Tallahassee's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Tallahassee, Florida, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Flood Elevation Requirements

Tallahassee requires new and substantially improved residential structures in a mapped flood hazard area to sit at least two feet above the base flood elevation, a full foot of freeboard above FEMA's federal minimum, under Land Development Code § 6-62(1). Mechanical equipment must clear one foot above base flood elevation, and nonresidential buildings may floodproof instead of elevating.

Key details: Freeboard requirement: 2 ft above base flood elevation. Equipment elevation: At least 1 ft above BFE. Manufactured homes: 2 ft above BFE in zones A1-30/AH/AE. Nonresidential alternative: Floodproofing certified by PE/architect. Enclosure vents: 1 sq in per sq ft of enclosed area.

Failing to meet Chapter 6's elevation or floodproofing standards, or failing to submit the required elevation certifications, is cause for the building official to issue a stop-work order under § 6-32(b), and § 6-2 makes the underlying violation an offense punished under the general penalty, § 1-7: up to $500.00 in fines, up to 60 days in jail, or both, with each day of continued noncompliance a separate offense.

Flood Zones

Tallahassee requires a floodplain development permit before any development activity, including fill, grading, or structural work, inside the areas of special flood hazard shown on the city's FEMA flood insurance rate map. Land Development Code § 6-32 puts the building official in charge of reviewing plans, elevation data, and drainage details before work begins.

Key details: Permit required: Before any development in flood hazard area. Administered by: City building official. Variances heard by: Environmental Board. FIRM effective date: March 16, 2005. Large subdivisions: >50 lots or 5 acres need BFE data.

Section 6-2 makes violating Chapter 6, including violating conditions attached to a variance, an offense punished under the Code's general penalty, Land Development Code § 1-7: a fine of not more than $500.00, up to 60 days in jail, or both, plus costs. Each day a violation continues counts as a separate offense, and the city may still pursue other lawful remedies, including a stop-work order, on top of any fine.

Erosion Control

Every environmental management permit application in Tallahassee must include a sediment and erosion control plan under Land Development Code Sec. 5-88. Sites cleared for more than 14 days without active work must be stabilized with vegetative ground cover, and failure to follow the plan brings an immediate stop-work order.

Key details: Governing law: LDC § 5-88. Stabilization deadline: 14 days of inactivity. Silt fence standard: FDOT Type IV minimum. Bench spacing on slopes: Every 15 vertical feet. Severe-grade barrier: Double row Type IV silt fence + hogwire.

Failing to properly execute the sediment and erosion control plan, or any permit condition tied to it, results in immediate issuance of a stop-work order under Sec. 5-88 that stays in effect until growth management staff confirms the site is stabilized and back in compliance. Sediment that accumulates in the stormwater system from construction activity must be removed immediately, and the environmental inspector can require additional best management practices beyond what the approved plan specifies at any point during construction.

Stormwater Management

Development that changes stormwater's predevelopment rate, volume or direction off-site needs approved treatment under Land Development Code Sec. 5-86. Wet detention ponds must capture at least the first three inches of rainfall, and post-development discharge rates cannot exceed predevelopment rates for storms up through a 25-year event.

Key details: Governing law: LDC § 5-86. Wet detention minimum: First 3 inches of rainfall. Small-site option: 1.5 inches for sites under 100 acres. Rate control storm event: Up to 25-year return frequency. Facility retaining wall cap: 15 feet.

Failing to operate and maintain a stormwater management facility according to its approved permit, operation and maintenance plan is a violation of Sec. 5-86(g)(1), and sites that don't meet the water quality or rate control standards in subsections (c) and (d) cannot obtain the environmental management permit needed to build. The city administers a stormwater utility fee under subsection (h) that funds a retrofit program for older sites that predate current water quality requirements.

The Bottom Line

Tallahassee's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Tallahassee is broadly strict or permissive.

This guide is based on Tallahassee's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.