Lee County, FL Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- Construction disturbing more than 1 acre
- Plan preparer
- State-licensed professional engineer
- NOI deadline
- Filed with FDEP 48 hours before construction
- County MS4 permit number
- FLS000035
- Enforcement
- Natural Resources Division / Code Enforcement
Summary
Construction disturbing more than one acre in unincorporated Lee County must have a Stormwater Pollution Prevention Plan (SWP3) prepared by a licensed engineer, on file with the County before development order approval and kept on site throughout construction.
Submit an SWP3 for construction meeting the criteria set forth in Section 14-477, prior to development order approval. If a development order is not required, then the SWP3 must be submitted prior to building (or vegetation removal) permit issuance. ... For the purposes of this article, all SWP3s must: a.Comply with the requirements of 40 CFR 122.26; b.Use best management practices for sediment and erosion control as outlined in the Florida Stormwater Sedimentation Control Inspector's Manual or a similar quality guidance manual; c.Be prepared by a State-licensed professional engineer in accordance with DEP Document No. 62-621; and d.Remain on site and be available for review during all phases of construction and, if required, during on-going operations activity.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).
Full Breakdown
Chapter 14, Article VII of the Land Development Code implements Lee County's National Pollution Discharge Elimination System (NPDES) permit, number FLS000035, for its Municipal Separate Storm Sewer System. Section 14-476(b) requires every development approval for construction disturbing more than one acre to submit an SWP3 meeting Section 14-477's criteria before development order approval, or before the building or vegetation-removal permit if no development order is required. At the Director's discretion, a licensed professional engineer may instead certify by affidavit that the SWP3 has been prepared and will be available on site during construction.
26, use of best management practices for sediment and erosion control drawn from the Florida Stormwater Sedimentation Control Inspector's Manual or an equivalent guidance manual, preparation by a state-licensed professional engineer under DEP Document No. 62-621, and the plan must physically remain on site for review through every phase of construction and ongoing operations if required. Section 14-476(b)(3) additionally requires filing a Notice of Intent with the Florida Department of Environmental Protection's Tallahassee office and with County development services staff at least 48 hours before construction starts. Enforcement runs through the Natural Resources Division and Code Enforcement, coordinating with the South Florida Water Management District, EPA and FDEP under Section 14-479.
Violations & Fines
Section 14-479 lets the administrator pursue a stop-work order, a Hearing Examiner citation under Chapter 2, Article VII, referral to a state or federal agency, or injunctive relief, in any combination, based on the nature and magnitude of the violation. A stop-work order takes effect on delivery or, if hand delivery fails, once posted on the property for at least 24 hours, and work stays halted until the administrator's stated conditions for resuming are met. Administrative shutdown decisions can be appealed by Petition for Writ of Certiorari to the Circuit Court.
Frequently Asked Questions
When does Lee County require a stormwater pollution prevention plan for construction?
Who can prepare an SWP3 for a Lee County construction site?
What can Lee County do if a construction site is violating its erosion control plan?
Sources & Official References
Other rules in Lee County
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