The EPA has approved Florida’s State 404 Program, which allows the Florida Department of Environmental Protection to administer the federal dredge and fill permitting program under section 404 of the Clean Water Act. This provides a streamlined permitting process for projects proposing dredge or fill activities within state-assumed waters, with federal and state requirements being addressed by state permits. The State 404 Program is separate from the existing ERP program, but projects within state-assumed waters require both authorizations. The program became effective on Dec. 22, 2020.
State 404 Program Application Info
The State 404 Program and Environmental Resource Permitting (ERP) are joint applications that require information for both authorizations. Applicants should submit information on the form for the highest authorization required. The application should be submitted to the agency processing the associated ERP application. If a project does not require an ERP authorization, the applicant must submit the application to the appropriate DEP district or program office for processing. There are no additional fees for State 404 Program review, but regular fees for ERP review must be paid. The Business Portal can be used to submit ERP applications and indicate the type of State 404 authorization required, but a separate paper form must be used for a stand-alone 404 application.
To apply for a self-certification, exemption, general permit, or individual/conceptual permit online, you can use the DEP Business Portal. If you need help with something, give us a call!