Okaloosa County, FL Environmental Rules: Stormwater Management (2026)
Key Facts
- Permit trigger
- Building/altering a stormwater system (§ 373.413(1))
- Application must show
- Owner name, address, legal description (§ 373.413(2))
- Willful pollution penalty
- 3rd-degree felony, up to $50,000/5 yrs
- Reckless permit violation
- 2nd-degree misdemeanor, up to $10,000/60 days
- Rainwater exemption
- Natural persons keep right to capture water (§ 373.406(1))
- Local layer
- County Stormwater Utility fee (§ 8-31)
Summary
Florida Statutes Section 373.413 requires a permit before anyone constructs or alters a stormwater management system, dam, impoundment or appurtenant work, administered by the governing water management board or the state department. Applications must identify the landowner and describe the work, and Okaloosa County layers its own Stormwater Utility Ordinance, Chapter 8, Article III, on top to fund the county's drainage system.
373.413 Permits for construction or alteration.-(1) 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. The department or the governing board may delineate areas within the district wherein permits may be required.(2) A person proposing to construct or alter a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works subject to such permit shall apply to the governing board or department for a permit authorizing such construction or alteration. The application shall contain the following:(a) Name and address of the applicant.(b) Name and address of the owner or owners of the land upon which the works are to be constructed and a legal description of such land.(c) Location of the work.
Full Breakdown
413(1) lets the governing board or the department require a permit and impose reasonable conditions on the construction or alteration of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works, to keep the project from harming the water resources of the district, and it lets the board delineate specific areas where the permit requirement applies. Subsection (2) spells out the application: the applicant's name and address, the name and address of the landowner along with a legal description of the land, the work's location, construction sketches, the name of whoever designed the work and the name of whoever will build it, the general purpose of the work, and any other information the board or department wants.
Subsections (3) and (4) require notice, mailed to anyone who has filed a written request for notice of pending applications in that area, describing the activity, its location and whether it touches an Outstanding Florida Water or aquatic preserve. 406(1) preserves one carve-out: nothing in the permitting scheme affects a natural person's right to capture, discharge and use water for purposes otherwise permitted by law. 430: a willful violation that causes pollution is a third-degree felony punishable by up to $50,000 and five years, with each day a separate offense; a reckless or grossly careless failure to permit or comply is a second-degree misdemeanor punishable by up to $10,000 and 60 days; and a willful failure to obtain or comply with a permit is a first-degree misdemeanor punishable by up to $10,000 and six months. , runs alongside this state permitting scheme to fund the county's drainage improvements through utility fees on benefited property.
Violations & Fines
Unpermitted construction or alteration of a stormwater management system is enforced under Section 373.430. A willful violation causing pollution is a third-degree felony, up to $50,000 and five years in prison, charged separately for each day it continues. Reckless or grossly careless failures to permit or comply draw a second-degree misdemeanor, up to $10,000 and 60 days; willful permit or compliance failures draw a first-degree misdemeanor, up to $10,000 and six months.
Frequently Asked Questions
Do I need a state permit to regrade drainage on my Okaloosa County lot?
What does a stormwater construction permit application have to include?
What's the penalty for building a stormwater system without a permit?
Does this stop me from collecting rainwater on my own property?
Sources & Official References
Other rules in Okaloosa County
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