It ha
s come to our attention that the Army Corps of Engineers (ACOE) is attempting to make modifications to permits when the permittee requests an extension to the expiration date.
Extending an ACOE permit could be costly in Florida. ACOE has required modification of mitigation plans as a condition of permit extensions. In order to extend a ACOE permit that includes on-site mitigation, the ACOE is pressing permittees to use mitigation banks rather than the previously approved mitigation plans.
As a result of this policy change, permittees seeking extensions may incur increased mitigation cost by purchasing mitigation bank credits. In addition, there are state and local permits for the project that will also need to be modified. There could be a positive outcome if you are able to increase the development area. We encourage any existing ACOE permit holders with expiration dates within the next 12 months to begin negotiations with ACOE as soon as possible. You might also consider completing the wetland impacts and mitigation prior to expiration of the permit. Procrastination is not your ally. Clementi Environmental Consulting (CEC) can assist you with analyzing your alternatives.
