07/06/2026
INFORM.
Stormwater Rules are Changing.
Here's Why We Care.
It's rainy season here in the Sunshine State, and with rain comes the inevitable stormwater.
Starting July 1, Florida will implement new stormwater regulations under Senate Bill 848. If your eyes glaze over at the mention of stormwater regulations, stick with us. Behind the technical details are important decisions about how we protect Florida's waters.
After months of drought and little rainfall across our region, stormwater may not be top of mind. But every time it rains, runoff from roads, parking lots, rooftops, and lawns carries pollutants into local creeks, rivers, bays, and the Gulf. Excess nutrients such as nitrogen and phosphorus can fuel harmful algal blooms (HABs), degrade water quality, and harm wildlife.
Estimates from regional experts tell us that urban/suburban stormwater contributes between 45 and 70% of all nutrient loading into local waters. That's why stormwater nutrient management is such an important piece of Florida's water protection efforts and why these regulatory changes are worth paying attention to.
What’s Changing?
Last year, for the first time, SB 7040 established pre- and post-development project performance standards for stormwater treatment under Florida's Environmental Resource Permitting (ERP) program. In simple terms, it sets expectations for how developments that generate stormwater runoff must manage nutrient pollution.
SB 848 builds on those standards by clarifying how projects can meet their nutrient treatment requirements by allowing for the purchase of credits for offsite reductions that occur within the same watershed.
Two approaches are now more clearly defined in state rules:
• The first is a Regional Stormwater Management System (RSMS), an engineered system designed to collect and treat stormwater from multiple developments.
• The second is a Water Quality Enhancement Area (WQEA), a nature-based solution that may use constructed wetlands or restored landscapes to remove pollutants before water reaches nearby waterways.
As these rules are developed, there is a public comment period when organizations like Waterkeepers Florida have the opportunity to provide feedback and suggest improvements. The goal is to identify areas where language can be clarified and protections can be strengthened.
One area of focus has been Water Quality Enhancement Areas (WQEAs). Our partners at St. John's Riverkeeper have submitted comments seeking additional clarity around long-term monitoring, maintenance, and enforcement.
Nature-based solutions can be incredibly effective, but, like any solution, they need ongoing oversight to ensure they're actually doing what they were designed to do. That requires clear plans, long-term accountability, and resources for agencies like the Florida Department of Environmental Protection (FDEP) to monitor compliance.
These discussions bring up an important reality: environmental protection is not just about creating new programs. It's also about ensuring agencies have the resources needed to monitor them and enforce compliance over time. FDEP is already tasked with managing an enormous workload and often lacks the resources necessary to keep pace with Florida's rapid growth and increasingly complex environmental challenges. If these new systems are going to succeed, we need to have honest conversations about where the funding, staffing, and long-term support will come from to ensure they are properly monitored and enforced.
Our Local Funding Challenge
These resource challenges are not unique to the state level. We see them locally as well.
Manatee County is one of the only local governments in our region without a dedicated stormwater fee. Without a dedicated funding source, routine maintenance projects such as clearing drainage ditches, maintaining stormwater infrastructure, and addressing flooding concerns must compete with other budget priorities. This can leave important projects waiting years for funding and completion, while residents are left wondering when longstanding drainage and flooding issues will finally be addressed.
Last year, Suncoast Waterkeeper started a petition to explore bringing a stormwater fee back to the ballot. Previous attempts were made in 2019, but concerns about the fee structure prevented broader support. Manatee County is moving closer to implementing a stormwater utility fee as reported in this timeline from the Observer, but it is yet to be fully established.
Whether its state agencies tasked with enforcing new regulations or local governments maintaining drainage systems, it is clear that stormwater management depends on sustained investment. Without dedicated funding and oversight, even the best-designed programs can fall short. If we want cleaner water, healthier estuaries, and communities that are resilient to both flooding and pollution, we must be willing to invest in the systems that make those outcomes possible.
