Representative Aaron Bean (R-FL) is reintroducing a bill allowing states greater control over certain environmental programs through 404 permitting programs.
For additional context, Rep. Bean explained how a 2018 Florida law permitted the state Department of Environmental Protection (DEP) to start the public rulemaking process for wetland protection policy via the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters.
As a result, a state-level 404 program oversees permits for dredge or fill activities within state assumed waters, but in February 2024, this authority was stripped by a federal court order.
Rep. Bean's Maintaining Cooperative Permitting Act, therefore, protects right of Florida, Michigan, and New Jersey to maintain their 404 permitting programs and opens the door for other states to establish similar systems.
"The ability for states to take the lead in regulating their natural resources is vital, especially in the Sunshine State," the Florida Congressman said in his press release, adding, "Florida’s 404 permitting program remains essential for protecting our iconic wildlife and valued wetlands, while reducing wasteful duplication and improving responsiveness to applicants and the communities’ projects they serve."
Senator Ashley Moody (R-FL) is introducing the Senate companion bill, of which she said, "As a fifth-generation Floridian, protecting our state’s natural beauty is deeply important to me. Florida has made significant efforts to conserve its incredible natural resources."
"However, under the Biden administration, our ability to protect our environment has been hindered by federal bureaucracy and excessive red tape, and Section 404 permit applications for projects that benefit the environment, and the public, became subject to a federal backlog," Sen. Moody continued, "States should have the right to make decisions about their own natural resources, not be dictated to by Washington bureaucrats. That’s why I am introducing the Maintaining Cooperative Permitting Act — to limit Washington’s interference and protect our efforts to preserve Florida’s water."
