Regulations and Permitting

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The Florida Department of Environmental Protection (FDEP) is the primary State agency entrusted with enacting and administering regulations related to stormwater management in Florida. Florida’s Stormwater Rule, Chapter 62-25 F.A.C., is implemented through a permitting process and the organization of five Water Management Districts. In Collier County, the authority of the FDEP for stormwater management regulation and permitting is delegated to the South Florida Water Management District (SFWMD).

In general, South Florida Water Management District reviews, approves, inspects and permits projects over 40 acres, County-owned projects, or projects impacting wetlands.

Stormwater management regulations in Collier County address flood control and water quality issues according to Part IV, Chapter 373, F.S. and the program implementing Rule 40E-4, F.A.C., as amended, under the South Florida Water Management District and the Collier County Land Development Codes.

Useful County water management ordinances

Federal Regulations

The federal regulatory framework for stormwater management in Collier County is principally controlled by two agencies, the Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACOE). The Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977, is implemented by the EPA. This includes the EPA’s National Pollutant Discharge Elimination System (NPDES) program. To achieve the water pollution goals of the Act, the EPA provided assistance to State governments, and entrusted the State of Florida with implementation of the Stormwater Rule. The State of Florida implements the NPDES program through the Department of Environmental Protection.

The USACOE has been involved in regulating certain activities in the nation’s waters since 1890. As a result of several new laws and judicial decisions their role has grown to consider the full public interest by balancing favorable and detrimental impacts of water management that includes the environment. A primary concern of the USACOE is in the permitting of the alteration of wetlands as regulated by 33 CFR Part 320, §320.4. The USACOE district engineer may undertake reviews of particular wetland areas in consultation with other appropriate agencies to assess the cumulative effect of activities in such areas.

Updated March 2, 2017

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