CANAL LEGISLATION
FOR FLORIDA

This is a supplement to the Canals page of this web site.

TODAY, DREDGE AND FILL ACTIVITY IS REGULATED IN FLORIDA through a series of federal and state laws:

State:

Federal:
National Environmental Policy Act (1969) (link) brought

EARLY LEGISLATION
Swamp and Overflowed Lands Act (1850) transferred all land "unfit for cultivation due to its swampy and overflowed condition" to the state. 1905 creation of the board of drainage commissions were empowered to construct a drainage system.

General Drainage Act 1913 authorized adjoining landlords to 'reclaim' land by establishing drainage districts.

Flood Control Act 1948 (need more laws from Becca)

The Federal Water Resources Act (P.L. 101-640) requires the U.S. Army Corps of Engineers to consider environmental protection a primary mission and encourages the protection of wetlands.

The Florida Water Resources Act designates water management districts to operate water control facilities and to prevent damages from floods, soil erosion and excessive drainage.
Section 373.103 emphasizes flood control, reclamation, conservation as well as the planning construction operation and maintenance of works.
Section 373.139 addresses acquisition of public lands for flood control
Section 373.416 designates permits for maintenance or operation of stormwater management systems.

The Water Resources Implementation Rule, chapter 62-40 encourages non-structural solutions to water resource problems and emphasizes the management of floodplains and natural flood control systems.

The Florida Water Plan (1995) is the FLDEP's state water plan, section 373.036 identifies strategies that foster non structural means of achieving flood protection and improve flood-related emergency preparedness

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