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Lee County, FL Environmental Rules: Erosion Control (2026)

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

City-specific rules exist: Fort Myers, and Cape Coral have their own erosion control rules that differ from Lee County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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.

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 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?
Section 14-476(b) requires an SWP3 for any development approval covering construction that disturbs more than one acre, submitted before development order approval or, if no development order applies, before the building or vegetation-removal permit is issued.
Who can prepare an SWP3 for a Lee County construction site?
Section 14-477 requires the plan be prepared by a professional engineer licensed in Florida, following DEP Document No. 62-621, and it must use erosion and sediment control best management practices from the Florida Stormwater Sedimentation Control Inspector's Manual or a similar guidance document.
What can Lee County do if a construction site is violating its erosion control plan?
Section 14-479 authorizes the administrator to issue an immediate stop-work order, cite the violator before the Hearing Examiner, refer the matter to SFWMD, EPA or FDEP, or seek an injunction, and these remedies can be combined based on the severity of the violation.

Sources & Official References

Other rules in Lee County

All Lee County rules

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