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Miami Beach, FL Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing section
City Code § 46-233
Adopted
Ordinance No. 2021-4435, July 28 2021
First offense fine
$500 civil fine
Exempt discharges
lawn watering, AC condensate, roof drains
Fines fund
Biscayne Bay Protection Trust Fund

Summary

Miami Beach requires every residential, commercial and construction site to deploy best management practices that keep pollutants out of its storm sewer system, Biscayne Bay and other surface waters. City Code Sec. 46-233, adopted by Ordinance No. 2021-4435, puts the cost of those safeguards on the property owner or operator, not the city.

The city shall require the use of best management practices (BMPs) for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, Biscayne Bay, or surface waters. The owner or operator of a residential, commercial or industrial establishment, or construction site, shall provide or establish, at the expense of the owner or operator, reasonable protection or safeguards from accidental discharge of prohibited materials or other wastes into the MS4, Biscayne Bay, and/or surface waters, through the use of structural and non-structural BMPs. Furthermore, the property owner or operator responsible for a property which is or may be the source of an illicit discharge, may be required to implement, at said person's or entity's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the city's MS4.

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 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).

Full Breakdown

Chapter 46, Article X, the city's Water Quality article, was adopted by Ordinance No. 2021-4435 on July 28, 2021, to keep pollutants out of the municipal separate storm sewer system (MS4), Biscayne Bay and surface waters. Sec. 46-233 obligates the owner or operator of any residential, commercial or industrial property, or a construction site, to install structural controls, such as silt fences or sedimentation ponds, and non-structural controls, like sweeping and equipment maintenance, at their own expense. Sec. 46-234 separately bans throwing, draining or discharging any pollutant, or maintaining an illegal connection, into the MS4, right-of-way, Biscayne Bay or surface waters.

A narrow list of discharges is exempt under Sec. 46-235, including water line flushing, air conditioning condensate, irrigation water, footing drains and uncontaminated roof drains, but only if they meet state water quality standards and don't meaningfully add pollutants. Anyone who learns of a release must immediately notify the environment and sustainability department, and the Florida Department of Environmental Protection's State Warning Point if the material is hazardous, keeping a written record for three years under Sec. 46-236. The city can also cut off a property's access to the MS4 in an emergency or after a documented illicit discharge under Sec. 46-237. Fines collected feed the Biscayne Bay Protection Trust Fund created in Sec. 46-230 to pay for further water-quality enforcement and restoration work.

Violations & Fines

A first violation of Secs. 46-233/46-234 draws a $500 civil fine, $1,000 for a second offense within 12 months and $5,000 for a third; the special magistrate can also order monitoring, cleanup and restoration at the violator's expense. Unpaid fines become a property lien after three months and can be foreclosed. Appeal to a special magistrate is due within ten days of the notice.

Frequently Asked Questions

Who has to control stormwater pollution in Miami Beach?
Every owner or operator of a residential, commercial or industrial property, or a construction site, must install BMPs, such as silt fences or maintained equipment, to keep pollutants from reaching the MS4, Biscayne Bay or surface waters, at their own cost, under Sec. 46-233.
Is watering my lawn or air conditioning runoff a violation?
No. Sec. 46-235 exempts lawn watering, air conditioning condensate, footing drains and uncontaminated roof drains from the illicit discharge ban, as long as the discharge meets state water quality standards and doesn't meaningfully add pollutants to the storm system.
What's the fine for an illicit discharge into Miami Beach's storm drains?
A first offense under Secs. 46-233 or 46-234 costs $500, a second offense within 12 months costs $1,000, and a third or later offense costs $5,000, plus any cleanup and monitoring costs the special magistrate orders under Sec. 46-239.
What do I do if I spill something into a storm drain?
Sec. 46-236 requires immediate notification to the city's environment and sustainability department, and to the Florida Department of Environmental Protection's State Warning Point if the material is hazardous, plus containment and cleanup and a written record kept for at least three years.

Sources & Official References

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