The Florida Department of Environmental Protection (FDEP) has attempted to assume regulatory authority of Section 404 of the Clean Water Act (CWA) from the Environmental Protection Agency (EPA): the section which requires permits for any discharge of dredge and fill materials into Waters of the U.S., including rivers, canals, and wetlands. To assume authority of the Section 404 program, a state must provide the EPA with a number of statements, memos, and an approval request before submitting to a review period. During this process, the FDEP requested EPA consultation as to Endangered Species Act (ESA) Section 7, claiming its CWA Section 404 assumption required such a consultation. But the EPA doesn’t think so.
Wetlands in Boynton Beach, FL (Source: The Mitigation Banking Group, Inc.)