Administrative Code, and to the statewide Environmental Resource Permit Applicant’s Handbook Volume I (Volume I). The District’s rulemaking focuses on amending “Environmental Resource Permit Applicant’s Handbook Volume II for Use Within the Geographic Limits of the South Florida Water Management District" (Volume II) to be consistent with DEP’s changes to the Applicant’s Handbook Volume I and Chapter 62-330, Florida Administrative Code. The District's proposed amendments to its Volume II include deleting criteria and updating references to conform to DEP’s amendments to Volume I. Each of the other regional water management districts are also in the rulemaking process for each of their respective Applicant’s Handbook Volume II as part of this coordinated rulemaking effort.
The District published a Notice of Rule Development on December 18, 2020, in the Florida Administrative Register, Vol. 46, No. 245, to update Volume II.
The South Florida Water Management District held a workshop on the draft rule on January 24, 2023.
- Notice of Proposed Rule FINAL (04/13/2023)
- Environmental Resource Permit Volume II Agenda Rule Workshop (01/24/2023)
- Environmental Resource Permit Applicant's Handbook Volume II (01/17/2023)
- 40E-4.091 Proposed Rule DRAFT (02/22/2023)
- 40E-4.091 Volume II Environmental Resource Permit DRAFT (02/23/2023)
- ERP Stormwater Rulemaking Workshop Video
Quarterly Regulatory Meetings
Changes in the Permit Review Process
A 2009 amendment to Chapter 373 of the Florida Statutes delegates to executive directors at the state's five water management districts the authority to approve permit applications related to water resources and the environment. To ensure continuing public involvement, the South Florida Water Management District is strengthening its commitment to transparency and open government by increasing public access to its permitting process via Regulatory Meetings held for the public.
If you wish to participate in Public Meetings to discuss Regulatory Matters but cannot attend them in West Palm Beach, you can interact and provide comments during video-conferences at these service centers.
- Fort Myers Service Center
2301 McGregor Boulevard
Fort Myers, FL 33901
- Okeechobee Service Center
316 NW 5th Street
Okeechobee, FL 34972
- Orlando Service Center
1707 Orlando Central Parkway, Suite 200
Orlando, FL 32809
Meetings will also be webcast. You may also send comments to the District about applications for Consumptive Use Permits and Environmental Resource Permits through ePermitting.
Written comments can be mailed to:
South Florida Water Management District
Regulation - MSC 9610
3301 Gun Club Road
West Palm Beach, FL 33406