Monroe County, FL Landscaping Rules: Rainwater Harvesting (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.
(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?
Can I put a cistern in my rear setback?
What has to be in a rainwater collection permit application?
Sources & Official References
Other rules in Monroe County
Florida rules heatmap·Compare Monroe County to another location·View the Florida landscaping rules overview
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