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Bonita Springs, FL Environmental Rules: Stormwater Management (2026)

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

Key Facts

Public nuisance trigger
Excessive unmanaged vegetation that could flood other properties
Excessive vegetation test
At least 50 percent of surface area overgrown
Abatement standard
Less than 25 percent of surface area overgrown
Who determines
City public works director or designee
Cost recovery
City bills all abatement costs, with a lien if unpaid
Adopted
Ordinance No. 15-04, 2-4-2015

Summary

In the City of Bonita Springs, Lee County, Florida, Sec. 44-45 declares a private stormwater conveyance system with excessive unmanaged vegetation that could flood other properties a public nuisance. The public works director or designee makes the call, and code enforcement follows up with abatement at the owner's cost.

Any stormwater conveyance system which is determined to contain excessive unmanaged vegetation and which may cause flooding of other properties, public or private, are hereby declared to be a public nuisance and are prohibited. Declaration of the above conditions will be at the determination of the city's public works director or his designee.

Full Breakdown

The Bonita Springs City Council enacted Article III of Chapter 44 through Ordinance No. 15-04 on 2-4-2015, and Sec. 44-42 titles it the City of Bonita Springs Stormwater Conveyance Maintenance Ordinance. Sec. 44-43 applies it to all private property within the corporate boundaries and states that it does not replace land development code section 3-420 or relieve an owner of existing duties to maintain drainage. Sec. 44-44 defines a stormwater conveyance system as a drainage ditch or swale, pond, inlet structure, outlet structure or pipe located within a drainage easement or other private property and used for transporting stormwater runoff.

Excessive vegetation means unmanaged growth that impedes or is likely to impede normal stormwater flow, and the public works department finds it when at least 50 percent of the surface area is overgrown. The definition excludes the understory of protected hammocks and managed vegetation within wetlands and stormwater retention pond littoral zones. Private lands exclude property owned by federal or state governments, Lee County, the City of Bonita Springs or any other governmental agency, including community development districts. Sec. 44-41 records the council findings that neglected ditches, blocked pipes and swales impede flow and harm adjacent and upstream properties.

Under Sec. 44-46(a), the public works director or designee refers each case to the code enforcement department. Chapter 48 separately sets up the city stormwater utility, with a stormwater service assessment roll and a stormwater improvement assessment roll approved by annual council resolution.

Violations & Fines

Under Sec. 44-46, a violator is prosecuted through code enforcement or brought before the code enforcement hearing examiner under section 2-107 et seq., and each separate occurrence is a separate violation. A nuisance counts as abated once less than 25 percent of the surface area is overgrown, and the city manager can sign compliance agreements for abatement or long-term maintenance. If the responsible party does not abate, the city can petition the hearing examiner to do the work and bill all costs, including administrative and legal fees, with an unpaid bill imposed as a lien on the property under F.S. ch. 162.

Frequently Asked Questions

What makes a drainage ditch a public nuisance in Bonita Springs?
Sec. 44-45 declares a private stormwater conveyance system a public nuisance when it contains excessive unmanaged vegetation and may cause flooding of other properties, public or private. Sec. 44-44 sets the measure: excessive vegetation is found when at least 50 percent of the surface area is overgrown.
Who decides whether my swale or retention pond is out of compliance?
The declaration is at the determination of the city's public works director or designee under Sec. 44-45, and the public works department determines excessive vegetation under Sec. 44-44. Under Sec. 44-46(a), that office then refers the case to the city's code enforcement department for follow-up.
How does the nuisance get cleared in Bonita Springs?
Sec. 44-46(c) treats the nuisance as abated when less than 25 percent of the surface area is overgrown, and the city manager can enter compliance agreements. If the owner does not act, Sec. 44-46(d) lets the city petition the hearing examiner to abate the violation and bill every cost, secured by a lien if unpaid.
Does the ordinance cover ponds owned by a community development district?
No. Sec. 44-44 defines private lands as all real property not owned by federal or state governments, Lee County, the City of Bonita Springs or any other governmental agency, including community development districts. Sec. 44-43 applies the article to private property within the city, so a district-owned conveyance falls outside the definition.

Sources & Official References

Other rules in Bonita Springs

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