Information Required for a WOTUS Determination in State-assumed Waters

The information in this form is necessary if an applicant is requesting that the Department perform a Waters of the United States (WOTUS) jurisdictional determination pursuant to the Navigable Waters Protection Rule (40 C.F.R. 120) during review of a State 404 Program permit application, a Formal Determination under Chapter 62-340, F.A.C., or a request for verification that no permit is required under the State 404 Program. This form is provided as a service to applicants and petitioners. Use of the form may assist efficient review. 

Disclaimer: This form is only intended to assist the Florida Department of Environmental Protection in administering their approved state Clean Water Act Section 404 program. This form is not a “jurisdictional determination” or “approved jurisdictional determination” as defined and governed by the U.S. Army Corps of Engineers’ regulations per 33 C.F.R. § 331.2. This form is not binding on the federal government. The U.S. Environmental Protection Agency has final authority to construe the jurisdictional term “waters of the United States” under the Clean Water Act.