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Lee County, FL Environmental Rules: Stormwater Management (2026)

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

City-specific rules exist: Fort Myers, and Cape Coral have their own stormwater management rules that differ from Lee County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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.

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 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?
Yes. Section 10-321 requires a stormwater management system on every development, designed to South Florida Water Management District standards for attenuating and retaining runoff. Holding a valid SFWMD permit that addresses these requirements is treated as compliance with the County's own review.
Who maintains the stormwater system after a subdivision is built?
No one at the County. Under § 10-327, the County never accepts dedication of a stormwater management system; it stays with the developer through a covenant, such as an HOA or condo association, that runs with the land and gives beneficiaries a legal right to enforce continued maintenance.
How high must a subdivision street be built above sea level in Lee County?
At least 5.5 feet above mean sea level under § 10-321(c) for local streets generally. Streets in subdivisions abutting the Caloosahatchee River above the W.P. Franklin Dam must start at 6.0 feet and climb to 7.0 feet by the east county line.

Sources & Official References

Other rules in Lee County

All Lee County rules

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