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Indian River County, FL Environmental Rules: Erosion Control (2026)

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

Key Facts

Permit
Environmental Resource Permit
Statute
Fla. Stat. §373.413
County review
Land development code drainage plans
Common law
No unreasonable runoff onto neighbors
Authority
St. Johns River Water Mgmt District

Summary

Grading and drainage in Indian River County are governed by the Environmental Resource Permit and the county land development code. Under Fla. Stat. §373.413, altering land drainage through a stormwater system requires District approval so water resources are not harmed.

These county ordinances apply to unincorporated areas of Indian River County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Except for the exemptions set forth herein, the governing board or the department may require such permits and impose such reasonable conditions as are necessary to assure that the construction or alteration of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works will comply with the provisions of this part and applicable rules promulgated thereto and will not be harmful to the water resources of the district.

Source: Florida StatutesView official code

Full Breakdown

Reshaping land, filling low spots, or redirecting drainage in Indian River County engages both the county's land development code and state water law. An Environmental Resource Permit from the St. Johns River Water Management District under Fla. Stat. §373.413 is required where grading creates or alters a stormwater management system. In the flat coastal terrain around Vero Beach, Sebastian, and the lagoon-front subdivisions, drainage swales and canals carry runoff toward the Indian River Lagoon, and the county reviews grading and drainage plans to keep water off neighboring lots and treat runoff before discharge. Florida's common-law reasonable-use rule bars a landowner from unreasonably diverting surface water onto adjoining property. Work near the lagoon or wetlands triggers additional permits.

Frequently Asked Questions

Do I need a permit to regrade my Indian River County lot?
If grading creates or alters a stormwater management system, an Environmental Resource Permit under Fla. Stat. §373.413 applies, plus county land-development-code drainage review.
Can I regrade to drain toward my neighbor?
No. Florida's reasonable-use rule bars unreasonably diverting surface water onto adjoining property, and doing so creates civil liability for the resulting flood damage.

Sources & Official References

Other rules in Indian River County

All Indian River County rules

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