In 2018, Florida Legislature passed a bill to launch a public rulemaking process to better protect state wetlands and surface waters by assuming a federal dr and filling permit program under section 404 of the federal cleanwater law within certain waters.
The State 404 program is responsible for overseeing permission for projects that propose dr activities within states’ waters. In February 2024, a federal judge issued an order to sell DEPs in Florida with the authority to issue a State 404 Program permit.
More than 1,000 state 404 permit applications are pending before the DEP and are currently pending. Beyond large development projects, the decision directly hampered efforts to review and approve a wide range of 404 permit applications that benefit the environment and the public.
To streamline this process, Florida Rep. Aaron Bean (FL-04) has reintroduced the HR 2030, the Cooperation Permit Act of 2025, to protect Florida’s ability to continue the state 404 Permit program.
His bill specifically codifies state-controlled dr and filling permit programs like Florida, making it clear to the law and allowing the process to be navigated well to envision this authority.
“The ability for the nation to take the lead in regulating natural resources, especially in the sunshine. Florida’s 404 permitting program remains essential to protect iconic wildlife and precious wetlands.
US Senator Ashley Moody (R-FL) has introduced companion laws on the Senate side.
“As Florida’s fifth generation Florida, Florida has put in great effort to save incredible natural resources. However, under the Biden administration, our ability to protect the environment has been hampered by federal bureaucracy and excessive deficits, and Section 404 for projects that benefit the environment should be responsible for their own backlog to address their own backlog, Senator Moody said.
