Question 1

What is a jurisdictional wetland in Florida?

Accepted Answer

A jurisdictional wetland is an area that meets the regulatory definition of a wetland under federal or state law and is subject to government permitting requirements. In Florida, wetlands are regulated at two levels: federal (the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act) and state (the Florida Department of Environmental Protection and the five water management districts under Part IV of Chapter 373, Florida Statutes). Florida’s definition of wetlands includes areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions. Florida has more jurisdictional wetlands than any state except Alaska.

Question 2

How do jurisdictional wetlands affect Florida real estate development?

Accepted Answer

Jurisdictional wetlands significantly impact development: no development activity (filling, dredging, grading, building) can occur in jurisdictional wetlands without a permit, permits require the applicant to demonstrate avoidance (the project cannot be reasonably located elsewhere), minimization (the project design minimizes wetland impacts), and mitigation (remaining impacts are offset through wetland creation, restoration, or preservation). Wetland delineation (determining the boundary between wetlands and uplands) must be performed by a qualified environmental consultant. The delineation is verified by the regulatory agency. Wetland boundaries directly affect the buildable area of a site and can significantly reduce development potential.

Question 3

What is wetland mitigation in Florida?

Accepted Answer

Wetland mitigation is the process of compensating for unavoidable wetland impacts. Florida offers several mitigation options: mitigation banking (purchasing credits from an approved mitigation bank that has created or restored wetlands elsewhere; this is the preferred option in Florida), permittee-responsible mitigation (the developer creates, restores, or enhances wetlands on-site or at a nearby location), payment to the Florida program for water management district mitigation (in-lieu fee programs), and conservation of existing wetlands through conservation easements. The mitigation must be of equivalent ecological value: typically a ratio of 2:1 or higher (two acres of mitigation for every one acre impacted). The specific ratio depends on the type and quality of the impacted wetland.

Jurisdictional Wetland

Jurisdictional Wetlands in Florida

Regulatory Framework

Development Impact

Mitigation Options

Related Terms

Barnes Walker Land Use

Ready to Get Started?