Environmental Permitting
ECS has an in-depth understanding of the regulatory and permitting processes with all local, state, and federal agencies. We work with our clients and their engineers to build the best design possible to minimize environmental impacts while maximizing land use in a way that benefits both our client and the Florida eco-system. We have spent the last 20 years working hard to build and maintain relationships with these agencies to ensure that your permits are approved and issued as quickly as possible.
Environmental Permitting Services We Provide Include The Following:
Army Corps of Engineers (ACOE) Permitting
The ACOE regulates wetlands under 33 CFR, Parts 320-330. Identification of wetlands is conducted utilizing the Corps of Engineers Wetland Delineation Manual (1987) which takes into account multiple parameters including vegetation indicator species, hydric soils, and hydrology. If the onsite wetland is determined to be isolated, the ACOE can determine that the wetland is non-jurisdictional. The ACOE only regulates wetlands in certain tidal waters and other specified waters currently related to the transport of interstate or foreign commerce.
Environmental Resource Permitting (ERP) - Water Management Districts, FDEP
An ERP is required for development/construction activites to prevent adverse flooding, manage surface water, protect Florida's water quality from stormwater pollution, and protect wetlands and other surface waters.
Florida Fish and Wildlife Conservation Commission (FWC) Permitting
FWC is a constitutional agency, that has authority to regulate and manage species at a State level as State-designated Threatened and Species of Special Consern. FWC regulates and issues permits for all scientific collecting permits, gopher tortoise relocation permits, gopher toroise recipient site permits, and incidental take permits for the Florida burrowing owl and other state listed birds take permits.
Local (County/City Government) Permitting
City and County Environmental Protection/Permitting Divisions (EPD) are responsible for the administration and enforcement of the county's environmental ordinances (i.e., trees, wetlands, gopher tortoises, and Class II Overlay). Parcels that contain wetlands may require a Conservation Area Determination (CAD) by local EPD prior to development. This process will determine the boundaries of the onsite wetlands. A Conservation Area Impact (CAI) permit is required prior to any proposed wetland impacts. Depending on the wetland system being impacted, some of these permits require approval by local County Commissioners.
Federal Section 404 Program
Clean Water Act (CWA) requires a permit before dredged or fill material may be discharged into waters of the United States. Chapter 62-331, F.A.C., “State 404 Program,” was created to bring in the requirements of federal law not already addressed by the existing Environmental Resource Permitting (ERP) program. Minor changes were also made to the ERP rules in Chapter 62-330, F.A.C., to facilitate assumption. Per the approval of the Environmental Protection Agency on December 17, 2020, the State of Florida will assume Section 404 of the CWA, formerly the responsibility of the ACOE. This is now the responsibility of the Florida Department of Environmental Protection
US Fish and Wildlife Service (USFWS) Permitting
USFWS is the priniciple Federal agency charged with enforcing Federal wildlife laws and protecting endangered species. USFWS issues permits under various wildlife laws and treaties, such as the Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA), that enable the public to perform legitimate activities that would otherwise be prohibited by law.
Lakeshore/Dock Permitting
The Florida Department of Environmental Protection (FDEP) regulates the construction of docks in order to protect habitat and water quality associated with the State’s surface waterbodies. Such construction is also regulated in an effort to manage the use of state-owned submerged lands. Therefore, prior to construction, generally a permit will need to be obtained from the DEP for the construction of a dock and the use of sovereign lands. Some docks may be exempt from permitting requirements where, due to their size and location, the docks can be expected to have minimal environmental impacts. Permits for the construction of single family docks may also be required by the U.S. Army Corps of Engineers and the county or municipalities.
Gopher Tortoise Recipient Site Permitting
Gopher Tortoise Recipient Sites are privately/publicly owned permitted lands of 25 acres or more for the use by gopher tortoises needing relocation out of harm’s way from development. FWC is the principle State agency with permitting, regulating, and protecting gopher tortoise relocations.