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Daytona Beach, FL Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
LDC § 7.2.M.2, Stormwater Management Plan
Trigger
Clearing, grading, filling, or new construction
Certification includes
Must control soil erosion on site
Minor commercial threshold
Impervious increase under 1,000 sq ft
Enforcement
C.O. denied if not built per plan

Summary

Before clearing, grading, filling, or building anything in Daytona Beach, developers must get a stormwater management plan approved under Land Development Code Section 7.2.M.2. The plan's certification has to promise the project will not cause flooding or soil erosion, and the City can refuse a certificate of occupancy if construction does not match what was certified.

M.Stormwater Management....2.Stormwater Management Plan Required.a.The following activities may potentially alter or disrupt existing runoff patterns. Prior to undertaking any such activity, a stormwater management plan shall be submitted and approved....c.The stormwater management plan for development described herein shall include:...iii.The owner or developer shall certify that the development as constructed will operate as follows:(a)Not obstruct the natural flow of stormwater runoff.(b)Not drain stormwater runoff onto adjacent lands not now receiving runoff from the project area.(c)Not increase stormwater runoff to adjacent lands.(d)Not concentrate the discharge of runoff onto adjacent lands in such a manner as to present a flooding hazard or cause soil erosion.(e)Not adversely affect adjacent lands and structures.(f)Provide a positive drainage outlet from the site.(g)Not adversely impact adjacent wetlands or watercourses.(h)Employ measures to control soil erosion on the site.(i)Provide positive conveyance away from the foundation of the structure. ... d.A Certificate of Occupancy for any development shall be denied if construction is not completed consistent with the certifications contained in the stormwater management plan.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

2, Stormwater Management Plan Required, of the Land Development Code triggers a mandatory stormwater management plan before any clearing, draining, compacting, filling, grade change, or excavation; before subdividing or replatting land; before converting agricultural land to another use; before building or enlarging a structure; before changing the use of land; and before altering the shoreline or bank of a surface water body. The plan must identify the developer and owner, describe the project, and include the owner or developer's certification that the finished development will not obstruct natural stormwater flow, will not drain or concentrate runoff onto adjacent land in a way that risks flooding or soil erosion, will not adversely affect neighboring land, will provide a positive drainage outlet, will not harm adjacent wetlands or watercourses, will employ measures to control soil erosion on the site, and will route water away from the structure's foundation.

Smaller projects get a lighter path: single-family and duplex residences can satisfy the requirement by filing a plan with the building permit or site plan application, and minor commercial projects can do the same as long as the added impervious area stays under 1,000 square feet, grades are not changed, and no existing stormwater system or drainage pattern is altered. A handful of activities are exempt outright, including bona fide agricultural operations, maintenance of existing mosquito-control canals, and maintenance of existing pavement, buildings, or drainage structures.

The requirement doesn't block emergency work needed to prevent property damage during a hurricane, though the owner still has to report the emergency action within ten days.

Violations & Fines

A Certificate of Occupancy has to be denied for any development that was not built consistent with the certifications in its approved stormwater management plan, including the certification that the project employs measures to control soil erosion on the site. Skipping the plan altogether, or building something that does not match what was submitted, stops the project from being legally occupied.

Frequently Asked Questions

Does Daytona Beach require an erosion control plan for construction?
Yes, folded into the stormwater management plan required under LDC Section 7.2.M.2 before clearing, grading, filling, or building. The plan's certification must promise the finished project will employ measures to control soil erosion on the site.
Do single-family homeowners need a separate stormwater plan?
No. Single-family and duplex construction on an existing lot can satisfy the requirement simply by filing the plan with the building permit or site plan application rather than a stand-alone review.
What happens if a project isn't built the way the stormwater plan promised?
The City has to deny the Certificate of Occupancy. Construction that does not match the certified plan, including its erosion-control commitments, cannot be occupied until it's brought into compliance.
Is any construction exempt from the stormwater/erosion plan requirement?
Yes. Bona fide agricultural work, maintenance of existing mosquito-control canals, and maintenance of existing pavement, buildings, or drainage structures are exempt, along with emergency work needed to prevent storm or hurricane damage.

Sources & Official References

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