By: Mark Thomasson, P.E., Chief Stormwater Engineer
A common point of confusion with the new Florida stormwater rules involves how they apply to ongoing developments, especially for projects involving outparcels within previously approved master development plans. Here’s a quick breakdown using a typical scenario to help clarify how the new rule applies.
Scenario:
Imagine a multi-parcel commercial subdivision with interior roads, parking areas, and a large stormwater pond, all designed and permitted under a comprehensive stormwater master plan. The development is mostly built out and the stormwater system is already in the operational phase and managed by a commercial property owners’ association. One commercial outparcel—sold recently to a new buyer—remains undeveloped. The buyer intends to use the land consistent with the original assumptions for land use type and impervious coverage in the master plan.
How the New Rules Apply:
Since the master plan was properly permitted under the prior rules, the new stormwater requirements only apply to the outparcel project itself. This means:
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- Project Definition: For the Environmental Resource Permit (ERP) application, you should define the “project” as the outparcel’s limits and the applicant as the new owner.
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- References to Original Plan: Reference the original permit and master plan in your application. Emphasize that the existing stormwater management system was designed and built to serve the entire development and confirm for the reviewer that the intended use is consistent with all assumptions in the original design and permit.
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- Operation and Maintenance (O&M): Section 12 of the new Applicant's Handbook, Volume 1 applies only to the drainage features specific to the outparcel—such as its inlets or swales. There is no retroactive application of the new O&M requirements (e.g., annual inspections, cost estimates) to the previously permitted and constructed portions of the master stormwater system.
Key Takeaway:
For outparcels in fully permitted developments, requirements of the new stormwater rules are limited to the outparcel itself. There is no need to retroactively adjust or re-permit the existing infrastructure, as long as the new construction is consistent with the original permit’s assumptions.