Winter Haven's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Winter Haven, 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

Winter Haven Code of Ordinances Section 5-23 amends the Florida Building Code to require new buildings' lowest floors to sit at least 2 feet above the base flood elevation, the ASCE 24 standard, or the 100-year elevation, whichever sets the highest floor. A FEMA Elevation Certificate must document the finished height.

Key details: Freeboard: Base flood elevation plus 2 feet. Other flood areas: 2 ft above highest adjacent grade, or 100-yr. Standard used: ASCE 24, whichever is higher. Documentation: FEMA Elevation Certificate at each inspection stage. Governing law: Winter Haven Code § 5-23, amending FBC.

Section 5-23 does not print its own fine; noncompliant flood-zone construction is enforced through the building official's plan review and inspection authority under Article II, and the certificate of occupancy required by Section 5-10 cannot be issued for a building that is not built in conformity with this chapter. A structure found in violation falls back on the Code's general penalty at Section 1-13, up to $500 per day.

Flood Zones

Winter Haven requires a floodplain development permit for any construction, fill, grading, or utility work wholly or partly inside a mapped flood hazard area, administered under the Unified Land Development Code's floodplain management division and tied to the adopted Polk County flood insurance rate maps.

Key details: Governing rule: ULDC Art. V, Div. 1, Secs. 21-255 to 21-271. FIRM basis: Polk County flood study dated Dec. 22, 2016. Zone X standard: Lowest floor 2 ft above grade or 100-yr elevation. Permit expiration: Voids if work not started in 180 days. Floodplain administrator: City's senior design engineer.

Development performed without an issued permit, in conflict with an issued permit, or that otherwise fails to comply with the floodplain division is deemed a violation. The floodplain administrator can issue a notice of violation or a stop-work order to the property owner, the owner's agent, or whoever is performing the work. Continuing work after a stop-work order or violation notice, beyond what is directed to remedy the violation, makes the responsible person subject to penalties as prescribed by law.

Erosion Control

Winter Haven requires developers building under a site development plan, subdivision review, or infill single-family project to follow standard USDA erosion-control practices during construction and to mulch, seed, or sod every disturbed area afterward, with unmaintained, eroding sites treated as code violations.

Key details: Standard required: USDA Erosion Control Handbook Florida, or City-approved details. Applies to: Site plans, subdivisions, infill single-family construction. Post-construction duty: Mulch, seed, or sod all disturbed areas. Violation trigger: Unmaintained groundcover causing erosion or soil loss. Default penalty: Fine up to $500; each day a separate offense.

Removing or failing to maintain the required post-construction groundcover, in a way that causes on-site or off-site erosion or windblown loss of soil, is itself declared a violation of the erosion control section. Because Division 5 sets no specific penalty for that violation, the Code's general default penalty clause applies: a fine of up to $500, with each day a violation continues counted as a separate offense.

Stormwater Management

Winter Haven requires most new development and redevelopment to submit a stormwater management plan and hold post-development runoff at or below pre-development levels under Unified Land Development Code Section 21-161. Owner-occupied single-family lots and small redevelopment projects under half an acre are exempt.

Key details: Runoff standard: Post-development peak ≤ pre-development peak. Design storm: 10-year (roads) or 25-year (other uses). Treatment: 0.5-2 acres: 1/4 inch of impervious runoff. Treatment: 2+ acres: 1/2 inch of impervious runoff. Exempt lots: Owner-occupied single-family, under 1/2 acre.

The City Engineer can require corrective maintenance, repair or replacement of a noncompliant stormwater system and has inspection access to stormwater facilities under Section 21-161(f). Failing to submit an approved stormwater management plan before development, or exceeding the allowed post-development discharge rate, blocks issuance of the Development Approval Certificate and building permit and is enforceable under the Winter Haven Code of Ordinances.

The Bottom Line

Winter Haven'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 Winter Haven is broadly strict or permissive.

These rules come from Winter Haven's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.