March 2024, Volume 26, Issue 3
Table of ContentsRatification of the Statewide Stormwater Rule and 2024 Legislative Session Recap WebinarFlorida’s 2024 Legislative Session ended March 8th and FSA is pleased to report that the ratification of the Statewide Stormwater Rule passed unanimously via Senate Bill 7040 (SB 7040). The Statewide Stormwater Rule, initiated through the 2020 Clean Waterways Act, sets a framework for stormwater management and increased nutrient removal throughout the state of Florida. The rule implements stormwater treatment performance criteria to increase treatment and removal of nutrients, establishes better performing BMPs that more accurately reflect the latest scientific information and strengthens requirements for operation, inspection, maintenance, and reporting of stormwater management systems. The ratification process was a roller coaster of committee hearings, compromises, and last second amendments. Ultimately the April 2023 adopted rule was amended by the Legislature and now is waiting for the Governor’s signature. While the amendments included in SB 7040 were not what we had hoped, the adopted and now revised rule will strengthen stormwater design standards and performance criteria on a statewide basis. Standards that are more protective of water resources statewide will lessen the need for local governments to adopt their own (more stringent) standards and allow for regulatory consistency. The updated Statewide Stormwater Rule culminates a multiyear process that included countless hours of FSA input, review, and discussion. FSA is now looking ahead to the next phase of the process, understanding implementation of the rule, and working on training programs to assist members as they navigate the new standards. Interested in learning more about changes to the Stormwater Rule? Be sure to view the above links for detailed changes (April 2023 adopted rule + changes made by the Legislature in SB 7040). FSA is also offering exclusive FSA member-only access to our 2023 Fall Seminar, Navigating the Statewide Stormwater Rule, which provided a detailed analysis of the rule including FDEP’s implementation examples. Beyond the rule ratification effort, the 2024 Legislative Session saw a range of bills, from bills targeting FDEP adopted water quality restoration plans, new guidance and requirements for resiliency planning and development, updates to mitigation activities, to a series of local government preemption bills. A win for FSA was the lack of any further action on the seasonal fertilizer bans in local government ordinances, something that was introduced at the end of the 2023 Legislative Session. This was one item many groups were watching, and enough pressure was put on representatives to not bring this needless action back into play. After July 1, 2024, local governments can initiate actions to develop or revise seasonal fertilizer bans in ordinances, which is a local cost yet effective measure to help reduce pollution in local waters. Interested in more information? FSA Members can visit FSA’s Legislative Page for a summary of our Priority Issues and detailed bill information. You can also go to FSA’s Webinar Archive to view the 2024 Legislative Recap webinar available to members on FSA’s webpage page. The webinar provides an overview of the Priority Issues bills FSA tracked, including how bills fared from ones that passed, to ones that failed. A big thank you to Applied Sciences for sponsoring the webinar, their contribution allowed us to bring this webinar to members free of charge. Florida 404 Wetland Permitting Program Update
In February major news hit Florida stakeholders who work in the wetland permitting arena, when a decision from the U.S. District Court in Washington D.C. vacated the state run 404 Wetland Permitting Program. The February 15th decision sided with plaintiffs who challenged the endangered species review process, and the decision has stalled further action on wetland permits not already addressed or reviewed by the permitting agency. On February 26th, Florida submitted a motion for limited stay on the decision, requesting the FDEP be allowed to continue processing and reviewing wetland applications that required 404 decisions until further decisions and/or appeals are finalized. The U.S. EPA did not agree with the submitted limited stay motion and at this time the permitting review has fallen back to the federal agencies who previously had authority before the transition to FDEP. Overall, many permits, estimated to be over 1,000 total, are on hold until a further decision or appeal is made to move things forward. For more information visit FDEP’s State 404 Program page. FDEP Stormwater Related Rulemaking Efforts
While FDEP waits for the Governor to sign the updated stormwater rule, three other rules are under consideration for updates and changes.
Future TMDL & BMAP MeetingsFDEP has a set of meetings for TMDLs and BMAPs scheduled for April 2024. FDEP has been working to update and propose new Fecal Indicator Bacteria (FIB) Total Maximum Daily Loads (TMDLs) in southwest Florida and has scheduled a meeting on April 4, 2024 at 2:00 p.m. EDT to discuss the draft TMDL document and provide a forum for discussions and accept comments from stakeholders. The meeting is open to the public and will be held virtually and in-person in Ft. Myers. View the draft TMDL document and register for the meeting via the FDEP Bacteria TMDL webpage.
Stormwater Master Planning Webinar - Registration Open!Join us May 9th from 10:30 a.m. – 11:30 a.m. EDT for FSA’s Stormwater Master Planning: Embracing Technology and Resilience Webinar. Stormwater master planning is a critical component of urban infrastructure management, addressing stormwater runoff challenges and its impacts on cities and counties and our natural resources. Join us to explore the evolution of stormwater master planning emphasizing the integration of Geographic Information Systems (GIS) and other technologies, the shift towards viewing stormwater as a resource, and the increasing focus on climate resilience. This event is brought to FSA members free of charge thanks to the sponsorship of Applied Sciences. Register today to save your seat! FSA Annual Conference - Don’t Miss Out!
Meet Representative Lindsay Cross
If you haven’t already registered for the Annual Conference, hurry, we’re filling up quickly! Register Today! FSAEF Stormwater Scholarship Award
2024-25 Board Elections in JuneFSA is looking for dynamic leaders dedicated to ensuring the continued success of the Association. There will be elections to fill vacancies on the Florida Stormwater Association and the FSA Educational Foundation Boards of Directors during the Friday Annual Membership meeting at this year’s Annual Conference. This is your chance to help lead the primary organization dedicated to furthering the stormwater management profession and water quality improvement programs in Florida.
We want to hear from you! If you’re interested in serving or if you know of a member that you would like to recommend to serve, please send your recommendation to [email protected] or complete a Board of Directors Nomination Form today! Recommendations must be submitted by June 3, 2024. To view current nominations for the 2024-25 Board of Directors visit FSA’s Elections page.
We appreciate your feedback! Please don't hesitate to contact us if you have any questions about FSA. |