Briggs Environmental Lab
(954) 540-0792

Federal wetland boundaries are delineated in accordance with the Clean Water Act and other federal statutes and with the U.S. Army Corps of Engineers 1987 wetland delineation manual and Regional Supplements to the manual.  Wetland boundaries in the State of Florida and its political subdivisions are delineated wetland under the provisions of chapter 62-340, F.A.C., as ratified by the Florida Legislature in sections 373.421 and .4211, F.S.  In addition, there are other interagency regulatory processes to consider.  We will address the current interagency agreement, outlining the rules and requirements that must be met.  

 

As a practical matter, for most projects, use of the federal and state methods results in similar wetland boundaries. However, as an example, the federal plant list shows slash pine and gallberry as wetland indicator plants while the state plant list shows these two plants as upland indicators.  Biologically, they should be "neutral" (e.g., not indicate wetlands or uplands). In addition, the state methodology relies on the US Natural Resources Conservation Service soils manual for indicators of hydric soils, while the federal methodology does not in certain circumstances (e.g., the use of "high organics" in the surface horizon to indicate wetlands). As a result, a strict application of the federal methodology delineates the wetland boundary "higher" in some pine flatwoods and improved pasture than does the state methodology.

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In addition, federal jurisdiction under the Clean Water Act is limited to "waters of the United States".  Which waters constitute "waters of the United States" was the subject of a U.S. Supreme Court decision commonly referred to as the SWANCC (Solid Waste of Northern Cook County) decision. This decision, as currently interpreted (subject to a pending Federal rule-making initiative), results in a lack of federal jurisdiction over certain isolated wetlands. State jurisdiction in peninsular Florida under the Part IV, Ch. 373, F.S., Environmental Resource Permit program extends from property line to property line of the project area. However, within the project area only those areas that are delineated as wetlands (including all isolated wetlands) under the State methodology are subject to the environmental provisions of s. 373.414, F.S.  The remainder of the project area is considered uplands and subject only to the "stormwater" quality and quantity provisions of the ERP program.

 

In summary, both Florida and the federal government have methods to delineate the boundaries of areas considered wetlands, although there are differences in the methods that may produce different wetland boundaries in some situations. However, not all areas that are delineated as wetlands are subject state and federal jurisdiction as noted above. Further, within those areas that are subject to state or federal jurisdiction, certain activities are not regulated due to a variety of statutory and rule exemptions from regulation.

This 4-day FDEP course is designed to enable Florida wetland delineators to determine the correct approach to delineating wetland areas in the state. We will address both federal and state methodology, stressing methodology required for a clear assessment of wetlands and waters under state requirements.  We will also discuss the spectrum of regulatory requirements and actions for given projects, from exemptions to major joint individual permits.

 

​A Certificate of Training showing completion of 36 Professional Development Hours is awarded for successful completion of this course.  Successful completion is determined by attendance and participation in all lecture, field, and laboratory sessions.