Navigating Florida’s New Statewide Stormwater Rules 

Florida is ushering in a new era of stormwater management with the passage of Senate Bill 7040, unanimously approved and signed into law. This legislation ratifies the long-awaited Statewide Stormwater Rule, marking a significant shift in how stormwater systems are designed, permitted, and maintained across the state.  

With a focus on improving water quality and long-term system performance, the updated regulations introduce key requirements—including maintenance cost estimates, financial capability certification, and regular inspections—aimed at ensuring more sustainable and accountable development practices.  

Here’s how developers can navigate these changes and adapt their stormwater design strategies to aid in compliance and keep projects moving forward. 

Performance-Based Design: Flexibility with Accountability

One of the most significant changes introduced by Florida’s updated stormwater rule is the shift toward a performance-based design approach. While this method offers developers greater flexibility in how stormwater systems are designed, it also establishes clear performance benchmarks that must be met — particularly in terms of water quality.  

Specifically, stormwater systems are now required to achieve measurable reductions in nutrient pollutants, including Total Nitrogen (TN) and Total Phosphorus (TP), as well as total suspended solids (TSS). While this process was already mandatory in some areas, it is now a state-wide requirement.  

The rule lays out a two-pronged approach for nutrient reduction, requiring design teams to evaluate and meet the more stringent of two calculated targets. This framework encourages innovation in system design, especially for projects converting non-natural land uses, while aiming to ensure meaningful water quality improvements. 

In addition, the rule includes specific criteria for redevelopment projects. Sites where impervious surfaces are removed and replaced with no net increase in impervious area, and/or where redevelopment maintains or reduces land use intensity, may qualify for a more tailored compliance path.  

Finally, sites under one acre that are not located within sensitive upstream basins and that demonstrate no increase in impervious surface or pollutant loading may be eligible for exemptions, pending review and approval by the appropriate Water Management District (WMD). 

What This Means for Developers

A key takeaway is that traditional wet detention systems alone are no longer sufficient to meet Florida’s updated water quality standards. Development teams must now plan for either allocating more space to stormwater management or investing in higher-performing — and often more costly — treatment structures. 

To comply with the new requirements, design teams will need to consider a broader range of Best Management Practices (BMPs), which may include swales, dry retention ponds, rain gardens, vegetative filter strips, and even emerging technologies. In many cases, a single BMP won’t be enough. Instead, a “treatment train” approach — using multiple systems in sequence — will often be necessary to achieve the required pollutant load reductions. 

Given the complexity of these decisions, developers should work closely with a knowledgeable stormwater design team early in the planning process. Doing so will help align site layouts, project budgets, and regulatory requirements from the outset—ultimately streamlining submittals and reducing costly redesigns. 

Enhanced Operations and Maintenance Requirements

Beyond design and performance standards, Florida’s updated stormwater regulations introduce robust new requirements for the ongoing operation and maintenance (O&M) of stormwater systems. These measures are aimed at ensuring long-term functionality and water quality performance — not just initial compliance. 

Under the new rule, all O&M entities must now provide a detailed estimate of the system’s annual operating expenses over its useful life. This includes projected costs for regular inspections, routine maintenance, and eventual component replacement.  

If the system will not be maintained by a Municipal Separate Storm Sewer System (MS4) operator, a detailed O&M plan must be submitted with the permit application. This plan should clearly outline the responsibilities of the entity managing the system, the inspection and maintenance schedule, and how compliance will be verified over time. 

To support this oversight, a new, 11-page standardized inspection form has been introduced. Inspections must be performed by a certified inspector, a registered professional (such as a licensed engineer), or someone working under their supervision. The required frequency of inspections varies depending on the type of BMP in use. 

Finally, as-built or record drawings must be submitted prior to the transfer of the system to its long-term O&M entity.  

What This Means for Developers

These enhanced operations and maintenance requirements add a new layer of responsibility— and planning — to the project lifecycle. From the outset, teams must account for the long-term costs of stormwater system upkeep, including inspections, routine maintenance, and eventual replacements.  

Developers should also anticipate the need for more thorough coordination with design professionals to produce cost estimates and detailed O&M plans. With certified inspections and as-built drawings now mandatory, engaging a qualified team early on will be key to addressing compliance, avoiding delays, and maintaining the system’s performance beyond project completion. 

Exemptions

While the new stormwater regulations apply broadly, several exemptions exist for certain projects—particularly those with prior approvals or specific characteristics. Projects with an existing Environmental Resource Permit (ERP) issued before June 28, 2024, including unexpired permits and minor modifications, are generally exempt.  

Additionally, exemptions extend to regional stormwater systems, certain transportation projects, and future phases of conceptual ERPs.  

Some developments may also qualify based on documentation submitted by January 1, 2024, such as approved stormwater design plans, active Development of Regional Impact (DRI) projects, or binding ecosystem management agreements.  

Redevelopment sites under one acre that are not located within impaired water body or Outstanding Florida Water (OFW) watersheds may also be exempt—provided they reduce impervious surface or pollutant loading. 

If you’re unsure whether your project qualifies for an exemption, connect with our team to evaluate your eligibility and discuss design and permitting strategies. 

Moving Forward in Florida

Florida’s updated stormwater regulations mark a pivotal shift toward more sustainable and accountable land development practices. With heightened performance standards, expanded design requirements, and stricter long-term maintenance obligations, developers must adapt quickly to stay compliant and competitive.  

Bohler’s teams — particularly in South Florida — are already seeing the implementation of these changes and are proactively designing to meet the new standards. By engaging experienced stormwater professionals early, planning for long-term system costs, and understanding available exemptions, development teams can navigate these changes with confidence.

Connect with our team today.