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Florida Statewide Rule

Florida Mandates Stormwater Management Programs (Fla. Stat. 403.0891)

Some RestrictionsApplies statewide across Florida (2026)

Key Facts

Statute
Fla. Stat. 403.0891, 373.4131
Enforcing agency
DEP; water management districts
Permit
Environmental resource permit
Scope
Statewide, consistent rules
Local role
Compatible local programs required
Last verified: July 31, 2026

Summary

Florida law assigns the Department of Environmental Protection, the water management districts, and local governments joint responsibility for building compatible stormwater management programs, and requires statewide, consistent permitting of stormwater systems through the environmental resource permit rules.

The department, the water management districts, and local governments shall have the responsibility for the development of mutually compatible stormwater management programs. (1) The department shall include goals in the water resource implementation rule for the proper management of stormwater.

Full Breakdown

Section 403.0891 states the department, water management districts, and local governments "shall have the responsibility for the development of mutually compatible stormwater management programs," with DEP setting stormwater goals in the water resource implementation rule and districts adopting basin-level goals. Separately, section 373.4131 directs DEP to adopt "statewide environmental resource permitting rules" governing construction, operation, and maintenance of any stormwater management system. Building or altering a stormwater system therefore requires an environmental resource permit administered by DEP or the water management district.

Violations & Penalties

Constructing, altering, or operating a stormwater management system without a required environmental resource permit exposes the owner to enforcement, corrective orders, and civil and administrative penalties by DEP or the water management district under Chapters 373 and 403.

Frequently Asked Questions

Do I need a permit to build a stormwater system in Florida?
Yes. Section 373.4131 requires statewide environmental resource permits for constructing, altering, or operating stormwater management systems, issued by DEP or the water management district.
Who is responsible for stormwater management in Florida?
Section 403.0891 gives DEP, the water management districts, and local governments joint responsibility for developing mutually compatible stormwater management programs.

Sources

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