Tuten v. State, Department of Environmental Protection

The struggle between environmental concerns and clerical efficiency (or lack thereof) brings this case before the court. We reverse for issuance of a default permit, allowing the Department of Environmental Protection (DEP) to conduct a hearing to determine reasonable conditions necessary to protect the environment.

On June 13, 2000, a landowner requested verification that his proposed land development conformed to the “No Notice General Permit for Activities in Uplands” from the South Florida Water Management District (SFWMD). He planned to dredge a canal to provide material for a house pad.…