Florida Statutes
Fla. Stat. § 403.812 (2025)
Dredge and fill permitting in stormwater management systems.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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403.812 Dredge and fill permitting in stormwater management systems.—The department shall not require dredge and fill permits for stormwater management systems where such systems are located landward of the point of connection to waters of the state and are designed, constructed, operated, and maintained for stormwater treatment, flood attenuation, or irrigation. The waters within such systems, unless designed, constructed, operated, and maintained for in-water recreational uses, such as swimming and boating, shall not be considered waters of the state; however, if the system provides other incidental uses and is accessible to the public, then the department may require reasonable assurance that water quality within the system will not adversely impact public health, fish and wildlife in adjacent waters, or adjacent waters. The department shall not require dredge and fill permits for structures designed solely to connect stormwater management systems to waters of the state provided that the connection of such system to waters of the state is regulated pursuant to chapter 373. The department shall initiate rulemaking to implement the provisions of this section.
Notes of Decisions
Cited in 3
cases, 1986–1988 · leading case: Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST., 534 So. 2d 419 (Fla. 5th DCA 1988).
Booker Creek Pres., Inc. v. SW FLA. WATER MGT. DIST., 534 So. 2d 419 (Fla. 5th DCA 1988). “This subsection shall not be construed to eliminate the necessity to meet generally accepted engineering practices for construction, operation, and maintenance of dams, dikes, or levees.”
Florida Wildlife Fed'n, Inc. v. Admiral Corp., 23 Fla. Supp. 2d 200 (Fla. Div. Admin. Hr'g 1986). “Furthermore, pursuant to Section 403.812, Florida Statutes, the District has received a delegation of the powers and duties of the Department of Environmental Regulation pertaining to the administration of Chapter 17-25, Florida Administrative Code, “Regulation of Stormwater…”
Florida Wildlife Fed'n, Inc. v. Admiral Corp., 28 Fla. Supp. 2d 141 (Fla. Div. Admin. Hr'g 1986). “Furthermore, pursu *143 ant to Section 403.812, Florida Statutes, the District has received a delegation of the powers and duties of the Department of Environmental Regulation pertaining to the administration of Chapter 17-25, Florida Administrative Code, “Regulation of…”
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