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Division of Water Resource Management

404 Assumption

During  Florida’s 2018 legislative session, a bill was passed that gave DEP authority to begin the public rulemaking process to better protect  the state's wetlands and surface waters by assuming the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters. The rulemaking process was completed on July 21, 2020. Through this process, Chapter 62-331, F.A.C., “State 404 Program,” was created to bring in the requirements of federal law not already addressed by the existing Environmental Resource Permitting (ERP) program.

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