When a first-time client contacts us requesting a wetland delineation survey, they typically ask three questions:
(1) why is the city (or county) requiring this survey?
(2) what is involved and how long will it take?
(3) how much land will I be able to use in the end?
On this page, we discuss the necessity of the wetland delineation survey for property development in Florida, the specific wetland guidelines set forth by Florida State agencies, and the wetland delineation process.
1. Why Is A Wetland Delineation Required?
All city or county planning departments in Florida require some form of wetland approval as part of the land development or building permit process. Depending on the location and scope of development, other state agencies such as the Florida Department of Environmental Protection (FDEP) or one of the five Florida Water Management Districts, will also be involved and may have their own permitting requirements.
Florida Statute 373.019, paragraph 27 defines a wetland as:
“those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto”.
Wetlands are protected by state and federal law because they act as a critical physico-chemical buffer for our waterways and water supplies: they trap and filter sediment, agricultural and industrial pollution, heavy metals, pharmaceuticals, and pathogens and also attenuate flooding events by acting as ‘sponges’ for stormwater. Wetlands also harbor diverse floral and faunal species, some of which are vulnerable or endangered.
Unfortunately, much of the original wetland that existed in Florida has already disappeared: a 1990 report produced by the US Fish and Wildlife Service estimated that approximately 9.3 million acres – or 46 percent – of the original wetlands of Florida were lost between the 1780s and the 1980s. Despite protection and rehabilitation efforts, wetlands across the state continue to face threats from unauthorized clearing and filling, changing watersheds, and climate-related processes.
The State of Florida and the Federal Government take wetland protection very seriously. Damage, pollution, unauthorized alterations to, or false statements about, wetlands may result in fines, liens, project delays or modifications, remediation indemnities, and even imprisonment.
2. Determining If Wetlands Are Present:
Often, it is fairly obvious that a parcel does not contain any wetlands and a request can be made to the appropriate permitting agency to have the property exempted from wetlands approval. Note, however, that the owner or developer will still be responsible for any wetland impacts if it is determined later, or by another agency, that wetlands do in fact exist on the property. If the property contains or adjoins a waterbody or watercourse or even shows signs of seasonally-wet depressions, wetlands are almost certainly present.
There are many free online resources that can be used to judge whether a property may contain, or is in proximity to, wetlands. Some of these include:
· City or county wetland maps
· Water Management District data
· USFWS National Wetlands Inventory Mapper (https://www.fws.gov/program/national-wetlands-inventory/wetlands-mapper)
· FDEP Map Direct tool (https://ca.dep.state.fl.us/mapdirect)
· FDEP Geospatial Open Data Portal (https://geodata.dep.state.fl.us/)
· Florida Conservation Planning Atlas datasets (https://flcpa.databasin.org/datasets/)
· USDA Web Soil Survey Map (https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm)
With all these resources, why is a wetland delineation survey still necessary? The answer is that they are all approximate or "conceptual". Most publicly-available wetland maps are interpolated or modeled from remote sensing data such as aerial or satellite imagery. Others are based off topographic maps that are years or even decades old now. Still others are no longer accurate because of natural or human alteration to the surrounding area. In other words, these resources are best guesses. The actual wetland line must be determined on the ground, in the field.
3. Having A Wetland Delineation Conducted:
If the state, county, or city believes that wetlands exist, or may exist, on a property, they must be investigated and delineated before proceeding with any permitting, clearing, or development. It is possible to request a wetland delineation from state agencies, but they are often seriously backlogged. For instance, the FDEP advertises a target of eight weeks for the completion of a wetland delineation upon receipt of all required information.
More often, a private consulting firm is hired to delineate the wetland. When considering a private environmental consultant, the primary consideration should be their knowledge and experience. These factors dictate how efficiently the delineation is performed and how defensible it will be when reviewed by permitting departments and any state and federal agencies. An experienced environmental consultant will also be familiar with local wetland buffer requirements and potential wetland exemptions.
Here in Florida, the requirements for delineating a wetland are laid out in Florida Administrative Code 62-340 Delineation of the Landward Extent of Wetlands and Surface Waters. At a minimum, the environmental consultant should have an intimate knowledge of this code, as well as with the FDEP Florida Wetlands Delineation Manual, and the USACE Wetlands Delineation Manual. They should also possess a solid understanding of Florida wetland plant species, and the vegetative and soil indicators that are used to determine the presence of wetlands. Finally, they should continually expand their knowledge through training and self-education.
4. The Wetland Delineation Process: What To Expect:
At Excelsior Environmental Consultants, every wetland delineation starts in the office. Once contracted, we compile information from as many relevant sources as possible to construct a GIS profile on the Subject Property and identify areas of specific focus for the site visit. We understand the tight timelines with which landowners, developers, and potential buyers are often faced, and strive to schedule and conduct the wetland delineation as quickly as possible.
Once onsite, we document soil characteristics, vegetative communities, and hydrologic indicators to determine the extent of the wetlands, and place labeled flags, flagging, or wooden stakes to delineate the wetland boundary. Field marker locations and other important features are recorded with professional-grade GNSS receivers. Depending on size of the work area, fieldwork can last anywhere from a few hours to several days.
Within several days of completing the fieldwork, Excelsior will deliver a final report to the client. This report is professionally formatted, notes the day(s) the delineation was performed and who performed it, and provides details about the specific characteristics observed and used to make the delineation. It also includes a map with the IDs and approximate locations of emplaced flags or stakes, the typical wetland buffer area, and other important details. The precise location of these markers, and the resulting wetland boundary, however, will need to be documented by a licensed land surveyor and added to the property boundary survey.
Once the wetland boundary has been delineated and added to the property boundary survey, this information, along with the wetland delineation report, can be submitted as part of the development review process. In most cases, the wetland delineation is valid for five years. It is likely that during this time representatives of the city, county, state, or even federal agencies will want to visit the site and verify our delineation; therefore, you should not remove or disturb any wetland flagging even if it has already been recorded onto the boundary survey.
5. The Bottom Line With Wetland Delineations:
Consider the significance of the wetland delineation: if the boundary is too far landward (i.e., includes uplands) then the Client is robbed of usable area and the property is wrongfully devalued. On the other hand, if the boundary excludes wetlands, then wetlands are potentially imperiled, and the Client faces exposure to environmental liability.
At Excelsior Environmental Consultants, we strive to conduct wetland delineations that are impartial, defensible, and that hold the best interests of both our environment and the Client in mind. If you think we can assist you, please call us today at 855-720-2333.
6. Useful Links:
· EPA Wetlands Protection and Restoration Program (https://www.epa.gov/wetlands)
· FDEP Submerged Lands and Environmental Resources Coordination (https://floridadep.gov/water/submerged-lands-environmental-resources-coordination)
· FDEP Water Management Districts (https://floridadep.gov/water-policy/water-policy/content/water-management-districts)
· US Army Corps of Engineers, Jacksonville District (https://www.saj.usace.army.mil)
Updated 12 November 2023