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Monroe County, FL Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Permit threshold
over 275 gallons
No-permit conditions
no setback, no electrical, no clearing
Rear setback option
5 ft off property line + screening
Screening standard
6-ft fence or Class B bufferyard

Summary

In the unincorporated Florida Keys (Monroe County), rainwater collection systems are regulated by tank size. Systems over 275 gallons need a building permit with a site plan, while smaller systems can skip the permit if they avoid setbacks, electrical hookups, and tree clearing.

These county ordinances apply to unincorporated areas of Monroe County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Rainwater collection systems exceeding 275 gallons shall require a building permit, in accordance with Chapter 6 of the Monroe County Code. In addition to any requirements of the Monroe County Building Department, the building permit application shall include the following:(1)Site plan indicating the location of the rainwater collection system;(2)Location of, and permit for, electrical connections, if applicable; and(3)Proposed clearing and/or tree relocation. ... (b)Unless otherwise required by Chapter 6 of the Monroe County Code, rainwater collection systems of 275 gallons or less shall not require a building permit, provided that the system:(1)Is not proposed to be located within any required setback;(2)Does not require an electrical connection; and(3)Does not require clearing or tree relocation.

Full Breakdown

Section 114-107 of the Land Development Code sets the threshold for rainwater collection systems at 275 gallons. Any system exceeding that size requires a building permit under Chapter 6 of the Monroe County Code, and the permit application must include a site plan showing the system's location, the location of and permit for any electrical connection, and any proposed clearing or tree relocation needed to install it. A system of 275 gallons or less can skip the building permit entirely, but only if it is not proposed within any required setback, does not require an electrical connection, and does not require clearing or relocating a tree; adding any one of those elements pulls the smaller system back under the permit requirement.

Section 114-107(c) gives larger systems a path into the rear setback that would otherwise be off-limits: a rainwater collection system may be located within a required rear setback if a building permit is obtained, the system sits at least five feet from any property line, and screening is provided on every side visible to adjacent properties, either a solid fence at least six feet high or a Class B bufferyard. The rule works alongside the water conservation goals in Sections 114-46 and 114-106(c), which encourage cisterns and rain barrels as a way to reduce potable water use for irrigation and can reduce a site's stormwater retention obligation by the capacity of the plumbed system.

Violations & Fines

Installing a rainwater collection system over 275 gallons, or a smaller system that sits in a required setback or needs electrical or clearing work, without the building permit required by Section 114-107 is a violation the Monroe County Building Department and Code Compliance can enforce through a stop-work order, retroactive permit fees, and Special Magistrate proceedings under Chapter 8 if the system is not brought into compliance.

Frequently Asked Questions

Do I need a permit for a rain barrel in the Florida Keys?
Not if it holds 275 gallons or less and is not within a required setback, does not need an electrical connection, and does not require clearing or relocating a tree, per Section 114-107(b) of the Land Development Code.
Can I put a cistern in my rear setback?
Yes, under Section 114-107(c), if you obtain a building permit, keep the system at least five feet from any property line, and screen it on every side visible to neighbors with a six-foot solid fence or a Class B bufferyard.
What has to be in a rainwater collection permit application?
Section 114-107(a) requires a site plan showing the system's location, the location of and permit for any electrical connection, and any proposed clearing or tree relocation needed to install it, submitted under Chapter 6 of the Monroe County Code.

Sources & Official References

Other rules in Monroe County

All Monroe County rules

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