Understanding Florida’s New Stormwater Regulations: What It Means for Development on Florida’s West Coast

A New Chapter in Florida’s Approach to Stormwater Management

For nearly 40 years, stormwater management in Florida has followed the same fundamental approach: design systems that capture and slowly percolate or release runoff to mimic natural hydrology. Under these old “presumptive criteria,” if engineers demonstrated that a site held and discharged a certain volume of water within a specific timeframe, the design was considered compliant.

That’s changing.

The Florida Department of Environmental Protection’s (FDEP) new Stormwater management Rule SB 7040, effective June 28, 2024, with full nutrient-reduction compliance required by December 28, 2025; ushers in the most significant shift in stormwater regulation since the Environmental Resource Permit (ERP) program was created in the 1990s.

Now, compliance isn’t about detention time and volume alone, it’s about demonstrating pollutant removal performance.

Why the Regulation Was Created

The new rule stems from the Clean Waterways Act (2020), passed by the Florida Legislation (Chapter 2020-150 F.A.C.) to reduce nutrient pollution, particularly nitrogen and phosphorus, contribute to red tide, algal blooms, and degraded spring systems. Under the old standard, systems were presumed effective if they met volume criteria. Under the new rule, engineers must quantify reductions in total nitrogen (TN) and total phosphorus (TP).

The new system requires:

• Model-based computation of pollutant reduction.
• Financial capability certifications for operation and maintenance entities.

From “Presumptive” to “Performance”: What’s Different

How It Impacts Developers and Engineers

For engineers and land developers, this change means larger, more complex, and costlier systems, and a fundamental shift in design philosophy.

“Under the new criteria, we’re not simply verifying the hydraulics, we’re using the revised analysis approach to model the anticipated pollutant-reduction performance of the system.” explains David Fleeman. “That changes everything from pond sizing to site grading.”

Designs that once relied on a single wet-detention pond will now likely require a multi-stage treatment train to achieve water quality standards. Stormwater runoff may be required to first flow through vegetated swales or bioretention areas, then into ponds, and finally through filtration media before leaving the site. Each stage removes a fraction of nutrients, cumulatively achieving the reduction required for compliance.

The Stormwater “Treatment Train”

Each stage removes a portion of nutrients — cumulatively achieving total statutorily required pollutant reduction.

As David Fleeman notes, “For decades, conventional commercial development has relied on extensive Directly Connected Impervious Areas (DCIA) that conveyed runoff directly to a single wet detention basin. The new criteria now require reductions in DCIA and the introduction of multi-stage treatment systems to achieve nutrient-reduction goals. These changes are reshaping industry practices, influencing site planning and greenspace design, and adding new considerations for long-term operation andmaintenance.”

The Bottom Line for Builders and Developers

Compliance isn’t optional — permits won’t be issued without modeled demonstration of nutrient reduction.

The cost implications and design complexity mean planning ahead is essential.

Top considerations for builders and developers:

• In many instances, compliance with the rule will require more than simply a larger pond. The use of greenspace for pre-treatment will need to become a regular consideration during concept planning.
• Allow more time for nutrient modeling and agency coordination
• Budget land for multiple treatment stages
• Budget for long-term and intensive & requirements and for retaining a qualified firm to conduct regular performance inspections
• Evaluate project timing (ERP approvals issued after Dec. 28, 2025, must meet new standards)

Yet, the regulation also creates opportunities for smarter, more sustainable designs that protect Florida’s waterways for the next generation.

“The real takeaway is that this isn’t just an environmental rule, it’s a design transformation,”

says Ed Rogers “Engineers must rethink everything from how we move water to how we prove its quality.”

How FDC Is Already Managing to the New Standards

At Florida Design Consultants, our team is already designing projects under the new criteria, integrating nutrient modeling, treatment trains, and long-term & planning into our workflow.

“We’ve moved early to help our clients adapt before the deadline,” says David Fleeman. “Our designs already address these standards which will allow projects to move smoothly through permitting and

avoid costly redesigns.”

Why Partner with FDC

• Proven Expertise – 30 years of Florida-specific engineering experience navigating SWFWMD, FDEP, and local codes.
• Comprehensive Approach – Integrated Civil Engineering, Surveying, and Land Planning to align with the new stormwater performance framework.
• Adaptive Design Solutions – Innovative treatment trains that achieve nutrient reduction targets while maintaining the project’s fundamental purpose and functionality.
• Client-Centered Service – From concept through certification, FDC manages expectations, costs, and compliance every step of the way.

Learn more about our civil engineering, surveying, and planning services to see how FDC can help you navigate Florida’s evolving regulatory environment.

Key Links:

• FDEP – ERP Stormwater Resource Center

• Performance Criteria Flowchart



• Grandfathering Flowchart