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Navigating Florida Environmental Regulations For Developers

Posted by Cosette Bosshardt | Jan 18, 2025 | 0 Comments

Navigating Florida Environmental Regulations For Developers

Developing land in Florida sounds like a dream to many, and with the right legal counsel it can be. However, many new developers face nightmarish circumstances espoused from neglecting the state environmental legislature regarding land development. There are several steps to take in order to be in accordance with environmental laws in Florida, but being proactive rather than reactive with Florida Environmental requirements, ensures that the steps taken will be correct. Here the most common steps developers have to take will be outlined in order to help you anticipate the legal process.

Permitting

When developing land in Florida you will need permits, however some projects may require additional permits from Florida Department of Environmental Protection or the US Army Corps of Engineers. Some common permits and requirements that that developers need to comply with in Florida are:

  • Water Discharge Permits, Air Permission Permits, Wetland Resource Permits, Coastal Construction Permits
  • Wetland and Wildlife Permitting 
  • Storm water management
  • Environmental Impacts Assessment
  • Soil and Groundwater Contamination
  • Hurricane and Flooding Risk

While having legal counsel is not strictly enforced in order to acquire these permits, legal representation is highly advisable due to the complexity and potential risks involved with Florida's permitting process. The permitting process involves compliance with federal, state, and local laws. An attorney can ensure that developers understand and comply with all of the legal requirements.

Additionally, permits often contain legal jargon that may include conditions that are burdensome or unclear. Lawyers can negotiate or clarify terms to ensure they align with developer's goals and can help mitigate developer risks as development can be delayed if all permits are not properly attained or in the case of denial, having legal counsel prepared will make the appeals process far more efficient. 

  • You may need permits from Florida Department of Environmental Protection or the US Army Corps of Engineers
    • Water Discharge Permits, Air Permission Permits, Wetland Resource Permits, Coastal Construction Permits
  • All projects are required to complete an environmental review process to determine compliance with environmental standards
  • Site Analysis
  • Failure to comply

Common Issues Developers Face

Florida's environmental regulations for real estate development are designed to protect its unique ecosystem and preserve biodiversity. Permitting issues most commonly arise when development occurs near wetlands, coastal areas, or water resources. However, this does not mean that developments outside of these areas are exempt from regulation. While regulations may be less burdensome in these cases, developers will still likely face some level of oversight.

Common Issues Include:

1. Wetland and Wildlife Permitting

    • Delays due to permitting for wetland or protecting endangered species commonly arise 

2. Storm Water Management

    • Developers need to ensure compliance with storm water runoff regulations

3. Zoning and Land Use Conflicts

    • Disputes may arise from local zoning laws or comprehensive land use plans

4. Environmental Impact Assessments

    • A complex and lengthy review process to determine development's impact on local ecosystems

5. Soil and Groundwater Contamination

    • Unexpected remediation costs for contaminated sites or compliance with cleanup regulations

6. Hurricane and Flooding Risks

    • Development may need to be adapted in compliance with floodplain regulations and resilience standards due to Florida's vulnerability to natural disasters.

There are more issues developers face that were not addressed above but by addressing these common issues, developers in Florida can minimize legal risks and project delays. 

Conclusion

Each development project is unique and will face its own array of challenges and permitting requirements, with dedicated legal advice developers can mitigate risks and delays. Bosshardt Law Group is uniquely positioned to assist developers navigating these environmental regulations due to our expertise in Title Law and collaboration with sister company Bosshardt Realty. Clients can benefit from a one-stop solution for both legal and transactional real estate needs all while getting the assurance of a dedicated legal team.

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