GOVERNMENT/REGULATORY

Howard Nelson and Alexandra Barshel

Bilzin Sumberg

Bilzin Sumberg's environmental attorneys helped draft new legislation to broaden the mitigation options available to developers when they build on wetlands.

Miami partner Howard Nelson and associate Alexandra Barshel spearheaded the push to pass House Bill 521 in the regular session this year.

The new law, which took effect July 1, allows developers to look beyond federal- and state-owned land for restoration projects by adding land owned by local government agencies if no federal or state mitigation bank credits are available.

The overriding goal is zero wetlands loss. When developers are subtracting wetlands, the mitigation bank opens the door to restoration work on offsite land. But the amount of land qualifying for mitigation was shrinking over time.

The new law expands the options for offsetting wetlands loss and restoring sensitive and neglected areas as functional public land while streamlining the process.

Describe a key element of your representation and how it influenced the outcome: For years, developers of housing complexes, retail malls and hotels have been able to build on some of Florida's wetlands so long as they helped to fund the restoration of vulnerable wetlands elsewhere. The problem with this system was that the number of available wetland mitigation areas sought by developers to offset the impacts of their projects is shrinking.

Following the bill's passage, mitigation credits will be available to fund the restoration of locally owned wetlands. Previously, only federal and state lands were eligible for funding through the program. The legislation means developers will have more options when it comes to offsetting their impacts, and local governments in Florida now have a new funding source for restoring sensitive and neglected areas as functional public spaces.