Florida compliance guide

A wetland concern needs a clear next step.

A letter from an agency, unexplained fill, or clearing near a wetland can raise urgent questions. Start with the facts: what happened, where, when, and what authorization exists. An agency determines whether a violation occurred; an inventory map or a neighbor’s concern does not settle that question.

By Wetland Agent · Updated

If you received an agency notice

  1. Read and preserve the full notice. Record the agency, case or permit number, contact person, requested action and response deadline. Keep the envelope, attachments and earlier correspondence.
  2. Pause additional disturbance in the affected area. Coordinate the next step with the agency before doing more clearing, grading, filling or corrective earthwork.
  3. Collect the site history. Gather surveys, approved plans, permit conditions, dated photographs, contractor records and earlier environmental reports. Separate documented facts from assumptions.
  4. Arrange a field review. Ask an environmental professional to document present conditions and compare them with earlier records and authorized work.
  5. Coordinate the response. Confirm the agency’s requested information and deadlines. If the notice involves liability, penalties or a disputed order, include an attorney experienced in environmental matters.

These are preparation steps. Follow the actual notice and agency direction for your case.

Common issues to investigate

Clearing, grading or fill

Compare the disturbed area with permits, approved plans and the field boundary. Activity near mapped wetlands needs a closer look.

Permit conditions

Check the authorized footprint, protective measures and any monitoring or reporting conditions against the work performed.

Changes to water movement

Record new ditches, berms, crossings or drainage changes and ask the reviewer whether they fall within existing authorization.

DEP’s ERP guidance is a starting point for identifying state review requirements. The applicable rules and authorizations depend on the activity and location.

Build a useful record

Document only from places you can lawfully access. Keep original files and label observations clearly. A consultant’s report can support review; it does not replace an agency determination.

Where to take a suspected violation

Florida DEP and district reviewers

Find the DEP office serving the property and ask which agency handles the activity. If a water management district issued the permit, start with its compliance contact.

Find your DEP district →

Federal unauthorized activity

USACE provides a reporting route for suspected unauthorized activity or permit non-compliance through its Regulatory Request System.

Open USACE reporting →

Check the resource library for water management district links, and contact the county or city for local environmental requirements. Wetland Agent is a consulting resource; submit an official report directly to the responsible agency.

Questions owners often ask

Should I remove the fill myself?

Coordinate corrective work with the agency before moving material or changing drainage. Bring the proposed work and site documentation to the discussion.

What if the work happened before I bought the property?

Preserve purchase records, prior permits and the notice. Ask the agency and your attorney how the history affects your case; ownership history alone does not settle the response.

Can the issue be resolved with a permit or restoration?

Ask the agency which options it will consider. Do not assume that an after-the-fact application or restoration plan will be accepted. Scope the field documentation and agency coordination around the actual notice.

Start with the notice and the property location.

Bring correspondence, photos and available permits so we can scope the environmental documentation and coordination you need.

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