JACKSONVILLE -- On Dec. 18, the U.S. Army Corps of Engineers, Jacksonville District announced the Environmental Protection Agency (EPA,) has approved the State of Florida’s request to assume administration of a portion of the Clean Water Act (CWA) Section 404 program.
The State of Florida, with EPA approval, is authorized to administer its own permit program for the discharge of dredged or fill material into certain waters of the U.S. deemed “assumed waters.” The State of Florida’s authority under Section 404(g), CWA, in “assumed waters,” is in lieu of the permitting program implemented by the Corps, Jacksonville District. The State 404 Program will become effective on the date EPA publishes a notice in the Federal Register.
On the effective date of State 404 Assumption, the FDEP will assume regulatory authority of certain waters of the U.S. within the State of Florida. The waters the Corps will continue to regulate are referred to as “retained waters.” Pursuant to 404(g) of the CWA, the Corps will retain permitting authority under Section 404 of the CWA for those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark, including wetlands adjacent thereto.
After the effective date of the State 404 Program the Corps will continue to process:
The corps maintains a high level of cooperation and coordination with the Florida Department of Environmental Protection to assure successful and effective implementation of the Clean Water Act Section 404 program. The Jacksonville District will work with the State of Florida in its assumption of permitting authority under the Clean Water Act for the discharge of dredged or fill material into certain waters of the United States.
For additional information about Jacksonville District’s Regulatory program and 404 State Assumption, visit