DEP is proposing revisions to Chapter 62-4, Florida Administrative Code (F.A.C.), and Chapter 62-330, F.A.C., and creation of Chapter 62-332, F.A.C. This rulemaking effort will establish an environmental resource permit (ERP) for water quality enhancement areas as codified in section 373.4134, Florida Statutes. Proposed rule changes will authorize the creation and use of enhancement credits for specified regulatory purposes, establish an application processing fee for the water quality enhancement area ERP, update the ERP Applicant's Handbook Volume I, and establish requirements for permit application, enhancement credits, service area requirements, land use protections, credit ledgers, monitoring requirements, financial responsibility, compliance and enforcement mechanisms and the surrender or transfer of permits.
DEP is hosting a public hearing to provide an opportunity for affected persons to present evidence and argument on the proposed rule amendments and new rule under consideration. The public hearing will be held at the Douglas Building, 3900 Commonwealth Blvd, Room 137, Tallahassee, FL 32399, and will also be held via Microsoft Teams to allow for virtual participation.
Pertinent evidence or materials submitted to DEP within 21 days after the date of publication of the Notices of Proposed Rule (Aug. 3, 2026) or submitted to DEP between the date of publication of the notices and the end of the public hearing will be considered by DEP and made a part of the record of the rulemaking proceeding. Evidence or materials can be submitted electronically via email to WQEA_2023@FloridaDEP.gov before the end of the public hearing or submitted in person at the hearing. All evidence and materials must be submitted by the close of the Aug. 25 hearing. Evidence and materials received after the end of the public hearing will not be incorporated into the record.
For more information on this rulemaking effort, including the public hearing agenda, visit DEP'S Division of Water Resource Management Rules in Development webpage above or email WQEA_2023@FloridaDEP.gov.
Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Persons who require special accommodations under the Americans with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact our Limited English Proficiency (LEP) Coordinator at 850-245-2118 or LEP@FloridaDEP.gov at least ten (10) days before the meeting. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, 800-955-8771 (TDD) or 800-955-8770 (voice).
