In 2018, Florida’s Legislature passed a bill that gave the Florida Department of Environmental Protection (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 State 404 Program is responsible for overseeing permitting for any project proposing dredge or fill activities within state-assumed waters. In February of 2024, a federal judge issued an order divesting the DEP of its authority to issue State 404 Program permits in Florida.
More than 1,000 state 404 permit applications were pending before DEP and are presently on hold. Beyond large-scale development projects, this decision directly impeded efforts to review and authorize a wide range of 404 permit applications that benefit the environment and the public.
To streamline this process, Florida Congressman Aaron Bean (FL-04) has reintroduced H.R. 2030, the Maintaining Cooperative Permitting Act of 2025, to protect the ability of states like Florida to continue their state 404 Permitting Programs.
His bill would specifically codify the dredge and fill permitting programs administered by states like Florida and clarify the law so it may successfully navigate the process to assume this authority.
“The ability of states to take the lead in regulating their natural resources is vital, especially in the Sunshine State. Florida’s 404 permitting program remains essential for protecting our iconic wildlife and valued wetlands while reducing wasteful duplication and improving responsiveness to applicants and the communities’ projects they serve,” said Congressman Bean.
U.S. Senator Ashley Moody (R-FL) introduced companion legislation on the Senate side.
“As a fifth-generation Floridian, Florida has made significant efforts to conserve its incredible natural resources. However, under the Biden administration, our ability to protect our environment has been hindered by federal bureaucracy and excessive red tape, and Section 404 permit applications for projects that benefit the environment and the public have become subject to a federal backlog. States should have the right to make decisions about their own natural resources, not be dictated to by Washington bureaucrats,” said Senator Moody.
