Florida's Section 404 Program: Status and What the Federal Court Halt Means for Permitting

Florida's Section 404 Program — the state's assumption of the federal dredge-and-fill permitting program under the Clean Water Act — was halted by a federal court order on February 15, 2024, pausing all activity under the program. According to the Florida Department of Environmental Protection (floridadep.gov), the program had "demonstrated record of environmental and economic success" before the halt, and DEP describes it as "one of the nation's most efficient and protective permitting programs." If you have a pending or planned dredge-and-fill project in Florida, the practical consequence is that state-issued Section 404 permits are no longer being processed under this program, and you should confirm the current permitting authority before proceeding.

What the Section 404 Program Is

Section 404 of the Clean Water Act regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Historically, the U.S. Army Corps of Engineers administered this permitting. Florida sought and received approval to assume (take over) the program for certain waters within the state — making Florida one of the few states to run its own Section 404 permitting.

Under state assumption, DEP became the permitting authority for covered dredge-and-fill activities, issuing permits and enforcing compliance in place of the Corps for those waters.

What Changed on February 15, 2024

A federal court order halted Florida's Section 404 Program on February 15, 2024. Per DEP's own description, the order "paus[ed] all activity despite its demonstrated record of environmental and economic success."

Key points as stated by DEP:

What It Means for Permitting

The halt does not eliminate Section 404 permitting requirements — it changes who processes them. Because the state program is paused, dredge-and-fill authorization for affected waters generally reverts to the federal framework (the U.S. Army Corps of Engineers), which is how such permits were handled before Florida's assumption.

Practical implications:

• Pending state Section 404 applications: expect them not to move forward under the state program while the pause is in effect.
• New projects involving dredge or fill in jurisdictional waters: determine the correct federal district and contact the Corps early, since timelines and review processes differ from the state program.
• Previously issued state permits: confirm their standing with DEP or legal counsel, as the court order's scope governs what remains valid.
• Project planning: build additional lead time into schedules, because the authority shift can affect review sequence and coordination.

How to Verify Current Status

Because this is a legal and regulatory matter that can change, confirm the latest position directly rather than relying on any single summary:

1. Go to floridadep.gov and locate the Section 404 Program page (linked from the homepage feature "Florida's Section 404 Program").
2. Read DEP's current statement on the program's status.
3. For a specific project, contact DEP's water resources permitting staff and the relevant U.S. Army Corps of Engineers district to confirm which authority applies to your waters.
4. Consult an environmental attorney or permitting consultant for projects with significant timelines or investments.

The Takeaway

Florida's Section 404 Program is paused as of February 15, 2024, by federal court order — so state-run dredge-and-fill permitting under this program is not currently available. Permitting responsibility for affected waters falls back to the federal process. The single most useful action is to verify the current authority for your specific project with DEP and the Corps before assuming any timeline or pathway.