The June 28, 2024, updates to Chapter 62-330, F.A.C. and the Environmental Resource Permit Applicant’s Handbook Volume I (AH I) brought significant changes to stormwater design and treatment standards. For projects with Conceptual Environmental Resource Permits (ERPs) issued prior to this date, the key question is: Do the new treatment performance standards apply to future construction phases under an existing conceptual ERP?
📝 Rule Background: AH I, Section 3.1.2(e)3
Section 3.1.2(e)3 of the updated AH I provides that if a construction phase is consistent with an unexpired conceptual ERP, it may continue using the stormwater criteria that were in effect at the time the conceptual approval was issued—commonly referred to as grandfathering. However, if modifications to the construction phase cause substantially different water resource impacts, the project will be subject to the new standards.
📌 Why Verifying Grandfathering Status Is Important
While the grandfathering provision is clearly stated, the determination of what constitutes “substantially different water resource impacts” can be subjective. This is why it is highly advisable for consulting engineers to seek confirmation from the Water Management District (WMD) that a project phase remains eligible for grandfathering.
🛡️ Benefits of a Grandfathering Verification Request:
– Regulatory Certainty: Avoid disputes during the review process by documenting the project’s eligibility to use prior design standards.
– Cost Savings: Prevent unnecessary redesigns or upgrades to meet new standards.
– Permitting Efficiency: Minimize review delays by demonstrating consistency with the conceptual ERP upfront.
📄 How to Submit a Request
The verification request should include:
– A reference to AH I, Section 3.1.2(e)3 and the project’s conceptual ERP number.
– A statement that the construction phase remains consistent with the conceptual approval.
– A narrative explaining any modifications and why they do not result in substantially different water resource impacts.
– Supporting documents such as site plans, comparison tables, and design reports.
📂 Get a Head Start:
To assist you, we have provided a draft Grandfathering Verification Request letter that you can tailor to your projects.
📥 Download the Draft Grandfathering Verification Request Letter
By taking this proactive step, consulting engineers can streamline the permitting process, protect their project timelines, and reduce uncertainty under Florida’s evolving stormwater regulations.