Federal Permits and Coordination Agreements Between DEP, WMDs, and the U.S. Army Corps of Engineers

State Programmatic General Permit | U.S. Army Corps of Engineers Nationwide Permits | U.S. Army Corps of Engineers Operating Agreement with DEP and WMDs

State Programmatic General Permit

The Jacksonville District of the U.S. Army Corps of Engineers (Corps) issued an expanded State Programmatic General Permit (SPGP VI) on July 27, 2021. The purpose of the SPGP VI is to avoid duplication of permitting between the Corps and the Florida Department of Environmental Protection (DEP) for minor work located in waters of the United States, including navigable waters. SPGP VI reduces the need for separate approval from the Corps for the approved project types, and it increases the efficiency of both state and federal staff in serving the public. SPGP VI is implemented throughout the state of Florida, continuing environmental protection while increasing service to the public. A copy of the SPGP VI instrument and all attachments are available from the Corps.

SPGP VI includes the following categories of work:

• Shoreline stabilization (now expanded to include living shorelines).
• Boat ramps and boat launch areas and structures associated with such ramps or launch areas.
• Docks, piers, associated facilities and other minor piling-supported structures.
• Removal of derelict vessels.
• Scientific sampling, measurement and monitoring devices.

State Programmatic General Permit Excluded Areas

The following areas are excluded from the Self-Certification process for obtaining federal authorization through a State Programmatic General Permit (SPGP VI):

• Within the coastal counties of Wakulla, Taylor, Dixie, Levy, Pasco and Monroe.
• Within Harbor Isles.
• In federal navigational channels.
• In the Florida Panther Consultation Area.
• In Acroporid Coral Critical Habitat.
• In North Atlantic Right Whale Critical Habitat.
• In Piping Plover Critical Habitat.
• In American Crocodile Critical Habitat.
• In Smalltooth Sawfish Exclusion Zones (specific areas of the Caloosahatchee River in Lee County).
• Gulf Sturgeon Critical Habitat Migratory Restriction zones.
• Atlantic Sturgeon Critical Habitat Exclusion Zone.
• North Atlantic Right Whales Educational Sign zones.
• At the mouths of Gulf sturgeon spawning rivers (Escambia River, Blackwater/Yellow Rivers, Choctawhatchee River, Apalachicola River and Suwannee River) and narrow inlets (Indian Pass and Government Cut in Apalachicola Bay and Destin Pass in Choctawhatchee Bay).
• Within 2,500 ft of a wood stork nest.
• In federal special waters:
  • Biscayne Bay National Park.
  • Blackwater Creek.
  • Faka Union Canal.
  • Garfield Point.
  • Lake Miccosukee.
  • Loxahatchee River.
  • Okeechobee Waterway.
  • Rock Springs Run.
  • St. Lucie Impoundment.
  • St. Marys River.
  • Tampa Bypass Canal.
  • Timucuan Preserve.
  • Wekiva River.

Note that waters assumed by DEP under the State 404 Program, except for Historic Commerce Waters are also excluded.

U.S. Army Corps of Engineers Operating Agreement with DEP and WMDs

• Operating Agreement Between the U.S. Army Corps Of Engineers, the Florida Department of Environmental Protection and the Water Management Districts.
• Operating Agreement Between the Jacksonville District of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection and Northwest Florida Water Management District Concerning Regulatory Programs for Activities in Wetlands and Other Surface Waters (NWFWMD Only).
• Interagency Coordination Agreement for Civil Works Projects.

U.S. Army Corps of Engineers Nationwide Permits

The following is the state of Florida’s determination regarding water quality certification for the modification of the Department of the Army Corps of Engineers (Corps) Nationwide Permits (NWPs) 3, 7, 12, 14, 27 and 40, and the issuance of new NWPs 39, 41, 42, 43 and 44, as noticed in the Federal Register on March 9, 2000.

In accordance with the authority granted to the department by the Governor of the state of Florida on Jan. 15, 1998, 33 U.S.C. secs. 1341 and 1362 (the Clean Water Act), and 40 C.F.R. sec. 121.1(e), the department is granting water quality certification for all the above listed NWPs, subject to adoption by the Corps of the attached regional conditions applicable to each NWP.

• State of Florida Regional Conditions for Nationwide Permits (NWPs).
• Summary of the 2012 Nationwide Permits.
• Federal Register Notice: Reissuance of Nationwide Permits.