H.R. 9017: Will Florida Get Section 404 Back?
The Answer May Surprise You
Since the federal court decision in 2024, many Floridians have assumed wetland permitting returned entirely to the federal government.
It did not.
Florida continues to regulate wetlands and surface waters under its longstanding Environmental Resource Permitting (ERP) program using the Florida Wetlands Delineation Manual and the methodology developed by Dr. John Tobe, Katherine Gilbert, and their colleagues.
What changed in 2024 was not Florida's authority to identify and regulate wetlands.
What changed was who administers the federal Clean Water Act Section 404 dredge-and-fill permit.
Congressman Byron Donalds' Restore Florida Water Independence Act of 2026 (H.R. 9017) seeks to restore that authority to the State of Florida by addressing the legal issue that led a federal court to vacate EPA's approval of Florida's Section 404 assumption program. [donalds.house.gov], [congress.wiki]
Florida's Wetland Program Never Went Away
For decades, Florida has relied upon the wetland delineation methodology developed by Dr. John Tobe, Katherine Gilbert, and their colleagues in the Florida Wetlands Delineation Manual. That science-based framework remains the foundation of wetland regulation throughout Florida and is recognized by environmental professionals, state agencies, water management districts, and federal regulators.
Florida's ability to identify and regulate wetlands did not disappear with the 2024 court decision. The State's Environmental Resource Permitting program remains fully intact.
This distinction is important because many property owners assume the court decision somehow eliminated Florida's wetland regulatory authority.
It did not.
Florida continues to regulate wetlands and surface waters under state law. Landowners, developers, municipalities, utility providers, schools, transportation agencies, and environmental restoration projects continue to navigate Florida's ERP process every day. [floridadep.gov], [floridadep.gov]
What Florida lost was administration of a federal permit program.
A Brief History of Section 404 Assumption
In December 2020, Florida became only the third state in the nation to assume administration of the federal Clean Water Act Section 404 dredge-and-fill permitting program. The move was viewed by many as a significant step toward streamlining environmental permitting while maintaining federal oversight and environmental conservation objectives. [floridadep.gov], [floridadep.gov]
Under the program, the Florida Department of Environmental Protection administered both state and applicable federal wetland permitting requirements through a coordinated review process. According to DEP, thousands of applications were processed involving projects ranging from environmental restoration and hurricane recovery efforts to transportation improvements, schools, military installations, housing developments, and utility infrastructure. [floridadep.gov], [floridadep.gov]
Then came February 15, 2024.
A federal court vacated EPA's approval of Florida's assumption program, effectively returning administration of Section 404 permitting to the U.S. Army Corps of Engineers. DEP immediately paused activity within the State 404 Program pending appeal and further court action. [floridadep.gov], [donalds.house.gov]
What H.R. 9017 Would Do
The Restore Florida Water Independence Act of 2026 seeks to restore Florida's authority to administer Section 404 permits by addressing the legal issues identified by the court.
According to information released by Byron Donalds' office, the legislation would effectively codify the biological opinion associated with Florida's original assumption package and deem compliance with that opinion sufficient for purposes of Endangered Species Act consultation related to EPA's approval of Florida's program. [donalds.house.gov], [congress.wiki]
In practical terms, the legislation is intended to remove the legal obstacle that led to Florida losing administration of the Section 404 program.
Supporters argue Florida demonstrated it could efficiently administer the program while maintaining conservation standards and federal coordination. [donalds.house.gov], [floridadep.gov]
The Cost of Time
Supporters of H.R. 9017 frequently point to one issue: permitting efficiency.
When Florida administered the Section 404 program, applicants benefited from a coordinated review process managed by professionals familiar with Florida's regulatory framework, wetlands, and surface waters. [floridadep.gov], [floridadep.gov]
The conversation is not about conservation versus development. Florida's ERP program continues to conserve wetlands and surface waters through decades of established science, regulation, and agency oversight.
The conversation is about time.
Every week a permit decision is delayed can affect project schedules, survey work, engineering, financing, construction contracts, property transactions, restoration timelines, and public infrastructure improvements.
At WEL, one current project has been awaiting an Approved Jurisdictional Determination for more than three months. During Florida's administration of the Section 404 program, applicants often received agency determinations within review periods measured in weeks rather than months.
For property owners, local governments, consultants, environmental professionals, and investors, time has value.
Why It Matters
Whether one supports the legislation or not, permitting certainty remains important for everyone involved in environmental projects.
Following the court decision, concerns emerged regarding permitting workloads, review timelines, application transfers, and project delays. Members of Florida's congressional delegation expressed concern that the transition created uncertainty for projects throughout the state. [donalds.house.gov], [lifeinnaples.net]
Projects potentially affected include:
Roadway and transportation improvements
Stormwater infrastructure projects
Utility expansions
Environmental restoration initiatives
Educational facilities
Affordable housing developments
Wetland mitigation projects
Public infrastructure improvements
For many applicants, the question is less about politics and more about predictability.
Conservation and permitting efficiency are not mutually exclusive objectives.
Both matter.
A Florida Perspective
Florida's environmental resources are unique.
From the Everglades to coastal wetlands, freshwater marshes, mangrove systems, and interconnected surface waters, the State possesses ecological characteristics unlike those found elsewhere in the country.
For decades, Florida has administered its own wetland regulatory framework through science-based standards, agency expertise, and established permitting programs. The State's delineation methodology, ERP program, mitigation requirements, and environmental review processes continue to function regardless of who administers the federal Section 404 permit. [floridadep.gov], [floridadep.gov]
The debate surrounding H.R. 9017 ultimately centers on a straightforward question:
Should Florida once again administer the federal dredge-and-fill program affecting Florida's wetlands and surface waters, or should that authority remain with federal agencies?
Congress will ultimately decide.
What WEL Is Watching
At Wetland Extent Landward, conservation and practical permitting solutions have always gone hand in hand.
Conserving Florida's wetlands requires sound science, regulatory consistency, and a permitting process that is understandable, predictable, and efficient.
H.R. 9017 is worth watching because it may determine whether Section 404 permitting authority returns to Florida for the first time since the 2024 court decision. [donalds.house.gov], [congress.wiki]
What is certain is this:
Florida's wetlands never disappeared.
Florida's ERP program never disappeared.
Florida's wetland delineation methodology developed by Dr. John Tobe, Katherine Gilbert, and their colleagues never disappeared.
What changed was administrative authority over the federal Section 404 program.
H.R. 9017 asks whether that authority should once again return to the State of Florida. [donalds.house.gov], [congress.wiki]
For landowners, local governments, infrastructure projects, environmental restoration efforts, and Florida's consulting community, the answer may ultimately be measured not only in regulatory process, but in time.
And in nearly every project, time has value.
Works Cited
Donalds Introduces the Restore Florida Water Independence Act. Office of Byron Donalds, May 27, 2026. [donalds.house.gov]
Restore Florida Water Independence Act of 2026 (H.R. 9017). Introduced May 22, 2026. [congress.wiki]
State 404 Program. Florida Department of Environmental Protection. Updated July 16, 2024. [floridadep.gov]
Section 404 Permitting Support Letter. Florida Congressional Delegation and Florida Department of Environmental Protection. March 22, 2024. [floridadep.gov]
Donalds Leads Florida House Republican Delegation In Demanding Answers Regarding Water Permitting In The Sunshine State. September 24, 2024. [donalds.house.gov]
From the Desk of Representative Byron Donalds. Life in Naples Magazine. November 30, 2024. [lifeinnaples.net]