Miami-Dade DERM Environmental Permits – Complete Guide for Construction Projects 2026

The Miami-Dade County Department of Environmental Resources Management — universally known as DERM — is one of the most powerful and consequential regulatory agencies affecting construction in Miami-Dade County. DERM administers environmental permits for construction activities that impact water quality, wetlands, tree canopy, stormwater management, coastal resources, hazardous materials, and the county's unique natural environment. For any construction project in Miami-Dade County that involves land disturbance, proximity to water bodies, trees, or potentially contaminated soil, DERM review is not optional — it is mandatory, and failure to obtain required DERM permits before construction begins results in USD fines, stop-work orders, and potentially criminal environmental violations.

What is DERM and What Does It Regulate?

DERM is a division of Miami-Dade County's Department of Regulatory and Economic Resources (RER) and operates under authority of the Miami-Dade County Code, the Florida Environmental Reorganization Act, and various state and federal environmental laws. DERM has jurisdiction over all of Miami-Dade County — incorporated and unincorporated areas — for environmental matters, even in municipalities that have their own building departments for construction permits.

DERM's regulatory authority covers: wetland and surface water impacts; stormwater management system construction and modification; tree removal and relocation on both private and public property; contaminated site assessment and remediation; coastal construction activities; hazardous material storage tanks (underground and above-ground); air quality impacts from construction activities; and environmental review of building permit applications submitted to Miami-Dade County RER. DERM review is triggered automatically during the Miami-Dade County building permit application process when the permit application involves any of these regulated activities.

DERM Tree Permit Requirements

Miami-Dade County's urban tree canopy is protected by the Miami-Dade County Tree Preservation and Anti-Pollution Ordinance, administered by DERM. Any removal, relocation, or significant trimming (removing more than 25 percent of the crown) of protected trees on private property requires a Tree Removal Permit from DERM before the work begins — and certainly before any construction equipment disturbs the surrounding soil. Protected trees include native species such as live oak, sabal palm, gumbo limbo, mahogany, and others listed in the Miami-Dade County ordinance.

To obtain a tree removal permit, the applicant must submit a tree survey prepared by a qualified arborist or landscape architect identifying all protected trees on the site, their species, trunk diameter at breast height (DBH), and proposed disposition (remove, relocate, preserve). DERM staff review the survey and inspect the site. USD fees for tree removal permits are assessed per tree based on diameter class — larger trees carry higher fees. For every protected tree removed, Miami-Dade County typically requires mitigation — either replacement trees planted on-site or payment of USD tree mitigation fees into the county's tree fund.

For construction projects that require building permits from the Miami-Dade County RER Building Department, DERM's Urban Economic Development Division reviews the building permit application to verify tree permit compliance. Construction cannot begin and no building permit will be issued until DERM tree permit approval is in hand. Any unauthorized removal of protected trees — including by a contractor hired by the property owner — exposes the property owner to USD civil penalties and may require the planting of replacement trees at multiples of the original tree count.

DERM Wetland and Water Resource Permits

Miami-Dade County has extensive wetland systems including coastal mangroves, freshwater marshes, swamps, and the eastern boundary of the Everglades. Any construction that fills, dredges, excavates, or otherwise impacts wetlands or surface waters requires a Class I or Class III Water Resource Permit from DERM in addition to any permits required by the Florida Department of Environmental Protection (FDEP) or the U.S. Army Corps of Engineers.

Class I permits are required for work involving navigable waters, tidal waters, and significant inland water bodies. Class III permits cover non-navigable freshwater systems. The permit application requires environmental impact assessments, wetland delineation surveys, mitigation plans, and for significant impacts an alternatives analysis demonstrating that no practicable alternative exists that avoids the wetland impact. USD fees for water resource permit applications are based on the area of impact. Review timelines for water resource permits can range from 30 days to over one year for complex projects with significant wetland impacts.

DERM wetland permits are required even when the property owner believes their land is dry — historical wetland maps, soil classifications, and vegetative indicators can establish wetland jurisdiction over land that appears dry during certain seasons. Before any excavation or land clearing begins on a Miami-Dade County property, consult with a licensed environmental consultant to determine whether DERM water resource permit jurisdiction exists.

DERM Stormwater Management Permit Requirements

Miami-Dade County requires DERM review and approval of stormwater management systems for construction projects that create new impervious surface, expand existing impervious surface, or modify existing drainage patterns. The permit applicant must submit stormwater management plans sealed by a licensed Florida civil engineer showing existing and proposed drainage patterns, impervious surface calculations, water quality treatment volume calculations, and a description of the stormwater treatment system — such as retention ponds, exfiltration trenches, or pervious pavement systems.

Stormwater management requirements are derived from the Florida Building Code Chapter 5 (Civil), SFWMD rules, and Miami-Dade County's Stormwater Management Ordinance. Projects in Special Flood Hazard Areas (SFHA) mapped by FEMA must also comply with floodplain management requirements. USD fees for stormwater permit review are assessed per project. DERM stormwater review is typically concurrent with building permit plan review in Miami-Dade County but may add review cycles if the stormwater design does not meet county standards.

DERM Underground Storage Tank (UST) and Above-Ground Storage Tank (AST) Permits

Construction projects that install, modify, remove, or abandon underground petroleum storage tanks or above-ground storage tanks require DERM permits. This applies to gas stations, marinas, auto service facilities, industrial properties, and any facility that stores fuel, oil, or other regulated substances. UST registration with the Florida Department of Environmental Protection is required in addition to DERM permits.

If a construction project encounters an unexpected underground storage tank during excavation — which occurs regularly on older commercial and industrial properties — work must stop immediately and DERM must be notified. Unauthorized disturbance or removal of a UST is a serious violation carrying significant USD civil penalties. DERM will direct the scope of tank removal and soil contamination assessment.

DERM Contaminated Site Assessment and Remediation

Miami-Dade County has numerous properties with documented or suspected soil and groundwater contamination from historical industrial uses, dry cleaning operations, former gas stations, and agricultural chemical applications. Before construction begins on a property with known or suspected contamination, DERM requires a Phase I and potentially a Phase II Environmental Site Assessment (ESA) to identify contamination and assess the risk to human health and the environment.

If contamination is confirmed, a DERM-approved remediation plan must be developed and implemented before or concurrent with construction. Remediation costs can range from tens of thousands to millions of USD depending on the type and extent of contamination. Property owners who purchase contaminated sites without proper ESA documentation may inherit cleanup liability that exceeds the value of the property.

DERM Coastal Construction and Mangrove Protection

Miami-Dade County's mangrove forests are protected under both state and county law. Any alteration of mangroves — including trimming, clearing, or filling — requires a DERM coastal permit and a FDEP mangrove permit. Unauthorized mangrove alteration carries USD civil penalties of up to $50,000 per tree and requires restoration at multiple times the original impact area.

Construction within the Coastal Construction Control Line (CCCL) established by the Florida Department of Environmental Protection additionally requires a FDEP permit. Seawalls, docks, boat ramps, and other waterfront structures within Miami-Dade's jurisdictional waters require both a DERM Class I Water Resource Permit and state-level permits.

DERM Environmental Review During Building Permit Plan Review

When a building permit application is submitted to the Miami-Dade County RER Building Department, DERM automatically reviews the application for environmental triggers. DERM's review is one of the concurrent review disciplines alongside building/structural, mechanical, electrical, plumbing, and zoning. If DERM identifies environmental issues — such as tree impacts, drainage concerns, or proximity to protected water bodies — DERM will issue comments on the permit application that must be resolved before the building permit can be issued.

DERM reviewers, like all government professionals, can make errors. A DERM comment that cites an inapplicable ordinance, incorrectly identifies a tree species, or imposes a requirement not supported by the applicable regulation should be challenged formally in writing. Endless Life Design has documented and successfully challenged DERM errors on multiple projects, resulting in comment withdrawal and, in some cases, fee credits for USD costs caused by the erroneous review. Always engage a licensed environmental consultant when responding to DERM comments to ensure your response is technically sound and supported by applicable code.

USD Costs and Timelines for DERM Environmental Permits

DERM permits add time and cost to virtually every construction project in Miami-Dade County that involves significant site work. Tree removal permits: $200 USD to $2,000+ USD depending on tree count and size, plus mitigation fees. Water resource permits: $500 USD to $5,000+ USD depending on impact area. Stormwater permits: included in building permit fees for smaller projects; additional fees for large developments. UST removal permits: $500 USD to $2,000 USD plus remediation costs. Environmental consultant fees for report preparation: $2,000 USD to $50,000 USD depending on scope and complexity.

These costs and timelines must be incorporated into every project budget and schedule. Projects that are submitted for building permits without DERM pre-approval on environmental matters will receive DERM comments during review, adding weeks or months to the review cycle and requiring additional engineering and environmental consulting fees.