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1 J. Land Use & Envtl. L. 211 (1985)
Warren S. Henderson Wetlands Protection Act of 1984: A Primer

handle is hein.journals/jluenvl1 and id is 219 raw text is: THE WARREN S. HENDERSON WETLANDS PROTECTION ACT OF 1984: A PRIMER MARY F. SMALLWOODJ SILVIA MORELL ALDERMAN,tI AND MARTIN R. Dixttt I. INTRODUCTION Wetlands have been called Florida's soul by some and a nui- sance by others.' Between 1850 and 1973 an estimated twelve mil- lion acres - sixty percent of the state's wetlands - were de- stroyed.2 It also has been estimated that forty percent of south Florida's wetlands were destroyed in the brief period between 1970 and 1973.3 Much of the loss of Florida's wetlands occurred before the value of wetlands was appreciated; today it is no longer debat- able that wetlands perform functions which provide significant benefits to the public. The Warren S. Henderson Wetlands Protection Act of 1984 (the Act),4 which became effective on October 1, 1984,1 is Florida's first law directed specifically at the preservation and protection of the state's remaining wetlands. Dredge and fill operations, which pre- viously had required permits because they are a source of water pollution,6 now are permitted under specific authority of the Act. This article reviews regulation of dredging and filling in the State of Florida under the Act. Because the Act provides for the grandfathering of many activities, it is necessary to review the Act and the prior regulatory scheme to analyze the current regula- tory framework. t General Counsel, Department of Environmental Regulation, Tallahassee, Florida; B.A. 1969, University of Florida; J.D. 1977, Florida State University; Former Associate, Mahoney, Hadlow, and Adams, Tallahassee, Florida. tt Practices law with Swann and Haddock, P.A., Tallahassee, Florida; J.D. 1977, Florida State University; Former Deputy General Counsel, Department of Environmental Regula- tion, Tallahassee, Florida; Member of the Executive Council of the Environmental and Land Use Section of the Florida Bar. ttt Associate, Swann and Haddock, P.A., Tallahassee, Florida; B.S. 1977, Florida State University; J.D. 1985, Florida State University. 1. Wetlands: Florida's Soul. 6 FLORIDA'S ENVTL. NEWS 3 (Oct. 1983) (available in the Department of Environmental Regulation library). 2. Id. 3. Id. 4. FLA. STAT. §§ 403.91-403.929 (Supp. 1984). 5. FLA. STAT. § 403.913 (Supp. 1984). 6. See FLA. STAT. § 403.021 (1983).

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