Florida Stormwater Regulations

State Regulatory Overview

Florida's stormwater regulatory system is more complex than most states because it involves two separate levels of permitting authority. The Florida Department of Environmental Protection (FDEP) administers the federal NPDES stormwater permit program, including construction general permits, MS4 permits, and industrial stormwater permits. FDEP also establishes statewide water quality standards and oversees the Coastal Construction Control Line (CCCL) program.

Florida's five water management districts share the Environmental Resource Permit (ERP) program with FDEP, and each issues ERPs inside its own boundary (F.S. 373.069). The St. Johns River Water Management District (SJRWMD) covers northeast and east-central Florida, including Duval, Nassau, St. Johns, and Volusia counties and the northern, central, and eastern parts of Orange County. The South Florida Water Management District (SFWMD) covers the south-central and southwestern part of Orange County, and Marion County is split between SJRWMD and the Southwest Florida Water Management District (SWFWMD). ERPs regulate the design, construction, and maintenance of stormwater management systems. While NPDES permits focus on pollutant discharges, ERPs address the physical infrastructure, including treatment volumes, discharge rates, flood control, and wetland impacts. Most development projects need both.

The Clean Waterways Act, SB 712 (2020), amended state law on stormwater management, total maximum daily loads, basin management action plans, and enforcement. SB 7040 (2024) then ratified FDEP's updated ERP stormwater rules, which add nutrient reduction standards for total phosphorus and total nitrogen for applications deemed complete after December 28, 2025. Properties discharging to impaired waterways may also face basin management action plan requirements beyond standard ERP conditions.

County Coverage

This hub covers 6 Florida counties with county-level data: Duval, Nassau, and St. Johns in northeast Florida, Volusia on the east-central coast, and Orange and Marion inland. The Penalties column shows the F.S. 403.141 civil penalty ceiling, plus a county figure where the county page sets one out.

Key State Laws

• Florida Air and Water Pollution Control Act (F.S. 403) - The primary environmental enforcement statute. Authorizes FDEP to issue permits and set water quality standards. Civil penalties reach $15,000 per offense, with each day a separate offense (F.S. 403.141), and willful pollution is a third-degree felony with a fine up to $50,000 per offense (F.S. 403.161).
• Environmental Resource Permit Rules (F.A.C. 62-330) - Governs the ERP program administered by FDEP and the five water management districts. Establishes stormwater design criteria, treatment volumes, and discharge rate standards. Each district's Applicant's Handbook Volume II adds district-specific criteria, so a project follows the handbook for the district it sits in.
• Coastal Construction Control Line (F.S. 161) - Establishes the CCCL along Florida's sandy beaches. Development seaward of the CCCL requires special FDEP permits with enhanced structural and stormwater standards to protect beach and dune systems.
• Clean Waterways Act - SB 712 (2020) - Amended state law on stormwater management, total maximum daily loads, basin management action plans, and enforcement, and set the stage for FDEP's stormwater rule update.
• SB 7040 - Stormwater Rule Ratification (2024) - Ratified FDEP's updated ERP stormwater rules in F.A.C. 62-330. The rules add nutrient performance standards (80% TSS, 80% total phosphorus, 55% total nitrogen reduction for standard projects) and O&M cost estimate requirements for applications deemed complete after December 28, 2025.
• Florida Water Resources Act (F.S. 373) - Framework for the five water management districts, including SJRWMD, SFWMD, and SWFWMD, with district boundaries set in F.S. 373.069. Covers consumptive use permitting, surface water management, and environmental resource permitting authority.

Permit Types

Environmental Resource Permits (ERPs)

ERPs are Florida's signature stormwater permit, combining wetland, stormwater, and surface water management into a single authorization. The water management district for the project location issues ERPs based on project size: general permits for smaller projects, standard general permits for moderate projects, and individual permits for large or complex developments. ERPs set design standards including treatment volume (typically the first inch of rainfall), discharge rates, and BMP specifications.

NPDES Construction General Permit

FDEP's CGP covers land-disturbing activities of one acre or more. It requires a Notice of Intent, Stormwater Pollution Prevention Plan (SWPPP), and erosion and sediment controls during construction. This permit runs alongside the ERP. The CGP addresses pollutant discharges during construction, while the ERP governs the permanent stormwater system design.

MS4 Permits

Duval County (Jacksonville) and Orange County hold Phase I MS4 permits, and the City of Orlando holds its own Phase I permit. Nassau, St. Johns, Marion, and Volusia counties hold Phase II coverage under FDEP's generic permit. These permits require stormwater management programs that include public education, illicit discharge detection, construction site controls, and post-construction BMP maintenance enforcement. Jacksonville's consolidated city-county government runs one of the largest MS4 programs in the Southeast.

CCCL Coastal Construction Permits

Properties seaward of the Coastal Construction Control Line need a separate FDEP permit that imposes enhanced stormwater requirements to protect beach and dune systems. Of the counties covered here, these permits matter for oceanfront developments in Duval, Nassau, St. Johns, and Volusia counties. Stormwater from CCCL projects typically cannot discharge directly to the beach or dune system.

Frequently Asked Questions