Florida's Wetland Program Didn't Begin in 2020

Perspective from a Former DACS Wetland Restoration Specialist

The recent litigation involving Florida's assumed Clean Water Act (CWA) §404 program has renewed debate regarding wetland permitting and environmental stewardship in Florida. One important fact is often overlooked:

Florida's wetland program did not begin in 2020.

From 1998 through 2003, I served as the Wetland Restoration Specialist for the Florida Department of Agriculture and Consumer Services (DACS), Division of Forestry, now the Florida Forest Service. I was responsible for implementing the DACS Wetland Restoration Program on more than one million acres of State-owned lands managed by the Florida Board of Trustees. My work involved wetland restoration, interagency coordination, permitting, and resource stewardship.

During that period, Florida was already utilizing the wetland delineation methodology developed by Dr. John D. Tobe under the direction of Katherine M. Gilbert. This science-based methodology became the standard for wetland identification throughout Florida and remains the foundation of the State's delineation program today.

I also worked directly with Dr. Tobe through a State Government cooperative initiative facilitating wetland delineation workshops at the Withlacoochee State Forest, helping train environmental professionals in the consistent application of Florida's wetland criteria.

By the time Florida formally assumed portions of the federal §404 program in January 2020, the State had already accumulated decades of scientific, regulatory, and administrative experience. Delegation did not create Florida's wetland program. It recognized a program that had been functioning for years.

Why This Matters

In my professional opinion, the most significant consequence of losing assumed §404 authority is not political. It is economic.

Environmental stewardship and regulatory certainty are not mutually exclusive objectives.

Every week a project remains under review increases uncertainty. Uncertainty increases costs.

Whether the applicant is a private landowner, local government, school district, utility provider, conservation organization, or developer, prolonged review periods increase carrying costs, consultant fees, financing exposure, scheduling conflicts, and overall project risk.

Those costs ultimately find their way into housing, infrastructure, utilities, public facilities, restoration projects, and economic development.

The current debate should not be about whether Florida's wetlands deserve responsible stewardship.

They do.

The debate should focus on how stewardship is delivered through a permitting system that is scientifically defensible, predictable, and timely.

From my perspective, the most successful environmental programs achieve both. They protect natural resources while providing applicants with clear expectations and reasonable timelines.

Florida's wetland program was built through decades of science, field experience, restoration work, and cooperative resource management. As the courts determine the future of §404 delegation, those lessons should not be forgotten.

Environmental stewardship and regulatory certainty should work together, not compete with one another.