PROPOSED DELEGATION OF ERP RESPONSIBILITIES
TO BROWARD COUNTY
by Susan Roeder Martin
Senior Attorney, SFWMD

The South Florida Water Management District (SFWMD) is initiating rule development to delegate a portion of the SFWMD's Environmental Resource Permit (ERP) program responsibilities to Broward County. The County has an environmental permitting program that is similar to the SFWMD's Environmental Resource Permitting program. Currently, permit applications are reviewed by both the District and County staff, creating duplicative permitting efforts. Broward County, therefore, requested delegation of a small portion of the District's permitting, compliance and enforcement responsibilities. The County proposes to adopt SFWMD rules and criteria substantially as they exist for the SFWMD. 

The geographic scope of the proposed delegation is small. The delegation will not include special taxing districts, independent drainage districts, water control districts or community development districts, over which Broward County does not have regulatory authority. These areas encompass most of the currently undeveloped lands in western Broward County. With respect to sovereign submerged lands, the proprietary responsibility delegated to the SFWMD to act on behalf of the Board of Trustees of the Internal Improvement Trust Fund cannot be further delegated. Consequently, activities such as docks, seawalls and marinas located below the mean or ordinary high water lines are not included in the proposed delegation. The Water Preserve and Water Conservation Areas are also not included in the delegation. 

The proposed delegation is intended to result in "one-stop permitting" for delegated activities. Applicants will apply for and receive one permit from Broward County that will satisfy both County and the SFWMD permitting requirements. 

The SFWMD will maintain an oversight role of County activities. Any application could be transferred for SFWMD review at the SFWMD's discretion. 

The Florida Department of Environmental Protection (DEP) is also a party to the proposed delegation agreement and proposes to delegate a small portion of its responsibilities to the County. Rule development has already been initiated by DEP.