Lee County, FL Environmental Rules: Stormwater Management (2026)
Key Facts
- Design standard
- South Florida Water Management District requirements
- Local street crown elevation
- 5.5 feet above mean sea level minimum
- Caloosahatchee River streets
- 6.0 to 7.0 feet crown elevation
- Compliance shortcut
- Valid SFWMD permit deemed compliant
- Maintenance
- Owner/HOA covenant, not County, per § 10-327
- Maximum penalty
- $500 fine, 60 days jail, per § 1-5(c)
Summary
Every new development in unincorporated Lee County must control its own stormwater runoff, and the on-site system has to follow South Florida Water Management District design standards for attenuation and retention. A permit from SFWMD satisfies the County's own review, and subdivision streets carry their own minimum crown elevations to keep roads above the water table.
A stormwater management system must be provided for the adequate control of stormwater runoff that originates within a development or that flows onto or across the development from adjacent lands. All stormwater management systems must be designed in accordance with South Florida Water Management District (SFWMD) requirements and provide for the attenuation/retention of stormwater from the site. Issuance of a SFWMD permit addressing the requirements set forth in this section will be deemed to establish compliance with this section... Except as provided in Subsection (d) of this section, minimum elevation of the crown of local subdivision streets must be 5.5 feet above mean sea level (USC and GS) datum.
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
Section 10-321 of the Land Development Code requires every development to provide a stormwater management system that controls runoff originating on site and runoff that flows onto or across the site from neighboring land. Design must follow South Florida Water Management District (SFWMD) requirements and provide for attenuation or retention of the runoff; a SFWMD permit addressing those requirements is deemed to establish compliance, and County review can then narrow to external impacts and wet-season water table elevation. 3, while projects inside urban areas must mimic natural drainage systems where feasible, per the design techniques specified in § 10-418.
P. Franklin Dam. Site grading for every development must match the approved development order and meet the performance standards of § 34-3104(b). The code itself warns designers that many areas of the County need street crown elevations well above these minimums, and cautions that meeting only the stated floor is no guarantee against flooding that could threaten health or property. The stormwater system itself is never dedicated to or maintained by the County; § 10-327 requires it stay with the land through a maintenance covenant, typically an HOA or condo association, enforceable by the beneficiaries.
Violations & Fines
There's no separate stormwater fine schedule in Division 3; enforcement runs through the Land Development Code's general penalty at § 1-5(c). A conviction for building or grading without an approved stormwater management system, or grading a site so it dumps runoff onto a neighbor's property, carries a fine up to $500, up to 60 days in the County Jail, or both, with each day a violation continues charged as a separate offense.
Frequently Asked Questions
Does Lee County require a stormwater permit for new construction?
Who maintains the stormwater system after a subdivision is built?
How high must a subdivision street be built above sea level in Lee County?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.