WGI Whitepaper Download the Whitepaper
Do you still need a wetland permit?

Wetlands in Balance

When the Permit Goes Away, the Water Doesn't

When the EPA and the Corps propose a new federal definition of wetlands, WGI's environmental team hears about it from clients within days. The question is almost always the same. Does this change what I have to do on my site? In Florida, usually not much.

This whitepaper walks through what still applies, what the wetland was doing for the site, and how owners make decisions that hold up through the next rule change and the next heavy rain.

Rick Harman, PWS, CEP
Director of Environmental, WGI
Mike Mills, PE
VP, Water Resources, WGI
Wetlands in Balance whitepaper cover
Free whitepaper
Get your copy of Wetlands in Balance
Timely Comments on the September 2026 WOTUS supplemental proposal closed October 9. A final rule could issue at any point.

The regulatory line keeps moving. The water does not.

For a growing number of sites, the answer to "Do I still need a federal wetland permit?" is no. An owner who stops there has answered one question out of several. The wetland on the ground has not changed, only its federal status.

01

Delineation is not jurisdiction

One wetland line on the property, two separate questions. Where the wetland is has barely changed. Who regulates it is what the headlines are about.

02

Florida regulates every delineated wetland

Connected or not. A 2,000-acre citrus grove with no federal jurisdiction still needed state permits for several hundred acres of wetlands and surface waters.

03

Wetlands are not necessarily wet lands

Owners describe a site as high and dry, and a delineation finds wetlands across much of it. Many hold no surface water for months.

04

Rate, not volume

Attenuation rules match peak discharge rates, not total runoff. A project can satisfy every rule and still sit in a basin carrying more water than it used to.

Homes along a wetland edge
Freshwater marsh and open water
Water lily
What the wetland was doing for the site
"The question was never whether the wetland appears on the plan. It is whether the design maintains the hydroperiod the wetland formed under."

Florida has required stormwater systems since 1983. What has moved is how a preserved wetland is allowed to relate to that system. A wetland preserved on the plan but cut off from the runoff it used to receive will not perform the way the drawing suggests.

Shallow marsh holding water
$10.1B
in residential flood insurance claims since 1985 attributed to wetland loss (Nature Water, 2026)
9%
of insured riverine flood losses
14%
storm surge loss reduction from south Florida mangroves, Hurricane Irma
30%
storm surge loss reduction, Hurricane Ian (Cell Reports Sustainability, 2025)
Case study · Town of Davie, Broward County

Sterling Ranch

A 96-acre residential community with roughly 29 acres of degraded, melaleuca-dominated wetland and five reviewing agencies. WGI restored and created an 11.51-acre preserve modeled on the Everglades, with bank credits covering the remainder. The community's stormwater passes through the preserve before it leaves the site.

Aerial of Sterling Ranch looking west
Aerial looking west.
Sterling Ranch during construction
During construction.
Sterling Ranch preserve today
The preserve today.
96 ac
Residential community
11.51 ac
Restored and created onsite preserve
7.87
Freshwater herbaceous bank credits, FPL Everglades Mitigation Bank
11+ yrs
Permitting through monitoring and maintenance

WGI stayed with the project from permitting in December 2012 through monitoring and maintenance ending February 2024. Broward County review staff now use Sterling Ranch to train new employees.

Residential community beside a wetland preserve
For owners and developers

Whether a site you are about to buy, or already own, carries obligations you have not priced in. The questions to ask in due diligence, before a site plan exists.

Coastal roadway and shoreline
For counties and municipalities

How ordinances and comprehensive plan policies treat wetlands the federal program no longer covers will shape development capacity and flood exposure for decades.

Rick Harman
Author
Rick Harman, PWS, CEP
Director of Environmental, WGI
Mike Mills
Contributor
Mike Mills, PE
VP, Water Resources, WGI

WGI's environmental scientists delineate wetlands, coordinate with regulators from the first site visit, and design mitigation that fits both the permit and the site. Water resources engineers design the stormwater system around those decisions, so drainage, treatment, and mitigation are solved together on the same site plan.

Start from what is on the ground, then work outward to the federal question.

Wetlands in Balance · Free download

Download Now
Get your copy of Wetlands in Balance