Environmental Resource Permitting

The Environmental Resource Permitting (ERP) Program regulates activities involving the alteration of surface water flows. This includes new activities in uplands that generate stormwater runoff from that construction, as well as dredging and filling in wetlands and other surface waters. ERP applications are processed pursuant to Part IV of Chapter 373, F.S.

Once an ERP application is received, the department has up to 30 days to determine if the application is complete, or to issue a Request for Additional Information (RAI) if more information is needed. When the application is deemed complete, the department has 60 days to either issue a permit (or a Notice of Intent to Issue) if the activity meets the ERP permitting criteria, or issue a Notice of Denial (or Notice of Intent to Deny) if the activity does not.

As part of the application review process, the department sends copies of ERP applications to potentially interested governmental agencies for review and comment. The department evaluates a permit application based on Florida statutes and rules to ensure that all aspects of the proposed activity follow Florida law and are protective of the environment and human health and safety. The department does not issue any permit that does not comply with Florida law.

Currently Under Review

An ERP application was received by the department on July 9, 2015, from Kanter Real Estate, LLC, for activities related to the construction of an oil well pad and a 5.8 acre stormwater management system to serve a proposed oil well facility and associated works in Broward County. This project would entail the wetland fill of 6.83 acres.

The application can be viewed here.

The department issued a Request for Additional Information on Aug. 7, 2015.

As part of its initial completeness review process, the department sent copies of the Kanter ERP application to The U.S. Army Corps of Engineers, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the Department of State’s Division of Historical Resources, the Department of Economic Opportunity and Broward County.

A copy of the RAI and comments submitted from these agencies is available here.

The applicant submitted a response to the RAI from the department on Nov. 3. 2015.

Additional documents associated with the Environmental Resource Permit application are available here.

Public Comment

Public comment on the permit will also be considered and is welcomed at any time during this process up until the department takes final agency action.

Public comment can be submitted at: SED_ERP_comments@dep.state.fl.us, or mailed to:

Florida Department of Environmental Protection, ERP Program, Southeast District, 3301 Gun Club Road, MSC7210-1, West Palm Beach, FL 33406

Public comments will be compiled, and made available monthly on this page.

  • No comments received in July.
  • August comments can be found here.
  • September comments can be found here.
  • October comments can be found here.

Related Oil and Gas Permitting

An application was received by the department on July 8, 2015, from Kanter Real Estate, LLC to drill an exploratory oil and gas well in Broward County.

Information on the oil and gas permitting process and the Kanter exploratory well application is available here.


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