Environmental Regulations for Dredging and Coastal Development in Florida

Florida’s stunning coastlines are a major draw for residents and tourists alike, but maintaining their beauty and functionality requires careful management. Dredging and coastal development are vital for navigation, erosion control, and infrastructure, but these activities come with significant environmental responsibilities. Navigating the complex web of federal and state regulations is crucial for successful and sustainable marine construction projects in the Sunshine State.

Florida’s unique and fragile marine ecosystems, including vibrant coral reefs, expansive seagrass beds, and critical wetland habitats, are highly sensitive to disturbances. As a result, the state has a robust framework of environmental laws and regulations designed to minimize impacts from dredging and coastal development. This article will explore the key regulatory bodies, essential permits, and pivotal environmental laws that govern these activities, providing a roadmap for anyone looking to undertake marine construction in Florida.

The Regulatory Landscape: Who Governs What?

Several governmental bodies play a significant role in regulating dredging and coastal development in Florida:

Florida Department of Environmental Protection (FDEP): FDEP is the primary state agency responsible for environmental protection and permitting in Florida. They administer the Environmental Resource Permitting (ERP) program, which regulates activities like dredging and filling in wetlands and other surface waters, stormwater management, and the construction of docks and seawalls. FDEP also manages the Coastal Construction Control Line (CCCL) program, which sets specific siting and design criteria for construction seaward of the CCCL to protect the beach and dune system.

Water Management Districts (WMDs): Florida is divided into five water management districts (Northwest Florida, Suwannee River, St. Johns River, Southwest Florida, and South Florida). These districts often have delegated authority from FDEP to process ERPs, particularly for regional water resource management.

U.S. Army Corps of Engineers (USACE): At the federal level, the USACE is responsible for regulating activities in “navigable waters of the United States” and “waters of the United States” under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, respectively. This includes most dredging and filling operations. Applicants in Florida often submit a joint application that is reviewed by both FDEP/WMDs and the USACE, streamlining the process.

National Oceanic and Atmospheric Administration (NOAA) – Florida Keys National Marine Sanctuary (FKNMS): For projects within the Florida Keys National Marine Sanctuary, additional authorizations and permits from FKNMS are often required due to the sensitive nature of the marine environment. This typically involves submitting a resource assessment survey to identify and mitigate impacts to sensitive marine species and habitats.

Key Environmental Laws and Acts Affecting Marine Construction

Beyond the specific permitting programs, several overarching environmental laws significantly influence marine construction projects in Florida:

Clean Water Act (CWA): This federal law is foundational to water quality protection. Section 404 of the CWA, administered by the USACE, regulates the discharge of dredged or fill material into “waters of the United States,” including wetlands. Section 402 of the CWA establishes the National Pollutant Discharge Elimination System (NPDES) permit program, which regulates point source discharges of pollutants into navigable waters.

Rivers and Harbors Act of 1899 (RHA): Section 10 of the RHA, also administered by the USACE, requires permits for any obstruction or alteration of navigable waters of the United States, including structures like docks, piers, and bulkheads, as well as dredging activities.

Coastal Zone Management Act (CZMA): This federal act encourages coastal states to develop and implement coastal zone management plans. Florida’s federally approved Florida Coastal Management Program (FCMP) coordinates various coastal management activities and reviews federal activities for consistency with Florida’s coastal laws and policies. This “federal consistency” review ensures projects align with state environmental goals.

Endangered Species Act (ESA): This federal law protects endangered and threatened species and their habitats. Marine construction projects must assess potential impacts on federally listed species such as sea turtles, manatees, and various fish species. If a project is likely to “take” (harm or kill) a protected species, an Incidental Take Permit (ITP) may be required from the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). Florida also has its own Florida Endangered and Threatened Species Act, providing additional state-level protections.

Magnuson-Stevens Fishery Conservation and Management Act (MSA): While primarily focused on fisheries management, the MSA includes provisions for protecting Essential Fish Habitat (EFH). Projects that may adversely impact EFH, such as seagrass beds or oyster reefs, may require consultation with NOAA Fisheries to develop mitigation strategies.

Florida Beach and Shore Preservation Act (Chapter 161, Florida Statutes): This state act is crucial for protecting Florida’s sandy beaches and coastal systems. It governs activities related to beach restoration, erosion control structures (like groins and breakwaters), and inlet maintenance. Projects affecting these areas often require a Joint Coastal Permit (JCP) through FDEP’s Beaches, Inlets, and Ports Program (BIPP).

Florida Manatee Sanctuary Act: This state act specifically protects the Florida manatee, a threatened species, from harassment, harm, or death. Projects in manatee habitats must adhere to specific restrictions and may require permits or special conditions to avoid negative impacts.

Successfully navigating environmental regulations for dredging and coastal development in Florida requires a thorough understanding of both federal and state requirements. Early consultation with regulatory agencies, comprehensive environmental assessments, and a commitment to implementing avoidance and mitigation measures are paramount. By prioritizing environmental stewardship, developers and contractors can contribute to the sustainable growth of Florida’s coastal communities while safeguarding its invaluable natural heritage for generations to come.

John Caravella, Esq

John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: [email protected] or (631) 608-1346.

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Resources:

Florida Department of Environmental Protection (FDEP):

U.S. Army Corps of Engineers (USACE):

Florida Fish and Wildlife Conservation Commission (FWC):

NOAA Fisheries:

Florida Statutes (for specific laws):

 

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