1 J. Land Use & Envtl. L. 211 (1985)
Warren S. Henderson Wetlands Protection Act of 1984: A Primer; Smallwood, Mary F.; Alderman, Silvia Morell; Dix, Martin R.

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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