Cape Coral, FL Environmental Rules: Stormwater Management (2026)

S. S. Chapter 197. Under § 22-4, the Council adopts an annual stormwater resolution before September 15 each fiscal year; any parcel newly subjected to the fee, or hit with a fee above the prior year's cap, gets a public hearing first. Once adopted, the fee becomes a lien equal in rank to state, county and municipal tax liens. Section 22-5 has the Stormwater Director compute each fee from the parcel's Equivalent Residential Units, based on dwelling units or impervious area obtained from the Lee County Property Appraiser.

5% penalty every month on the outstanding balance. Section 22-7 exempts state-owned mangrove wetlands outright and lets an owner apply for exemption if the parcel is undeveloped and does not abut a street or waterway, or if it retains all runoff from a 25-year, 3-day storm event. Disputed fees go to a Special Master under § 22-8, a licensed professional engineer appointed annually by Council, who hears appeals filed within 30 days of a denial. Persistently delinquent accounts move to the lien roll under § 22-11: the Clerk publishes notice for two consecutive weeks, the Council holds a hearing, and owners get a further 30-day window to pay before the lien records with the Lee County Clerk of Circuit Court; unpaid liens can be foreclosed like special-assessment liens, with the owner on the hook for attorney's fees. Property owners can also buy into a master stormwater system under § 22-12 by paying an in-lieu-of fee set by Council resolution.