Law & Legal & Attorney Government & administrative Law

Florida Wetlands Laws

    Protection of Wetlands (Executive Order 11990)

    • This is one of two laws issued by President Jimmy Cater in 1977 that directed federal agencies to consider direct and indirect adverse effects of federal activities on or near wetlands and floodplains. Executive Order 11990 required all federal agencies to "take action to minimize the destruction, loss or degradation of wetlands and enhance the natural and beneficial values of wetlands" while carrying out their responsibilities.

    Floodplain Management (Executive Order 11998)

    • Also implemented by Jimmy Carter in 1972, Executive Order 11998 required similar protection for floodplains, including avoiding activity in the floodplain when possible.

    Federal Water Pollution Control Act of 1972

    • Commonly referred to as the Clean Water Act, this federal law is the primary wetlands protection across the United States, and is enforced on both federal and state levels.

      Section 404 of the act requires a permit for most activities that would dredge or fill any of the nation's waters, including wetlands. However, certain farming, ranching and forestry activities that do not alter the use of land, as well as some construction and maintenance activities, are exempt from permit requirements. In accordance with Section 404, a wetland area must be mitigated for (replaced through the creation or enhancement of another wetland) each time it is destroyed.

      The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency share responsibility for implementing a permit program for dredging and filling wetland areas. The EPA has authority to veto a permit if materials will adversely affect surrounding areas.

    Florida Non-Indigenous Aquatic Plant Control Act

    • This statute addresses the threat of invasive aquatic plants to Florida's waters and designates responsibility for their control.

      In addition, Florida statutes 369.20, 369.25, 369.251 require permits for any activity that involves the control, removal, collection, sale, or possession of aquatic plants for business purposes. However, under certain circumstances, plant management on certain water bodies does not require a state permit.

    Warren S. Henderson Wetland Protection Act

    • Florida passed this act in 1984 to exempt harvest, site preparation, and planting from federal regulation regarding wetlands. Exemptions for most agricultural and forestry activities are maintained under Chapters 373 and 403 of the Florida Statutes.

    The Food Security Act of 1985

    • This act implemented "Swampbusters," a program that removed federal incentives for the agricultural conversion of wetlands by making farmers who have drained or converted wetlands ineligible for most farm subsidies. The Food Agriculture, Conservation and Trade Act of 1990 later amended "Swampbusters" and created the Wetland Reserve Program, which provides financial incentives to farmers to restore and protect wetlands through the use of long-term easements.

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