Wetlands Oversight Still Confusing After Court Decision

What makes Florida’s Wetland Permit Program Different?

The Florida program is distinctive in that it is broader than the federal program, because it regulates the alteration of uplands that may affect surface water flows and “isolated” wetlands falling outside of federal jurisdiction. Florida regulates all land disturbance that could have an effect on state waters, whether or not the activity itself occurs in state waters. From a sea level rise adaptation perspective, this kind of scope could enable Florida to provide protection to dry, potentially inundatal lands, although there is no indication that they are doing so now.

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