Congressman Bean Reintroduces Bill to Codify Florida Permitting Program

WASHINGTON—Today, U.S. Congressman Aaron Bean (FL-04) reintroduced H.R. 2030, the Maintaining Cooperative Permitting Act of 2025, to protect the ability of states, like Florida, to continue their state 404 Permitting Programs. 

Specifically, this bill would codify the dredge and fill permitting programs administered by the States of Florida, Michigan, and New Jersey and clarify the law so that other states may successfully navigate the process to assume this authority. 

“The ability for states to take the lead in regulating their natural resources is vital, especially in the Sunshine State. Florida’s 404 permitting program remains essential for protecting our iconic wildlife and valued wetlands, while reducing wasteful duplication and improving responsiveness to applicants and the communities’ projects they serve,” said Congressman Bean.

"Florida has long proven that state-led environmental permitting and resource protection is both effective and efficient. The ‘Maintaining Cooperative Permitting Act of 2025’ reinforces the cooperative federalism framework, ensuring states have the certainty to manage their own natural resources without unnecessary federal overreach. I applaud Senator Moody and Representative Bean for championing this effort to protect responsible state oversight,” said Florida Department of Environmental Protection Secretary Alexis A. Lambert. 

U.S. Senator Ashley Moody (R-FL) introduced companion legislation in the Senate.

"As a fifth-generation Floridian, protecting our state’s natural beauty is deeply important to me. Florida has made significant efforts to conserve its incredible natural resources. However, under the Biden administration, our ability to protect our environment has been hindered by federal bureaucracy and excessive red tape, and Section 404 permit applications for projects that benefit the environment, and the public, became subject to a federal backlog. States should have the right to make decisions about their own natural resources, not be dictated to by Washington bureaucrats. That’s why I am introducing the Maintaining Cooperative Permitting Act — to limit Washington’s interference and protect our efforts to preserve Florida’s water,” said Senator Moody.

BACKGROUND 

• In 2018, Florida’s Legislature passed a bill that gave the Florida Department of Environmental Protection (DEP) authority to begin the public rulemaking process to better protect the state's wetlands and surface waters by assuming the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters. 
   
• The State 404 Program is responsible for overseeing permitting for any project proposing dredge or fill activities within state assumed waters.
   
• On Feb. 15, 2024, a federal judge issued an order divesting the DEP of its authority to issue State 404 Program permits in Florida. 
   
• More than 1,000 State 404 permit applications were pending before DEP and are presently on hold. Beyond large-scale development projects, this decision directly impeded efforts to review and authorize a wide range of 404 permit applications that benefit the environment and the public.

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