- Rulemaking Goals &
- Rulemaking Approach
- Scope of Rulemaking
Rulemaking Goals and Principles
- One of the top priorities in this rulemaking is creating
a more certain regulatory process that is applied
consistently across Florida to protect the environment and
foster a sustainable economy.
- Currently, between DEP and the water management
districts, there are five different versions of the ERP
- A statewide rule will reduce the confusion over having
to determine which of five different sets of criteria or
requirements are needed to fulfill and what type of permit,
if any, is required.
- A more consistent rule will be easier to use on both
ends—easier for the citizens or businesses completing the
application process and for the agency staff processing the
applications. It will eliminate unnecessary and confusing
requirements and allow DEP and the districts to consistently
apply rule criteria statewide.
- The goal is to develop a streamlined, straightforward
core rule that is applicable statewide, but that still
accounts for each region’s differing physical and natural
A statewide rule will not raise or lower environmental standards.
It will simply reconcile conflicts and inconsistencies in the
existing requirements, as well as consolidate and streamline
regulatory processes across the state.
The rulemaking will involve amending an existing rule
62-330 of the Florida Administrative Code (F.A.C). This will
- Transferring some existing rule sections, such as the
noticed general permits currently in
Chapter 62-341, F.A.C.,
and the procedures for formal determinations in Rule
62-343.040, F.A.C., into
- Adding new sections to consolidate language from the
existing DEP and water management district ERP rule Chapters
40B-4, 40B-400, 40C-4, 40C-40, 40C-41, 40C-42, 40C-400,
40D-4, 40D-40, 40D-400, 40E-4, 40E-40, 40E-41, 40E-400,
62-341, 62-342, 62-343, and 62-346, F.A.C., including the
Applicant’s Handbooks and Basis of Review of each water
management district. Stormwater criteria will be retained
- DEP is soliciting input from the public through this
website, on both specific language proposed
rule draft, and on issues and specific suggestions for what
should be considered. DEP will work with the water
management districts to consider the suggestions and
comments for inclusion in the next draft. Updated versions
of the rule drafts will be posted to this site as soon as
they are available.
- DEP will host at least three public rule development
workshops in July and August. A tentative schedule for the
overall rule development is in the Quick Links.
Once adopted by DEP, the rule will be implemented by DEP, the
water management districts and delegated local governments
(currently Broward County DEP and the Environmental Protection
Commission of Hillsborough County) without further rulemaking by the
water management districts other than minor, conforming rulemaking.
Scope of Rulemaking
As required by Section 373.4131, F.S., the statewide ERP rule
- Be based on the existing DEP & water management district ERP
- Retain regional differences necessary to address geographic
variation in rainfall and other physical and natural
- Retaining the existing design and performance standards
for stormwater quality and quantity currently contained in
each water management district Applicant’s Handbook and
Basis of Review. It is envisioned each water management
district will retain an Applicant’s Handbook for engineered
stormwater management systems. This rulemaking will not
result in the creation of statewide stormwater quality and
- Retaining existing basin-specific rules of each water
- Synchronize permitting thresholds, permit types, fee
categories, application content and submittal, procedures and
conditions for issuance review and noticing procedures.
- Incorporate some new general permits and exemptions and will
amend some existing general permits and exemptions to address
developing technologies and to expedite review of certain types
of minor or routine projects more quickly, and at lower cost to
- Not substantively affect agriculture or silviculture
- Not substantively change the current evaluation criteria and
requirements for any other activities regulated under the ERP
- Not raise or lower environmental standards.