Dredging Permits in Florida: What Waterfront Owners Need to Know

Dredging in Florida tidal waters requires permits from state and federal agencies. Here is the plain-language picture of the permit layers, the exemptions that can apply, and who issues what.

Why permits are part of every dredging project

Dredging moves sediment in waters that are regulated at the local, state, and federal level. Permits exist to protect navigation, water quality, and habitat, and unpermitted dredging is a violation of Florida law with serious penalties.

Understanding the layers before you start keeps the project legal and on schedule. This article explains the state and federal permits, the exemptions that can apply, and the local rules that sit on top.

The state permit: Environmental Resource Permit

In Florida, dredging and filling in surface waters is regulated under Chapter 403 of the Florida Statutes and Chapter 62-330 of the Florida Administrative Code. The Florida Department of Environmental Protection (FDEP) and the water management districts, including the South Florida Water Management District, administer Environmental Resource Permits (ERPs).

Most residential dredging projects need an ERP, either an individual permit or a general permit. The application covers the scope of the work, the disposal of dredged material, and how the project affects the waterway.

Florida DEP: ERP dredging and filling

Exemptions that can apply

Florida law lists exemptions that can remove the need for a full permit. Section 403.813 of the Florida Statutes includes a private non-commercial dock of up to 1,000 square feet of over-water area outside Outstanding Florida Waters (500 square feet inside them), installation or repair of mooring pilings at a private dock, and maintenance dredging of an existing manmade canal or channel back to its original design specifications within a recorded drainage right-of-way or easement.

Exemptions are specific, and the conditions matter. It is worth confirming with the agency or a licensed professional whether an exemption applies to your exact situation before relying on it.

The federal picture: the State 404 Program and the Corps

Since December 2020, Florida runs the State 404 Program, so FDEP, not the U.S. Army Corps of Engineers, issues most Section 404 permits for dredged or fill material in Florida waters.

The Corps still has a role. A Department of the Army permit can be required for work in navigable waters under Section 10 of the Rivers and Harbors Act of 1899, and the Corps' Nationwide Permit 3 covers maintenance dredging of existing basins and canals when conditions are met.

Local permits and the contractor's license

Cities and counties add their own layer. Local building departments may require permits for the dock, seawall, or lift work that goes with a dredging project, and Broward County's seawall elevation standards apply to new walls and major repairs.

The person doing the work should hold a Florida Certified Marine Contractor license, regulated by the Department of Business and Professional Regulation. A contractor who handles the permitting as part of the job takes that burden off the owner.

Sea level rise context

Sea level rise projections shape these rules. The Southeast Florida Regional Climate Change Compact's unified projection, the guidance used by Broward and Palm Beach counties, projects 10 to 17 inches of rise by 2040 and 21 to 54 inches by 2070 above 2000 levels.

That is why Broward's standards call for seawalls at 4 feet NAVD88 by 2035 and 5 feet by 2050, and why Fort Lauderdale's ordinance already requires 5 feet for new and substantially improved walls. Projects planned today should account for the standards that will apply.

Getting help with your project

A qualified waterfront contractor handles the permits as part of the job, uses purpose-built equipment sized for residential docks and slips, and hauls away all dredged material.

To request free resources about dredging, call (561) 299-1323 or email slselleck@gmail.com, or use the site contact form to tell us about your dock, slip, or waterway.

This content was created with AI assistance and reviewed for fair housing compliance.

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