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Florida wetlands are regulated by:

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Question & Answer

Review the question and all answer choices

A

Only federal EPA

The federal EPA alone does not regulate Florida wetlands β€” while the EPA has veto authority over Corps permits under Clean Water Act Section 404(c), the primary federal permitting authority rests with the Army Corps of Engineers, and state-level DEP regulation is an entirely separate, mandatory layer of oversight.

B

Only local governments

Local governments in Florida have limited authority over wetland regulation and cannot substitute for the federal Corps of Engineers or state DEP oversight; local zoning may restrict wetland development, but it does not replace the comprehensive permitting requirements of the state and federal agencies.

C

Both federal (Corps of Engineers) and state (DEP)

Correct Answer
D

No regulation

Wetlands in Florida are among the most heavily regulated land types in the country precisely because of their ecological and economic importance to the state's water supply, flood protection, and biodiversity β€” the idea of no regulation is entirely contrary to both state and federal law.

Why is this correct?

Under Section 404 of the federal Clean Water Act (33 U.S.C. Β§ 1344), the U.S. Army Corps of Engineers has jurisdiction over dredge-and-fill activities in waters of the United States, including wetlands. Simultaneously, Florida's Environmental Resource Permit (ERP) program, administered by the DEP and five Water Management Districts under Chapter 373 of the Florida Statutes, independently regulates impacts to state waters and wetlands. Any developer seeking to alter Florida wetlands must obtain permits from both agencies, making answer C the only accurate description of the regulatory reality.

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