LAWS AND REGULATIONS
for Florida's wet places

MAIN INDEX

The Department of Environmental Protection (DEP) is designated by the Florida Legislature to be the state's lead agency for controlling invasive aquatic plants (as well as invasive terrestrial plants). This authority is carried out by the DEP's Bureau of Invasive Plant Management (BIPM), and has been since 1972.
DEP's authority for managing aquatic plants is delineated in Chapters 369.20 and 369.22, Florida Statutes. While the framework is addressed in the statutes, policies, permitting requirements and funding are addressed in Chapters 62C-20, 62C-52, 62C-54, Florida Administrative Code (here are the PDF files of these chapters of rules).

Florida's lists, laws, rules, and regulations regarding non-native plants.

Florida's aquatic plant management agencies.
Ranging from federal to municipal, each agency has differing responsibilities.

Florida Non indigenous Aquatic Plant Control Act - this statute addresses the threat of invasive aquatic plants to Florida's waters and designates responsibility for their control.

In addition, Florida statutes sections 369.20, 369.25, 369.251 require permits for any activity that involves the control, removal, collection, sale, or possession of aquatic plants for business purposes. These permits are made available by the DEP Bureau of Invasive Plant Management Field Operations Section.
Under certain circumstances, exemptions from permitting apply (Chapters 62C-20, 62C-52). Plant management on certain water bodies does not require a state permit:
  • The water body is owned by one person
  • The water body is not connected to another water body of special concern
  • The water body was artificially created and is used exclusively for agricultural purposes
  • The water body is associated with an electrical power plant and is not connected to or associated with water bodies designated as manatee aggregation sites
  • The water body is ten surface acres or less in size and is not associated with waters of special concern

    Permits are also not required for waterside owners seeking to remove non-woody vegetation and shrub species from fresh water bodies by mechanical means along 50 feet or 50% of the shoreline (whichever is less) in order to allow open water access to a boat or for swimmers, according to Florida statute 369.20(8). This exemption applies where the water bodies are not classified as Florida DEP aquatic preserves or Florida DEP Outstanding Florida Waters.

    • Canal legislation for Florida - here are state and federal laws pertaining to the construction and maintenance of canals.

    FEDERAL LEGISLATION FOR WETLAND PROTECTION
    Several federal agencies regulate the protection and management of wetlands throughout the United States.

    The U.S. Army Corps of Engineers addresses wetland issues related to watercraft navigation and water supply. The Corps also produced the Wetland Delineation Manual (PDF downloadable file) which is used by all federal agencies (and many others) for legally determining wetlands boundaries.

    The U.S. Environmental Protection Agency has authority related to protecting wetlands and their contribution to the water quality of surrounding water bodies.

    The U.S. Fish and Wildlife Service of the U.S. Department of the Interior manages fish and wildlife game species and protects threatened and endangered species within wetlands.

    The National Oceanic and Atmospheric Association manages coastal resources.

    The Natural Resource and Conservation Service of the U.S. Department of Agriculture regulates agricultural activity that may impact wetland ecosystems.

    In 1972, Congress substantially amended the Federal Water Pollution Control Act and initiated the Clean Water Act. Section 404 of the Clean Water Act is the foundation for Federal regulation of some activities that occur in or near the nation's wetlands. The regulatory plan intends to control discharge from dredge or fill materials into wetlands and other water bodies throughout the U.S. Under section 404, the Army Corps and the EPA share responsibility for implementing a permitting program for dredging and filling wetland areas. The EPA has authority to veto a permit if discharge materials will adversely affect surrounding areas.

    In 1977, President Jimmy Carter signed Executive Order 11988 Floodplain Management and Executive Order 11990 Protection of Wetlands to ensure the proper management of wetlands and floodplains. Here are both of Carter's Executive Orders. The orders direct federal agencies to consider direct and indirect adverse effects of federal activities on or near wetlands and floodplains.

    The Food Security Act of 1985 implemented "Swampbusters," a program that seeks to remove federal incentives for the agricultural conversion of wetlands by rendering farmers who have drained or converted wetlands after 1985 ineligible for most farm subsidies. Government programs affected by "Swampbusters" are listed in Section 1221 of the Food Security Act.

    The Food, Agriculture, Conservation, and Trade Act of 1990 amended "Swampbusters" and created the Wetland Reserve Program which provides financial incentives to farmers to restore and protect wetlands through the use of long-term easements.

    FLORIDA LEGISLATION FOR WETLAND PROTECTION
    Not all of Florida's wetlands are lost!
    In Florida, wetland preservation has become the focus of many conservation efforts by legislators and environmental advocates. Through research, legislation, and state land acquisition, policymakers and conservationists are now struggling to preserve and restore many of the state's precious wetland regions. By all measures, Florida has one of the most comprehensive state-mandated programs for wetland protection in the nation.

    Arguably, the most effective way to protect wetlands is for the state to purchase them. In Florida, wetlands and other ecologically important lands, as well as recreational lands, have been acquired through unique funding and purchasing programs, which were and continue to be strongly supported by the taxpayers.

    The 1980 CARL program was the first major such program in the state. Since its inception, CARL (Conservation And Recreational Lands) has acquired well over 1 million acres at a cost of nearly $2 billion. Increased efforts were mandated and more stable funding was instituted in 1990 with the Preservation 2000 program; the most recent, $3 billion, programming and funding effort is called Florida Forever.

    Here are the DEP web sites on Preservation 2000 and Florida Forever.

    Federal and state laws protecting our drinking water supply such as the Safe Drinking Water Act, the Clean Water Act, and various state rules and statutes.

    Laws and regulations for the Florida aquaculture industry. Just like any food producing industry, aquaculture needs its own set of guidelines and standards to ensure safety and quality.

    Federal and regional laws and regulations pertaining to non-native plants. Also a map with links for each state's laws and invasive plants.

    The Creators

    This page was authored by Becca Hassell
    with assistance from Tara Muncaster and Aimee Lyons.
    Data is from the APIRS database.
    This page was designed and is managed by Becca Hassell.

    Karen Brown is the editor.

    DEP review is by Jeff Schardt.

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    A collaboration of the Center for Aquatic and Invasive Plants, University of Florida, and the Invasive Plant Management Section of the Florida Fish and Wildlife Conservation Commission.

    CAIP-WEBSITE@ufl.edu
    Copyright 2006 University of Florida