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  • May 27, 2026

How to Fill Out Florida DEP Wetland Determination (w/Examples) + FAQs

A Florida DEP Wetland Determination is the official process the Florida Department of Environmental Protection uses to confirm where wetlands and other surface waters begin and end on a piece of property under Chapter 62-340, F.A.C. Landowners, developers, consultants, farmers, and attorneys file it to lock in jurisdictional lines before building, buying, selling, or permitting any project that could touch wet ground.

The form solves a costly guessing game. Without a binding line, a single misplaced fence post or fill truck can trigger enforcement under Section 373.430, Florida Statutes, with penalties up to $10,000 per day, per violation. According to DEP’s most recent Annual Regulatory Plan, the agency processes more than 1,400 wetland delineation actions each year, and roughly 1 in 3 are returned for corrections on the first review.

Here is what you will learn in this guide:

What the Form Is and Who Must File It

The Florida DEP wetland determination is not one form but a small family of related filings. The most binding one is the Petition for Formal Determination of the Landward Extent of Wetlands and Surface Waters, often called Form 62-340.300, authorized by Section 373.421(2), F.S. A formal determination is binding on DEP for five years and is recorded against the land. The informal determination, by contrast, is a non-binding courtesy review. The third path is a delineation embedded inside an Environmental Resource Permit (ERP) application on Form 62-330.060(1), which is required for almost any dredge, fill, or stormwater work near wet ground.

Anyone with a legal or equitable interest in the property may file. That includes fee-simple owners, contract purchasers with written consent, easement holders, lessees, and authorized agents. The form revision date you should confirm is October 2013 for the petition and October 2024 for the ERP main form, both printed on the bottom-left corner of page one.

The agency that receives the petition is whichever DEP district office covers the parcel — Northwest, Northeast, Central, Southwest, South, or Southeast — unless the Water Management District has been delegated review under an Operating Agreement. The five districts (SFWMD, SJRWMD, SWFWMD, NWFWMD, SRWMD) handle most ERP delineations, but DEP keeps formal petitions involving phosphate, mining, and certain coastal projects.

Federal jurisdiction under Section 404 of the Clean Water Act runs in parallel. A DEP determination does not bind the U.S. Army Corps of Engineers, and a Corps Approved Jurisdictional Determination does not bind DEP. Filers who skip this point often pay for two separate surveys.

Before You Start: Documents and Information You Need

Gather every item below before you open the form. Missing attachments are the #1 reason DEP issues a Request for Additional Information (RAI), which adds 30 to 90 days to your timeline under Rule 62-110.106, F.A.C.

  • Boundary survey signed and sealed by a Florida P.S.M. Required so DEP can tie the wetland line to a recorded parcel; without it, the petition is incomplete on intake.
  • Recent aerial photograph (≤12 months old). Used to cross-check vegetation signatures; older aerials get rejected when canopy or hydrology has changed.
  • USGS 7.5-minute quadrangle map. Anchors the project to a national grid; missing quad maps trigger a clarification letter.
  • NRCS soil survey excerpt for the county. Confirms hydric soils under Rule 62-340.200(7), F.A.C.; without it, DEP will not accept your soils data sheet.
  • FLUCCS land-use map (Level III). Helps reviewers decide if upland-cut ditches are jurisdictional; absence forces DEP to assume the worst.
  • Hydrologic indicators field data sheets. Document water marks, drift lines, and saturation; missing sheets force a re-site visit.
  • Proof of ownership or authorization (deed, contract, or notarized agent letter). Without it, the petition is dismissed for lack of standing.
  • Filing fee check or e-payment confirmation. Fees range from $250 to $4,000 under Rule 62-340.500; an underpayment freezes the clock.
  • Vicinity map showing access points. Lets DEP staff find the site for the mandatory inspection; vague maps cause missed appointments.
  • List of adjoining property owners with mailing addresses. Required for the public notice step under Section 373.413(4), F.S.; incomplete lists void the notice.

Where to Get the Form and How to Access It

The cleanest source is the DEP forms library. The Petition for Formal Determination lives on the Submerged Lands and Environmental Resources page as a fillable PDF. The ERP family of forms, including 62-330.060(1), 62-330.060(2), and the Self-Certification 62-330.402, sits on the ERP forms page.

You can also pull a stamped copy of the petition by searching the Florida Administrative Register for Form 62-340.300. The Register version is identical to the DEP PDF and is sometimes useful when an attorney needs a date-stamped certified version for litigation.

Online filers should set up a free account in the DEP Business Portal, which routes the petition to the correct district. The portal accepts PDF uploads up to 100 MB per file and links your payment to the filing automatically. Mail filers can use the DEP District Office Locator to confirm the exact street address before sending the package by certified mail.

If your project sits inside a delegated district, you may also use that district’s portal: SFWMD ePermitting, SJRWMD ePermitting, SWFWMD ePermits, NWFWMD permitting, and SRWMD ePermitting. Filing in the wrong portal does not invalidate the petition, but it does add weeks while staff reroute it.

Step-by-Step: How to Fill Out Form 62-340.300 Line by Line

Section 1 — Petitioner’s Name

This box asks for the full legal name of the person or entity asking DEP to draw the wetland line. Write the name exactly as it appears on the deed or the Florida Division of Corporations Sunbiz record. For an LLC, include the suffix LLC with no period. For a trust, include the trust name and the trustee’s name in the format Smith Family Trust, John A. Smith, Trustee.

A specific example helps. Maria Lopez writes Maria Elena Lopez in Section 1 because that is exactly how her name reads on the warranty deed she recorded in Lee County. If she instead wrote Maria Lopez her petition would still move, but DEP would issue a name-mismatch RAI when the title work came in.

The most common edge case is a married couple holding title as tenants by the entireties. Both spouses must be named, separated by and, with no ampersand. A common mistake is listing only the spouse who manages the project; the consequence is that the non-listed spouse cannot sign the final binding determination, and DEP will void the order. A misconception filers carry is that putting et ux. or et al. is acceptable shorthand — it is not, and DEP rejects abbreviated owner names under Rule 62-340.300(2), F.A.C.

Section 2 — Petitioner’s Mailing Address

This field captures the address DEP uses for all official correspondence, including the final order. Use a deliverable street address; if you only have a P.O. Box, list it on line 2 and the physical street on line 1. Write the address in U.S. Postal Service format with the two-letter state code and the ZIP+4.

For example, Carlos Reyes enters 14820 Pine Ridge Road, Suite 220, Naples, FL 34109-3245 because that is where his consulting firm receives mail. If he had only a P.O. Box, he would add P.O. Box 7781, Naples, FL 34101 on line 2 to keep the certified-mail receipt trail clean.

A nuance is that the address must match the address on file with Sunbiz for entities; mismatches trigger a corporate-status check. A common mistake is using a job-site trailer address that closes when the project ends, which causes DEP to mail the binding order to a defunct location. The misconception is that email alone is enough — DEP still uses U.S. Mail for final orders under Section 120.569, F.S.

Section 3 — Petitioner’s Phone, Email, and Agent Authorization

This block asks for a daytime phone, an email, and the name of any authorized agent. The agent line is where consultants, engineers, and attorneys insert themselves. Sign the Agent Authorization page if anyone other than the owner will speak to DEP.

A worked example: Janet Whitaker, a homeowner in Pasco County, writes (727) 555-0142, jwhitaker@gmail.com, and lists her wetland scientist David Chen, Ecological Solutions LLC as her agent. She also signs the Agent Authorization so David can answer DEP’s RAI without her on the call.

The edge case is a corporate filer where the signer must be an officer of record under Rule 62-110.106(8), F.A.C. A common mistake is letting a junior project manager sign without officer authority; the consequence is a notice of dismissal and a refiled petition. The misconception is that an email reply equals an authorized agent — it does not, and DEP will refuse to discuss substantive issues without a signed authorization.

Section 4 — Project/Property Name

Section 4 is a short label DEP uses internally to track the file. Pick a name tied to the parcel, not the development phase, because phase names change. Use ≤40 characters and avoid commas.

For instance, Apex Land Holdings writes Apex Cypress Tract 14 rather than Apex Phase 2B Pod 4. That label sticks even after the developer flips the property to a homebuilder.

A nuance arises for split parcels — pick one name and stay with it across all attachments. The mistake is using two different project names on the survey and the petition; DEP’s e-filing system splits them into two files, doubling fees. The misconception is that the project name controls the legal description — it does not, and only the metes-and-bounds description in Section 6 matters legally.

Section 5 — Property Owner (if Different from Petitioner)

Use this when the petitioner is a contract purchaser, an agent, or a tenant. List the record owner as shown on the county property appraiser’s roll and attach the contract or written consent.

For example, BlueOak Builders LLC is under contract to buy from The Estate of Henry Pham. BlueOak writes its own name in Section 1 and writes The Estate of Henry Pham, c/o Linh Pham, Personal Representative in Section 5, attaching the executed purchase contract.

The edge case is heirs’ property where probate is open; you must attach the Letters of Administration. The mistake is filing without the owner’s consent on a contract that has expired; the consequence is dismissal with prejudice. The misconception is that paying taxes equals ownership — it does not under Florida law.

Section 6 — Legal Description and Parcel ID

This is the most error-prone field on the entire form. Provide the metes-and-bounds legal description from the recorded deed and the 17-digit parcel identification number from the property appraiser. Attach a copy of the recorded deed.

A worked example: Carlos Reyes writes Section 14, Township 49 South, Range 25 East, Collier County, Florida, less and except the south 30 feet for road right-of-way and adds the parcel ID 00256040006. He attaches the deed recorded at OR Book 5921, Page 1183.

The nuance is that platted subdivisions need the lot, block, plat book, and page, not metes-and-bounds. The mistake is copying the short legal from the tax bill, which omits exceptions and easements; the consequence is a determination that covers the wrong land. The misconception is that the parcel ID alone is enough — DEP requires both under Rule 62-340.300(2)(c), F.A.C.

Section 7 — Acreage and Location Map

State the total acreage of the petition area and attach a location map at a scale no smaller than 1″ = 2,000′. The acreage drives the fee tier, so round to the nearest tenth.

For example, Apex Land Holdings writes 38.6 acres and attaches a USGS quad excerpt with the parcel outlined in red. Because 38.6 acres lands in the 10 to 100 acres tier, the fee is $1,400 under Rule 62-340.500.

The edge case is a parcel split by a public road; include both sides if you want one determination. The mistake is rounding down to drop a fee tier; the consequence is a fee-shortfall RAI and a paused clock. The misconception is that DEP averages submerged and upland acres — it does not, and the gross acreage controls the fee.

Section 8 — Description of Existing Site Conditions

Section 8 is a narrative box. Describe vegetation, soils, hydrology, and any past disturbances such as silviculture, grazing, or ditching. Reference the Florida Wetlands Delineation Manual categories.

A worked example: David Chen, the wetland scientist, writes The 38.6-acre tract includes 14.2 acres of cypress-dominated wetland (FLUCCS 621), 4.1 acres of wet prairie (FLUCCS 643), and 20.3 acres of pine flatwoods upland (FLUCCS 411). Hydric soils consist of Wabasso fine sand. Hydrologic indicators include water-stained leaves and adventitious roots.

The nuance is that a one-line answer like cypress wetland is treated as incomplete. The mistake is omitting prior agricultural exemptions claimed under Section 373.406, F.S.; the consequence is loss of the exemption argument later. The misconception is that photos replace narrative — they supplement, not substitute.

Section 9 — Proposed Wetland Boundary

Identify the line you believe is correct and attach a signed and sealed survey showing flagged points tied to a Florida State Plane coordinate. Each flag gets a unique ID.

For instance, Janet Whitaker’s surveyor flags WL-1 through WL-47 and ties them to North American Datum 1983, Florida West Zone. The survey overlay shows a 2.3-acre cypress dome with the line drawn at the seasonal high-water mark.

The edge case is a tidal wetland where the line follows the mean high-water line under Chapter 177, F.S., not the 62-340 vegetation index. The mistake is flagging only the easy portion and skipping a back corner; the consequence is that DEP draws its own line through the unflagged area. The misconception is that GPS-only points without a P.S.M. seal are acceptable — they are not.

Section 10 — Methodology

Specify which 62-340 method you used: vegetative index, soils, hydrologic indicators, or reasonable scientific judgment. Most filings use a combination.

For example, David Chen checks all four boxes and writes Primary reliance on the vegetative index per Rule 62-340.450, supplemented by hydric soil confirmation and field hydrology indicators per Rule 62-340.500.

The nuance is that reasonable scientific judgment alone, without supporting indicators, is reviewed skeptically. The mistake is leaving the box blank; the consequence is automatic RAI. The misconception is that one method overrides the others — DEP weighs them together under Rule 62-340.300(3), F.A.C.

Section 11 — Fee

Enter the fee amount and attach the check or e-payment receipt. The fee schedule under Rule 62-340.500 is tiered by acreage.

For instance, Apex Land Holdings writes $1,400.00 and attaches a copy of check #4471 made payable to the Florida Department of Environmental Protection.

The edge case is an agricultural petitioner who qualifies for the reduced fee under Section 373.4592, F.S. The mistake is paying with a personal check when the petitioner is an LLC; the consequence is fee disallowance. The misconception is that fees are refundable — they are not, even if the petition is withdrawn.

Section 12 — Signature and Notarization

The petitioner or authorized officer signs in blue ink and the signature is notarized. Florida notaries must use the wording in Section 117.05(4), F.S.

For example, Maria Elena Lopez signs in front of a notary, who completes the jurat with the county and date and applies a seal.

The nuance is that online notarization under Section 117.201, F.S. is accepted but the certificate must show the RON identifier. The mistake is signing before the notary witnesses it; the consequence is that the petition is void on its face. The misconception is that an electronic signature alone, without notarization, satisfies the rule — it does not.

Three Filled-Out Examples Using Real Scenarios

Scenario 1 — Maria Lopez, Backyard Dock in Lee County

Form Section What Maria Enters
1. Petitioner’s Name Maria Elena Lopez
2. Mailing Address 1842 Mariner Cove, Cape Coral, FL 33914-2210
3. Phone/Email/Agent (239) 555-0188 / melopez@yahoo.com / no agent
4. Project Name Lopez Backyard Mangrove Line
5. Property Owner Same as petitioner
6. Legal/Parcel ID Lot 14, Block 3, Cape Coral Unit 67, PB 22 PG 41 / 30-44-23-C2-04140.0140
7. Acreage 0.28 acres
8. Site Conditions Red and black mangroves along seawall, no upland disturbance
9. Proposed Boundary MHWL flags WL-1 to WL-9 by Smith Surveying P.S.M.
10. Methodology Mean high-water line per Chapter 177, F.S.
11. Fee $420.00 (under 1 acre tier)
12. Signature Notarized 06/12/2026 in Lee County

Scenario 2 — Carlos Reyes, 38-Acre Subdivision in Collier County

Form Section What Carlos Enters
1. Petitioner’s Name Apex Land Holdings, LLC
2. Mailing Address 14820 Pine Ridge Rd, Suite 220, Naples, FL 34109-3245
3. Phone/Email/Agent (239) 555-0144 / creyes@apexlh.com / David Chen, Ecological Solutions
4. Project Name Apex Cypress Tract 14
5. Property Owner Same as petitioner
6. Legal/Parcel ID Section 14, Twp 49 S, Rng 25 E, less S 30 ft / 00256040006
7. Acreage 38.6 acres
8. Site Conditions Cypress (FLUCCS 621), wet prairie (643), pine flatwoods (411)
9. Proposed Boundary 47 flagged points sealed by Reyes Surveying
10. Methodology Vegetative index + hydric soils + hydrology indicators
11. Fee $1,400.00
12. Signature Notarized 04/03/2026 in Collier County by officer Carlos Reyes

Scenario 3 — Janet Whitaker, Cattle Ranch in Pasco County

Form Section What Janet Enters
1. Petitioner’s Name Janet Marie Whitaker
2. Mailing Address 27411 Whitaker Ranch Rd, Dade City, FL 33525-7012
3. Phone/Email/Agent (352) 555-0119 / jwhitaker@protonmail.com / agent: David Chen
4. Project Name Whitaker Ranch Wetland Line
5. Property Owner Same as petitioner
6. Legal/Parcel ID Section 22, Twp 24 S, Rng 21 E, 160 acres / 22-24-21-0000-00100-0000
7. Acreage 160.0 acres
8. Site Conditions Improved pasture with isolated cypress domes, claimed Ag exemption
9. Proposed Boundary 3 isolated wetlands flagged WL-A1 to WL-C12
10. Methodology Vegetative index + hydric soils, RSJ for ditches
11. Fee $2,250.00 (>100 acres tier)
12. Signature Notarized 05/19/2026 in Pasco County

How to File the Completed Form

You can file four ways. Choose the channel that gives you the best paper trail.

Online — DEP Business Portal. Upload the petition and attachments at the DEP Business Portal. Pay by ACH or credit card; ACH avoids the 2.65% processing surcharge. Processing time runs 30 days for completeness review, with the substantive review running 60 to 90 days. Save the system-generated Submission ID as your proof of filing.

By Mail. Send a paper original plus two copies by certified mail, return receipt requested, to the appropriate district office. Include a check for the fee made payable to Florida Department of Environmental Protection. Processing time matches the online channel, but the clock starts on the date stamped received — not mailed. Keep the green return-receipt card.

In Person. Walk-in filing is accepted at all six district offices during posted hours. Ask the front desk for a date-stamped receipt copy of page 1, which is your proof of filing. Cash is not accepted; bring a check or money order.

Through a Delegated Water Management District. If your project sits inside SFWMD, SJRWMD, SWFWMD, NWFWMD, or SRWMD, file through that district’s portal listed earlier. The fee is the same, and the district forwards the file to DEP if jurisdiction shifts.

Whatever channel you pick, hold a complete duplicate set in your records for at least six years under Rule 62-340.300(8), F.A.C. Many filers also record the final order in the county Official Records to give buyers and lenders constructive notice.

What Happens After You File

DEP runs a completeness review within 30 days under Rule 62-110.106(3), F.A.C. If anything is missing, you receive a Request for Additional Information letter listing the gaps. You have 90 days to respond, or the petition is dismissed without prejudice.

Once the file is complete, DEP staff schedule a field site inspection. A staff biologist walks the flagged boundary with the petitioner or agent, photographs vegetation and soils, and may move flags. The site visit usually happens within 45 days of completeness.

After the inspection, DEP issues a Proposed Agency Action, either a Notice of Intent to Issue or a Notice of Denial. The notice is mailed and published, opening a 21-day point-of-entry window for third parties to challenge under Section 120.569, F.S. If no challenge is filed, the determination becomes final and is binding on DEP for five years.

The final order can be recorded in the county Official Records. Recording is not required but is strongly recommended for parcels likely to be sold within the five-year window.

Mistakes to Avoid When Filling Out the Form

  • Using the short legal description from the tax bill. The consequence is a determination that misses easements and exceptions, voiding the line for the omitted area.
  • Listing a P.O. Box as the only address. Final orders sent by certified mail bounce back, and DEP treats undeliverable as no notice.
  • Forgetting to sign the Agent Authorization. Your consultant cannot legally respond to RAIs, freezing the file until you re-sign.
  • Rounding acreage down to drop a fee tier. DEP catches this on the survey and issues a fee-shortfall RAI.
  • Skipping the notary block. An un-notarized petition is void on its face under Section 117.05, F.S.
  • Using GPS-only flags without a P.S.M. seal. DEP rejects unsealed boundary surveys outright.
  • Confusing DEP jurisdiction with USACE jurisdiction. A federal AJD does not bind DEP and vice versa; you may need both.
  • Filing in the wrong district. The petition still moves but loses 2 to 4 weeks in routing.
  • Assuming the agricultural exemption applies without claiming it. The exemption is waived if not raised in Section 8.
  • Failing to notify adjoining owners. Public notice defects under Section 373.413(4), F.S., reset the 21-day point-of-entry clock.
  • Paying with the wrong entity’s check. A personal check from an LLC’s manager is disallowed.
  • Treating an informal determination as binding. Informal letters are courtesy reviews and carry no five-year protection.

Do’s and Don’ts

  • Do confirm the form revision date in the bottom-left corner before filing because DEP rejects superseded versions.
  • Do pre-flag the boundary with a Florida P.S.M. before the site visit because surprise re-flagging extends the timeline.
  • Do record the final order in county records because it gives buyers and lenders constructive notice for the full five years.
  • Do copy your agent on every DEP email because RAIs sometimes come during business travel.
  • Do keep duplicate paper and digital sets for six years because DEP audits prior determinations during enforcement.

  • Do check the Operating Agreements before filing because delegation status changes who reviews your file.

  • Don’t rely on the short legal because exceptions and easements get missed.

  • Don’t sign before the notary because the jurat is void.
  • Don’t skip the agricultural exemption claim because it cannot be raised later.
  • Don’t mix project names across attachments because DEP’s e-filing system splits the file.
  • Don’t assume USACE follows DEP because federal jurisdiction is independent.
  • Don’t pay with cash because DEP cashiers refuse it.

Pros and Cons of Filing on Your Own vs. With Help

  • Pro — Cost savings. A pro-se petition saves consultant fees, often $3,000 to $15,000.
  • Pro — Direct knowledge of your land. Owners often know hydrology history that consultants must learn.
  • Pro — Faster decisions on small parcels. Single-lot homeowners can often finish in 90 days without a third party.
  • Pro — Clear paper trail. Filing yourself keeps every email and receipt under your control.

  • Pro — Educational value. You learn the rule book for future filings.

  • Con — Survey requirements are technical. A non-P.S.M. cannot sign the boundary survey, so partial outsourcing is mandatory.

  • Con — RAIs require quick legal turnaround. Missing the 90-day window dismisses the petition.
  • Con — Public notice errors are common. Owners who self-notice often miss adjoining parcel owners.
  • Con — Methodology defense is harder pro se. DEP staff push back on RSJ calls without ecologist credentials.
  • Con — Litigation risk. If a third party files a petition for hearing, you face a Division of Administrative Hearings docket without counsel.

Formal vs. Informal Determination at a Glance

Feature Formal Determination
Binding effect Yes, 5 years
Appealable Yes, 21-day window
Fee range $420 – $4,000
Recordable Yes
Site visit required Yes
Statute Section 373.421(2), F.S.
Feature Informal Determination
Binding effect No
Appealable No
Fee range $0 – $250
Recordable No
Site visit required Sometimes
Statute Rule 62-340.300(1)(b), F.A.C.

FAQs

Do I need a wetland determination before buying property?

No, but a formal determination protects you for five years and is strongly recommended during due diligence on any rural or coastal parcel.

Can a homeowner file Form 62-340.300 without an attorney?

Yes, pro se filing is allowed under Rule 62-110.106, F.A.C., but you still need a Florida P.S.M. for the boundary survey and a notary for Section 12.

Is the DEP determination binding on the U.S. Army Corps of Engineers?

No, federal Section 404 jurisdiction is separate, so a Corps Approved Jurisdictional Determination is required for federal permits.

Do I write my maiden name or married name in Section 1?

Yes, use the name on the recorded deed; if your deed shows a maiden name, write that and add the married name in Section 5 if title has changed.

Should I list a P.O. Box or street address in Section 2?

No, list the street address on line 1 and the P.O. Box on line 2 because final orders go by certified mail.

Does the parcel ID alone satisfy Section 6?

No, Rule 62-340.300(2)(c) requires both the metes-and-bounds legal description and the 17-digit parcel ID.

Do I round acreage in Section 7?

Yes, round to the nearest tenth, but never round down across a fee tier boundary because DEP audits the survey acreage.

Is an electronic signature acceptable in Section 12?

Yes, if it is a Remote Online Notarization under Section 117.201, F.S., with the RON identifier on the certificate.

Can I withdraw the petition and get my fee back?

No, DEP fees under Rule 62-340.500 are non-refundable once the file is opened, even if you withdraw the next day.

Does an informal determination protect me from enforcement?

No, informal letters are courtesy reviews and carry no binding effect against DEP under Section 373.421(2), F.S.

How long does the determination take from filing to final order?

Yes, expect 90 to 180 days total — 30 days completeness, 45 days field visit, 21 days point-of-entry, and clerking time.

Do I have to notify my neighbors?

Yes, Section 373.413(4), F.S. requires public notice to adjoining owners; defective notice resets the 21-day challenge window.

Can I record the final order in the county Official Records?

Yes, recording is optional but recommended because it gives buyers, lenders, and successors constructive notice for the full five-year term.

Does claiming an agricultural exemption waive my right to a determination?

No, you can claim the Section 373.406, F.S. exemption in Section 8 and still receive a binding wetland line.

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