Florida Wetlands Could Lose Federal Protection Under Proposed Clean Water Rule

A proposed federal rule that would narrow which waters fall under the Clean Water Act is raising alarm among environmental groups in Southwest Florida, who say large areas of wetlands could be left exposed to development. The concern comes as researchers from the University of Florida recently found parts of the Myakka River headwaters dry enough that they had to drag their kayaks across them. That seasonal wetting and drying is the kind of natural cycle that could cost such areas their federal safeguards.

Abbey Tyrna, executive director of Suncoast Waterkeeper, said as much as 86% of Florida's wetlands could lose federal protection under the changes. "They could be filled (with dirt) and drained and have homes put on there," she said. She added that Sarasota is especially at risk because most wetlands in the region are isolated.

The proposal comes from the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. It would tighten the definition of "waters of the United States," which determines what the Clean Water Act covers, and follows a 2023 U.S. Supreme Court decision that limited federal wetland protection. The agencies are now turning that ruling into policy.

The EPA says the rule would give a clearer definition of protected waters and set up a framework for federal and state authorities to cooperate. In a statement to Suncoast Searchlight, the agency called a "clear and durable definition" a "top priority for the Trump EPA" and said local authorities are best placed to understand their own water resources. The agencies have also acknowledged trade-offs, noting that damaged or developed waters could mean "forgone benefits over time, including habitat support, recreation, and aesthetic benefits."

The rule has not been finalized. The comment period on the September supplemental proposal closed Oct. 9. Tyrna said no implementation date is projected and that legal challenges could stretch the process out for at least a year. State and local laws, including Florida rules on mangrove trimming and vegetation removal, would still apply, though advocates warn that wetlands outside federal jurisdiction could face fewer safeguards.

David Lewis, an associate professor of ecology at the University of South Florida, said wetlands help filter drinking water by removing pollutants. He said the label "isolated" is misleading because such wetlands are connected through groundwater, and losing them could hurt water quality in rivers and streams. Wetlands also soak up stormwater and release it slowly. "If you don't have wetlands, rivers will be raging flash floods after rains, and then tiny dry trickles in between," he said.

The economic stakes are significant, according to figures cited in the report. A 2020 Sun and Carson report found that coastal Florida wetlands provide nearly $2 million in protection from major storms per square mile. A 2024 Suncoast Waterkeeper newsletter estimated that headwaters in Manatee County alone save more than $130 million in potential damages from future tropical storms or hurricanes. Wetlands also support species such as salamanders, wood ducks and muskrats, and Lewis said the state's appeal to tourists depends on healthy natural areas.

Sarasota County has its own ordinances requiring a permit for development over wetlands, and the public can file complaints against permit holders. The county does not distinguish between isolated and connected wetlands. Tyrna still worries that local rules may not be enough, noting that it is easier for local governments to change their own regulations when federal protections are loosened. She pointed to the recently approved Village One expansion in Wellen Park, a 54-acre project that includes 28 acres of wetlands, of which just two wetlands are protected. Under the new federal rules, she said, none would have been.

Suncoast Waterkeeper has submitted comments to both agencies and urged residents to write letters opposing the rule. "Wetlands are what created Florida," Tyrna said, adding that the region is already facing extreme water shortage conditions.