SCOTUS sinks Clean Water Act protection for 51% of U.S. waters

'Wetlands that are separate from traditional navigable waters cannot be considered part of those waters.'

A Supreme Court ruling that on its face just allows an Idaho couple to build a home near a lake goes in fact much further than that, eliminating Clean Water Act (CWA) coverage to 51% of previously protected U.S. wetlands.

“Wetlands that are separate from traditional navigable waters cannot be considered part of those waters, even if they are located nearby,” Justice Samuel Alito wrote in the majority opinion.

“In addition, it would be odd indeed if Congress had tucked an important expansion to the reach of the CWA into convoluted language in a relatively obscure provision concerning state permitting programs.”

In this case, a road bisects the wetlands in question, and the house was going in on the part of the wetlands cut off from the rest. The Court ruled that the Clean Water Act’s jurisdiction ended at the road. The water has to be visible and contiguous to be covered by the law.

Legislature passes funding bills for two Tampa Bay Water projects

Water management districts want visitors to enjoy Florida’s springs and rivers responsibly

Here are some reminders to take special care if you're planning to enjoy Florida's nature this weekend.

Before Memorial Day Weekend and the unofficial start of summer, Florida’s water management districts want to remind visitors to springs and rivers to leave no litter and protect nature.

Troy Roberts with the Suwannee River Water Management District said trash takes away from an area’s natural beauty. It is also harmful to plants, animals, and water quality.

“Make sure you’re taking your trash back with you,” Roberts said. “Take care of these natural wonders that we have like you would your own house.”

Roberts added it is also important to protect submerged aquatic vegetation or seagrass, which provides food and habitat, and can serve as an indicator of the health of a system.

“When people are out swimming or floating, they need to stay close to the surface of the water and they’re not trampling the vegetation,” he said. “Walking on it can uproot it, can damage it. Even walking in the sandy areas can prevent new growth in those areas.”

Vivianna Bendixson with the Southwest Florida Water Management District echoed that advice.

“We want boaters and kayakers to enjoy their time on the river, but we want them to do it while reducing their impact to the river,” she said.

Bendixson added that boaters should not moor along the river’s shore, because that contributes to shoreline erosion and the degradation of the system’s overall health.

Water management districts will promote being good stewards of the environment on social media and at their sites throughout the summer when springs see more visitors.

Hillsborough County Health Dept. issues Blue-Green Algae Bloom Alert for Lake George-North

How big of an area was impacted by Piney Point?

Red tide appears to be gone from area beaches

Red tide has been a scourge of the Gulf Coast since Hurricane Ian struck Collier and Lee counties last year. It has finally dissipated from much of the area.

Red tide appears to be gone from the region for the first time in months.

An update from state environmental officials Wednesday showed red tide was either not present or only found in background levels throughout the Tampa Bay and Sarasota/Manatee coastlines.

Red tide was found in low concentrations just south of Sarasota County, in Charlotte County.

Still, some reports of fish kills and respiratory irritation suspected to be related to red tide were reported over the past week in Sarasota County.

For additional information about red tide, including information on how to report a fish kill or other wildlife effects, consult health authorities about human exposure, or locate other resources, visit the state Fish and Wildlife Conservation Commission's Red Tide-Related Hotlines and Information Sources article.

Water Atlas Recreational Water Quality Map »

Red tide? Seaweed blob? Nope, scientists are watching a different algae off Tampa Bay

Researchers call it ‘sea sawdust,’ and it has a friendly relationship with the organism that causes red tide. It’s likely offshore of every county from Pinellas to Collier.

Florida researchers are watching an algae bloom drifting offshore of the Tampa Bay area — and no, it’s not red tide or a looming blob of seaweed.

Scientists are monitoring a patchy cloud of “sea sawdust” that has ebbed and flowed in the Gulf of Mexico for nearly a week, according to the Florida Fish and Wildlife Research Institute. The blue-green algae species, known as Trichodesmium, is often found in tropical waters and blooms off Southwest Florida.

The good news: It’s not known to be toxic. The bad news: It leaves behind nitrogen that can feed red tide.

Sea sawdust earns its nickname from the opaque, brownish hue it reflects as it gathers on the sea surface, according to Kate Hubbard, the director of the state’s Center for Red Tide Research. From above, thick blooms can resemble oil slicks.

“It really stands out,” Hubbard said in an interview. “When you’re on the water, it pops out as something that looks different than really any other type of algae.”

Sign up now for the 2023 Florida Waters Stewardship Program

Tampa Bay fertilizer bans go into effect June 1st

TAMPA – Fertilizer bans go into effect for parts of the Tampa Bay area on June 1.

This prevents the use of any fertilizer containing phosphorous or nitrogen in Hillsborough, Pinellas, Manatee and Sarasota Counties from June 1 through September 30.

There are differences and exemptions of the ban and the free UF IFAS application is useful when looking at specific neighborhoods.

The ban is in effect during the rainy season because a summer thunderstorm can dump several inches of water, leading to a significant amount of water running off into drains into lakes, reservoirs and our bay waters.

Any excess fertilizer gets washed away and into these water bodies, which leads to reduced water quality.

Excess phosphorous and nitrogen lead to algae growth. An abundance of algae blocks sunlight from reaching the bottom of those water bodies and therefore fewer plants and sea grass. Fewer plants leads to lower oxygen levels which eventually lead to fish kills.

The 2022 Tampa Bay seagrass survey showed just 30,000 acres of seagrass. That’s 10,000 acres below the goal. It also marked the third consecutive survey period showing a decline after hitting a high of 40,000 acres.

Fertilizers containing phosphorous and nitrogen can still be used until June 1st. However, extra caution should be taken not to apply it to impervious surfaces, when it is raining or more than two inches are expected within the next 36 hours, and not within 10 feet of any body of water.

Caution should be used when dealing with lawn clippings as well to make sure they are not put down any drains.

If the fertilizer does have nitrogen, it must be a least 50% controlled release or slow release. Phosphorous should not be used at all, ever, unless a soil analysis done by a qualified lab shows there is a phosphorous deficiency in the soil.

If you use a fertilizer spreader, it must have a deflector shield on it to better control where fertilizer is spread.

Tampa Bypass Canal System in place to prevent flooding, divert water during hurricanes

TAMPA – Hurricane season is just two weeks away. There is a system in place to protect Tampa Bay residents along the Hillsborough River from flooding by diverting water.

Hurricane Irma plowed through Florida’s west coast, bringing heaving rain and devastating flooding. During Irma, the Southwest Florida Water Management District said the Tampa Bypass Canal helped move three billion gallons of floodwater out of the Bay area.

The bypass canal runs parallel to the Hillsborough River for 15.7 miles. It’s made up of five flood control structures, allowing the district to manage the water flow. This system consists of the Hillsborough Flood Detention Reservoir, the Tampa Bypass Canal and the Harney Canal.

“During a heavy rain event, like a hurricane, the district is able to close the gates on the structure cutting off the river, preventing the flood waters from entering the cities of Tampa and Temple Terrace,” Operations Bureau Chief Jerry Mallams said.

The reservoir is 16,000 acres and is located northeast of Tampa and Temple Terrace. There is a 6.5-mile-long earthen dam associated with the reservoir. Mallams said when floodwater begins to fill up the reservoir, his team can use the system to divert and release the water into McKay Bay.

Hillsborough County cracks down on water violators

TAMPA – All water users in unincorporated Hillsborough County are subject to the year-round outdoor lawn watering restrictions, but code enforcement officers are cracking down on violators a bit harder in May when they typically see the most water-using due to the dry season.

Code enforcement officers typically ride around neighborhoods from early in the morning until sunrise, take down the violator's address, snap a photo for evidence, and later send a warning or violation notice to that property.

Typically, this time of year, officers say they'll find as many as 20 to 30 violations each before the sun even comes up, but sometimes those numbers are lower.

"We typically start off with a warning, and then from there it escalates up to $500 in $100 increments," said Hillsborough Code Enforcement Officer Jon-Paul Lavendeira. "Usually, people don't get to that point, they tend to wise up a bit on the warning offenses because this isn't a money-making operation. It's more or less for educating the community."

Bathroom to Bay: How old toilets are being transformed into a sea life habitat in Tampa Bay

TIERRA VERDE – As one of the most popular tourist destinations, Tampa Bay has an abundance of hotels and other properties. As those properties are updated over time, replaceable items like old toilets are sent to landfills. Tampa Bay Watch and Tampa Bay Water are exploring ways to find more sustainable solutions for the toilets.

"They build oyster reef balls out of concrete which helps to support the growth of oysters throughout the Tampa Bay area," said Amelia Brown with Tampa Bay Water as she explained the work done at Tampa Bay Watch. Both agencies have teamed up to help reduce waste. They're taking old replaceable toilets and - rather than sending them to landfills – they're recycling them into habitats for sea life.

"We crush old, water-guzzling toilets into little pieces and mixed it into the concrete mixture that was used to make the oyster reef balls."

Organizers say 85% of oyster habitat has been lost in the Tampa Bay area due to human activities. Amelia Brown, who helped spearhead the pilot program says it's a great way to replace your toilet and save water."Toilets that are from 1993 or earlier use 3.5 gallons or more per flush. But new, high efficiency water sense certified toilets use only 1.82 gallons per flush." That's a 60% reduction in water use per flush.

But she didn't want to create one environmental problem while solving another.

Florida environment groups, businesses urge DeSantis to veto ‘attack’ on fertilizer bans

A DeSantis veto would save important measures to curb urban pollution, the groups urged.

Dozens of Florida businesses and environmental organizations are calling on Gov. Ron DeSantis to veto a budget item that could curtail local fertilizer ordinances and stymie future water quality efforts.

A coalition of 55 groups from across the Sunshine State, including Alachua County commissioners, wrote a letter to DeSantis late last week urging he use a line-item veto to slash a proposed $250,000 appropriation for University of Florida researchers to study the impact of preempting local fertilizer regulations for the next year.

A local fertilizer ordinance — like the one Pinellas County initiates from June through September — aims to prevent polluted, nutrient-heavy water from flowing off lawns and parks during Florida’s rainy season. That runoff can fuel toxic blue-green algae and red tide blooms that plague Florida’s cherished coastlines and cost the state millions in missed tourism dollars.

More than 100 municipalities across Florida, including more than 20 local governments in Pinellas, have used rainy season fertilizer bans as a tool to prevent souring the state’s waters.

Hillsborough County residents: Keep water clean, help curb red tide by following fertilizer rules

TBRPC now accepting applications for FY24 Stormwater Education Funding

Tampa Bay leaders talk resiliency strategies as hurricane season approaches

With the start of the Atlantic hurricane season looming June 1st, leaders from across the Tampa Bay region gathered for a two-day conference on resiliency strategies to respond to climate change and sea-level rise.

As the 2023 season nears, the destruction Hurricane Ian wreaked across Southwest Florida last year was a point of concern running through the third annual Tampa Bay Regional Resiliency Leadership Summit, which the Tampa Bay Regional Planning Council put on May 4th and 5th at the Hilton Clearwater Beach. Originally forecast to hit Tampa Bay, Ian made landfall as a category 4 in Southwest Florida, causing nearly $113 billion in property damage and taking the lives of 66 people.

Federal and state funding flowing to Tampa Bay

The Tampa Bay region is part of a $4.9 million oyster reef habitat restoration project that will stretch along the west coast of Florida to Alabama, Louisiana and Texas. Through it, oyster shells will be collected from restaurants, recycled and put back into the water at oyster reef restoration sites, protecting shorelines and improving water quality.

Another $2.25 million will go toward a Pinellas County government project in partnership with Keep Pinellas Beautiful and the Tampa Bay Estuary Program to remove more than 200,000 tires from Tampa Bay and the Gulf that were placed in the water from the 1960s to 1980s as artificial reefs.

A Tampa-area resiliency summit explores ways for cities to deal with climate change

Expected higher seas and more intense storms could arrive in the coming years and have severe impacts on coastal communities.

"Resiliency" has become a keyword for many city officials, as climate change threatens communities with rising seas, more intense storms and hotter weather.

A two-day symposium being held through Friday by the Tampa Bay Regional Planning Council is looking at ways to help plan for the future.

Mayor Julie Ward Bujalski of Dunedin spoke on a panel on how coastal communities especially, will be affected.

"It is the preservation and protection, but also efficient use of our natural resources, our human resources and our financial resources," Bujalski said. "It's not just about the land or the water or sea level rise. It's really how we approach government operations — and acting as a human."

Lawmakers give green light to seagrass technology innovation bill

In eight years, 2011-2019, Florida lost around 58% of existing seagrasses.

The House substituted a Senate bill for their efforts and will now send to the Governor a plan to discover and fund new technologies to combat seagrass depletion.

SB 724 would establish a Seagrass Restoration Technology Development Initiative within the Department of Environmental Protection (DEP).

The initiative would involve a partnership between DEP, Mote Marine Laboratory and the University of Florida (UF), and establish the Initiative Technology Advisory Council as part of the plan.

“Unfortunately, seagrasses along both coasts, most notably the Indian River Lagoon and Florida Bay, are rapidly being lost,” Bradenton Republican Rep. Will Robinson said during the bill’s second reading.

“This bill allows a focused and applied science-based statewide strategic restoration initiative to address the diminishing seagrass habitat and diversity.”

There were no questions and no debate as the House passed the bill on third reading.

Florida Legislature moves to block fertilizer bans

Conservation groups and some state lawmakers are warning that the Florida Legislature's recent move to block seasonal fertilizer bans could hamper local efforts to improve water quality.

Why it matters: The state's waterbodies are already grappling with red tide, a toxic algae bloom known to devastate marine life and repel tourists.

• Fertilizer runoff is a top contributor to nutrient pollution which stimulates algae, exacerbating blooms and depleting seagrass.

Driving the news: Florida lawmakers tucked a provision into the state budget proposal last weekend that would prevent local officials from banning fertilizers.

Between the lines: The provision, if enacted, only affects counties that haven't imposed a fertilizer restriction yet. It wouldn't impact local officials' ability to enforce existing ordinances that rein in fertilizer use.

• Hillsborough, Pinellas, Sarasota and Manatee counties, for instance, all have seasonal bans in place. But county officials couldn't amend those ordinances under the proposal.
• Maya Burke of the Tampa Bay Estuary Program said the restrictions have helped reduce pollution without placing a fiscal burden on counties.

Of note: The prohibition on fertilizer bans would last until the end of the 2023-24 budget year.

• The Legislature also proposed earmarking about $6 million of the budget for University of Florida researchers to examine the impact of preventing new fertilizer bans.

Zoom out: Florida ranked first in the nation for total acres of lakes deemed too polluted for swimming and aquatic life, according to the Environmental Integrity Project, a nonprofit advocacy organization in Washington, D.C.

• When looking at polluted estuaries, the state ranked fourth.

What they're saying: "Florida's fertilizer ordinances are a proven and necessary pollution-prevention strategy," state Rep. Lindsay Cross (D-St. Petersburg) said. "This sneak attack will hamstring local communities that have recognized that fertilizer ordinances are cost-effective and work."

Drones offer more efficient way to survey vital oyster reefs

Skimming 100 feet above the Gulf waters at 13 miles per hour and blasting out 700,000 laser pulses every second, a drone flies over this oyster reef off the Big Bend coast of western Florida in early 2021. A few minutes later, the drone lands on shore and, with a little computer magic back at the lab, spits out what the drone operators want to know: How are these reefs doing?

Oyster reefs across the Gulf and Atlantic coasts of the U.S.—vital providers of food, jobs, habitat, shore protection and water purification—are facing steep declines from overharvesting and environmental stressors. But spotting which reefs are at risk of collapse in time to intervene using conventional methods can be labor intensive and impractical.

Enter the drone.

"In the time it takes a person to measure just one or two square meters of reef, you can survey the entire reef structure with a drone," said Michael Espriella, a postdoctoral researcher at the University of Florida.

New research by Espriella and his UF colleagues shows that the digital elevation map produced by drone-based lidar—which pushes out rapid laser pulses that can measure distance—can accurately determine the condition of an oyster reef with much less time and labor than old-fashioned manual surveys.

Tampa making historic investments to improve wastewater infrastructure

University of Tampa researcher says algae in Tampa Bay could guide seagrass restoration

ST. PETERSBURG — A researcher at the University of Tampa says a certain kind of algae could help guide efforts to restore sea grass in Tampa Bay.

According to the South West Florida Water Management District, Tampa Bay is losing sea grass at an alarming rate, with a 12 percent decline over the past two years. That’s more than 4,000 affected acres. Most of the decline can be found in Old Tampa Bay, which is where University of Tampa associate professor Michael Middlebrooks is focusing his study of an algae called caulerpa.

Caulerpa shares similar qualities with sea grass and is thriving in some parts of the bay. With the help of his research team, Middlebrooks is collecting samples of caulerpa and examining what marine life are living on it.

“We’ll compare that to samples we’ve taken of sea grass to see if the communities of animals living on them are similar or equivalent,” Middlebrooks said.

If they are, Middlebrooks said it will help guide sea grass restoration efforts. The parts of the bay with abundant caulerpa can be left alone longer, while areas without it are prioritized.

“This gives us maybe a little more time to see what’s gone wrong and cause the decline of sea grass in Tampa Bay,” Middlebrooks said. “We know that we can fix this, we’ve done it before. But our opportunities to do it quickly and easily are short.”

Funding for the research project is through a grant from the Tampa Bay Environmental Restoration Fund. It’s set to take three years to complete, with a second phase of tracking sea grass and caulerpa growth rates set to begin this summer.

Sea turtle nesting season starts May 1; Property owners urged to make sure lighting is ready

Sea turtle nesting season runs from May 1 through October 31, and early nesting activity has already been reported in Southwest Florida on Casey Key in Venice and Captiva Island in Lee County.

It’s time now to remind all property owners about the lighting that is required to help protect turtles and hatchlings during nesting season. Conventional lighting scares females from nesting and disorients hatchlings away from the Gulf, leading to exhaustion, dehydration, and death from falling into storm drains, passing cars, and predators.

Long wavelength amber bulbs in downward directed fixtures that shield the bulb from the beach are encouraged everywhere on the island, not just beachfront, because so many structures and vegetation that previously shielded light from the beach are gone due to Hurricane Ian. Besides lighting, it is also just as important to draw curtains closed at night.

Fort Myers Beach has adopted new sea turtle conservation rules as of 2022 when it comes to windows and glass slider doors. Windows and doors/sliders are required to have a light transmittance of 45% or less AND have a window cover installed. Read the Sea Turtle Conservation Ordinance.

Long wavelength amber bulbs can also be found online. Search for “sea turtle amber LED” and the bulb type that you need. It’s important to verify that the spectrum specifications of the bulb indicate 560 nm or greater.

One of the cheapest Florida Fish & Wildlife Conservation Commission certified wildlife lighting options that staff have found online is the FEIT A19 Red Bulb that screws into classic Edison fixtures. Please note, filter wraps, gels, and colored party bulbs are not compliant because sea turtles are sensitive to their light.