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Melbourne, FL Environmental Rules: Stormwater Management (2026)

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

Key Facts

Permit authority
City engineer (§50-47)
Triggers
Clearing, ditching, subdividing, adding impervious area
Design standard
NRCS/SCS runoff methodology, 20-year system life
Pond slope limit
5:1 wet ponds, 3:1 dry basins
Funding
Annual stormwater utility fee, billed like ad valorem tax
Max penalty
$500 fine or 60 days jail (§1-14)

Summary

Melbourne requires a permit from the city engineer before any activity that can alter stormwater runoff, from clearing land and building ditches to subdividing property or increasing impervious surface. City Code Sec. 50-47 lists the eight covered activities, and Sec. 50-49 sets the engineering standards a stormwater management plan must meet before the city signs off.

(a)No person may subdivide or make any change in the use of land, or construct any system or structure, or change the size of a structure, except as exempted in section 50-48, without first obtaining a permit from the city engineer as provided herein.(b)For the purposes of this article, the following activities may alter or disrupt stormwater runoff patterns and will, therefore, unless exempt in accordance with section 50-48, require a permit prior to the initiation of any project:(1)Clearing and/or construction of ditches, swales for drainage of land.(2)Clearing and/or drainage of nonagricultural land for agricultural purposes.(3)Converting agricultural land to nonagricultural purposes.(4)Subdividing of land.(5)Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions.(6)Changing the use of land and/or the construction of a structure or a change in the size of one or more structures.(7)Altering shorelines or banks of bodies of water.(8)Increasing the impervious area of any parcel of land.

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 32).

Full Breakdown

The city's stormwater management ordinance, cited in Sec. 50-42 as the 'City of Melbourne Stormwater Management Ordinance,' requires a permit under Sec. 50-47 before a property owner may subdivide land, change a land use, construct or alter a system or structure, or otherwise disturb the site's natural drainage. Sec. 50-47(b) names eight specific triggers: clearing or building ditches and swales, clearing or draining nonagricultural land for farming, converting agricultural land to another use, subdividing land, replatting a subdivision, changing land use or structure size, altering a shoreline or bank, and increasing a parcel's impervious area. Sec. 50-48 carves out exemptions for parcels whose drainage is already covered by an approved subdivision or construction plan, bona fide agriculture without an artificial drainage system, routine maintenance, and single-family or duplex construction on already-developed lots with an established runoff pattern.

Once a permit is required, Sec. 50-49 sets the engineering content of the plan: it must avoid creating flood, safety or health hazards, must not increase the net loading of nitrogen, phosphorus or sediment to receiving waters, and must enhance groundwater recharge while limiting runoff in designated recharge areas. Sec. 50-49(b) requires pre- and post-development runoff to be modeled with NRCS Technical Release 55 methodology, requires a minimum 20-year system design life, and requires retention or detention pond side slopes no steeper than five-to-one where water is meant to stand, or three-to-one for a normally dry basin, unless the pond is instead fenced to swimming-pool standards. The Sec. 50-14 stormwater utility program that funds plan review and maintenance runs on a separate annual assessment billed to every property owner in the designated benefit area.

Violations & Fines

Undertaking any of the Sec. 50-47(b) activities, clearing, ditching, subdividing, or expanding impervious area, without first obtaining the required permit from the city engineer exposes the responsible party to the Code's general penalty under Sec. 1-14: a fine of up to $500.00, imprisonment of up to 60 days, or both, with each day the unpermitted condition continuing counted as a separate offense. A landowner who disputes a stormwater utility assessment tied to the program can petition the city council for correction under Sec. 50-22 within 30 days of the final tax notice.

Frequently Asked Questions

What triggers a stormwater permit requirement in Melbourne?
Eight activities listed in Sec. 50-47(b): clearing or building ditches and swales, converting or draining agricultural land, subdividing or replatting land, changing a land use or structure size, altering a shoreline, and increasing a parcel's impervious surface. Any of these needs a permit from the city engineer unless it is exempt under Sec. 50-48.
How steep can the sides of a Melbourne stormwater retention pond be?
Sec. 50-49(b)(8) caps side slopes at five horizontal to one vertical down to four feet below normal water level for ponds designed to hold water, and three horizontal to one vertical for basins meant to stay dry, unless the pond is instead fenced to the city's swimming-pool standards.
Who pays for Melbourne's stormwater system, and can I appeal my charge?
Every property owner in the designated benefit area is billed an annual stormwater utility assessment under Sec. 50-17 and Sec. 50-18, collected the same way as ad valorem taxes. Sec. 50-22 lets an owner petition the city council to correct an error in that assessment.

Sources & Official References

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