Volusia County, FL Stormwater Regulations

Volusia County holds Phase II MS4 coverage under FDEP's generic permit and regulates stormwater in its unincorporated area through Chapter 72, Division 8 of the county code. The St. Johns River Water Management District issues Environmental Resource Permits countywide. Springs, lagoon, and Tomoka River and Spruce Creek basin rules add requirements, and county code enforcement fines reach $1,000 per day for a first violation.

Primary source: Volusia County Code, Chapter 72, Article III, Division 8 (Stormwater Management)

Permit Requirements

Most Volusia County projects need two state permits. FDEP's NPDES Construction Generic Permit covers sites that disturb one acre or more. The St. Johns River Water Management District issues the Environmental Resource Permit for the stormwater system itself, and SJRWMD lists Volusia among the counties that sit entirely inside the district. That makes SJRWMD the only water management district you deal with here.

In unincorporated Volusia County, a county stormwater management development permit is also required before you develop land, change its use, or build or enlarge a structure. Section 72-777 exempts single-family and duplex homes and their accessory structures, bona fide agriculture, and a one-time structure or paving job of up to 1,000 square feet of impervious area. Projects going through subdivision or site plan review get their stormwater review inside that process.

The code sorts projects into two tiers. A lesser development is a lot under one acre with more than 1,000 but less than 5,000 square feet of impervious area, or impervious coverage under 25 percent. A standard development has 5,000 square feet or more of impervious area, 25 percent or more impervious coverage, or a lot of one acre or larger. Plans must be prepared by a Florida registered engineer with a geotechnical report, and the county won't issue a development order until any required SJRWMD permit is approved.

Inside the 16 cities, the city handles permitting. The county's Chapter 50 minimum environmental standards still apply in incorporated and unincorporated areas alike, and cities may adopt stricter rules.

Inspection Obligations

Construction sites follow the inspection schedule in FDEP's Construction Generic Permit: at least once every 7 calendar days and within 24 hours after a storm of 0.50 inches or more.

After construction, the owner maintains the system. The county code doesn't set a fixed inspection interval for private ponds in the unincorporated area. Instead, the county inspects and responds to reports of neglected or failing ponds owned by HOAs, businesses and private owners, and can require them to clear obstructions, restore drainage or make repairs. Owner-maintained systems must have easements that let the county inspect, and county inspectors have right of entry to check permit compliance. SJRWMD operating permit conditions set the inspection and reporting schedule for ERP-permitted systems.

Properties that take a stormwater utility fee credit carry extra duties. The county may inspect the facility every year, deficiencies must be fixed within 60 days of notice, and every fifth year the owner must document proper operation with photographs, a signed affidavit, and a Florida professional engineer's certification.

Penalty Structure

Under the county's general penalty section, a violation of the stormwater rules can bring a fine of up to $500, up to 60 days in the county jail, or both. Each day a violation continues is a separate offense.

Cases can also go to the county code enforcement board, which can impose fines of up to $1,000 per day for a first violation, up to $5,000 per day for a repeat violation, and up to $15,000 per violation if the board finds it irreparable or irreversible. If an owner hasn't started corrective work within 30 days of a maintenance notice, the county can pursue code enforcement or do the work itself and place a lien on the property. The county can also issue stop-work orders, revoke permits obtained through false statements, and order illicit discharges to stop.

State penalties under Florida Statutes Chapters 373 and 403 apply on top of county fines. Willful pollution violations are a third-degree felony with fines up to $50,000 per offense. The county fertilizer ordinance carries its own civil penalty: $50 for a first violation, rising to $500 for a fourth or later violation within five years.

Key BMPs

Volusia County's code and SJRWMD's basin rules shape which BMPs work here:

• Wet detention ponds - The code asks that permanently wet ponds be designed and maintained to resemble a natural pond, with a littoral zone of native aquatic plants and a deep open-water zone. Side slopes can be no steeper than 4:1 down to two feet below the seasonal low water level.
• Retention areas - Lesser developments must retain one-half inch of runoff over the whole project area. Where soils or groundwater won't let that volume percolate within five days, the county engineer may approve detention with filtration instead.
• Oil and floatables treatment - Runoff must be treated to remove oil and floatable solids before it leaves the site, and direct discharge to Class II waters is prohibited without a workable filter system.
• Recharge retention in the Tomoka River and Spruce Creek basins - Under SJRWMD rule 40C-41, projects in the Most Effective Recharge Area must retain three inches of runoff from directly connected impervious areas. Systems serving more than 10 acres can't rely on detention with filtration alone.
• Low impact development - Since February 2025, the county has a voluntary LID and green stormwater infrastructure program for unincorporated areas, guided by a Low Impact Development Guidance Manual dated August 2024.

Local Ordinances

The main county rule is Chapter 72, Article III, Division 8 of the Land Development Code. Ordinance 2025-06, adopted February 11, 2025, added requirements for at least two soil borings per acre within the pond footprint, pond design based on the measured seasonal high-water elevation plus 6 inches, an emergency spillway, and tailwater elevations tied to a county-approved basin study. The online code hadn't folded those changes in when we checked, so confirm the current text with the county.

Chapter 50, Article VII bans illicit discharges and connections to the county storm sewer system and requires structural BMPs to be operated and maintained as permitted. The Indian River Lagoon overlay zone (Chapter 72, Article III, Division 16) covers the unincorporated area south of New Smyrna Beach between U.S. 1 and the ocean. There, homes and additions of 250 square feet or more must retain one-half inch of runoff over the lot, and development must keep at least 35 percent of the site in native vegetation.

The stormwater utility (Chapter 122, Article IV) charges developed property in the unincorporated area based on impervious area. The county's fiscal year 2025-2026 fee schedule lists $96.00 for a full year. Facilities with an SJRWMD permit and an engineer's certification can qualify for a 34 percent or 68 percent credit.

The county fertilizer ordinance bans nitrogen and phosphorus fertilizer from June 1 through September 30, bars fertilizer within 15 feet of ponds, canals, wetlands and seawalls, and allows phosphorus only when a soil or tissue test shows a deficiency. The county says it applies countywide except in Deltona, which has its own ordinance. That matters for pond banks, golf courses and HOA common areas.

State basin plans add another layer. West Volusia sits in the 2025 Volusia Blue Spring, DeLeon Spring and Gemini Springs BMAPs, where state law restricts new septic systems on lots of one acre or less if sewer is available. The Lakes Harney and Monroe BMAP covers portions of the county in the Middle St. Johns River basin. Southeast Volusia falls under the Mosquito Lagoon Reasonable Assurance Plan and the North Indian River Lagoon BMAP. FDEP posts all of these on its BMAP documents page.

On the beaches, Volusia County has an established Coastal Construction Control Line (Rule 62B-26.023, F.A.C.). Construction, excavation or alteration seaward of the line needs a separate FDEP permit.