Status of Low Impact Development in Florida and Legal Considerations for Operation and Maintenance of LID Systems

Low Impact Development (LID) is a way to manage stormwater that focuses on keeping water on the property instead of transporting it away. This can be done through techniques like bioswales, rain gardens, and permeable surfaces. The Florida Department of Environmental Protection (DEP) is working on creating rules to control nutrient loadings from stormwater discharges. Some local governments in Florida have already adopted LID principles in their laws and plans. All commercial buildings must use green building techniques, like managing stormwater on site and using water-efficient technologies. The city will provide incentives for developers who use these techniques, and will encourage water conservation regulations. The city ordinances in Oldsmar and Sarasota County are making changes to allow for Low Impact Development (LID) strategies, such as using pervious surfaces for parking and implementing measures to reduce stormwater runoff and pollution. In St. Petersburg, there are regulations in place for drainage and surface water management to protect the environment. Overall, these laws aim to promote environmentally friendly practices in development and construction. This section sets rules for managing water on the ground in St. Petersburg, Florida. It includes guidelines for making sure stormwater doesn’t cause flooding or harm water quality. It also encourages using alternative methods for managing stormwater, like using natural designs or on-site infiltration. It requires plans for maintaining stormwater systems and making sure there are ways to access and inspect them. Before applying for permits, the developer must show evidence that they have used techniques to minimize the environmental impact of their project to the best of their ability. One technique they can use is called Low Impact Development (LID) Techniques, which involves designing storm water facilities in a certain way. The city will provide a publication with more information on these techniques. LID systems also have special maintenance requirements to ensure that stormwater is properly managed. This may include creating easements for waterflow through the development. The complexity of the LID system will determine the specific maintenance and documentation needed. During the design phase of a stormwater system, it’s important to ask the right questions about who will take care of maintenance, who will pay for it, and what to do if something doesn’t work as planned. Responsibilities for maintaining the system should be clearly set out, and there should be rules in place for how to take care of special surfaces. It’s also important to be flexible and adapt to new technology and changes on each site. For example, instead of requiring a specific type of roof, it might be better to have rules about how much runoff a roof can produce. This way, the system can work well for a long time, even as things change. The passage talks about a problem called nonpoint source pollution, where runoff from rain picks up pollution and carries it to rivers and lakes. One solution is to use green buildings and low-impact development methods, which help reduce pollution and save money. The Environmental Protection Agency and other organizations have been studying and promoting these methods. The Florida Department of Environmental Protection is also working on new rules to address stormwater pollution. Nicole C. Kibert is a lawyer who specializes in sustainable development and renewable energy. She wrote an article about stormwater rules and low impact development for a legal conference. The article is about the legal aspects of building in an environmentally friendly way.

Source: https://www.floridabar.org/the-florida-bar-journal/status-of-low-impact-development-in-florida-and-legal-considerations-for-operation-and-maintenance-of-lid-systems/