Florida Regulations 14-86.003: Permit, Assurance Requirements, and Exceptions
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(1) Permit.
A Drainage Connection Permit, Form 850-040-06, rev. 12/18, and incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10197 is required for all improvement(s) on an adjacent property whether or not the work is done in conjunction with a driveway connection, and whether or not the improvement retains stormwater runoff on the adjacent property up to and including the 100 year event of critical duration.
(2) Assurance Requirements.
(a) The applicant for a drainage connection permit shall provide reasonable assurances that:
1. The adjacent property has an approved stormwater management plan or master drainage plan adopted or approved by a city, county, water management district, or other agency with specific drainage or stormwater management authority, which plan includes downstream mitigation measures. To the extent the plan relies on the use of any Department facilities, such use must have Department approval.
2. The peak discharge rates and total volumes of stormwater discharging from the adjacent property to the Department’s right-of-way are those provided for in an approved stormwater management plan or master drainage plan; otherwise the post-improvement stormwater runoff discharging from the adjacent property to the Department’s right-of-way shall not exceed the more stringent of the following:
a. The peak discharge rates and total volumes allowed by applicable local regulation; or
b. The pre-improvement discharge rate, and in watersheds which do not have a positive outlet, the volume shall not be increased beyond the pre-improvement volume considering worst case storms for up to the frequencies and durations contained in Fl. Admin. Code R. 14-86.003(2)(c)
3. Any discharge pipe establishing or constituting a drainage connection from the adjacent property to the Department’s right-of-way is limited in size based on the pre-improvement discharge rate, downstream conveyance limitations, downstream tailwater influences, and design capacity restrictions imposed by other governmental entities.
4. If the improvement changes the inflow pattern of stormwater or method of drainage connection to the Department’s right-of-way, post-improvement discharge will not exceed the pre-improvement discharge to the Department’s right-of-way, any new drainage connection will not threaten the safety or integrity of the Department’s right-of-way, and will not increase maintenance costs to the Department. At a minimum pavement hydraulics, ditch hydraulics, storm drain hydraulics, cross drain hydraulics, and stormwater management systems shall be analyzed by the applicant. The analysis must follow the methodology used in the design of the Department’s drainage facilities receiving the discharge and meet the criteria in the Department’s Drainage Manual, Topic Number 625-040-002, eff. 1/19, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10117 and available from the Department at: http://www.fdot.gov/roadway/Drainage/Manuals and Handbooks.
5. The quality of water conveyed by the proposed connection will meet all applicable water quality standards. In the event the discharge is identified as potentially causing or contributing to a violation of applicable water quality standards, the applicant will be required to incorporate such abatement as necessary to bring the discharge into compliance with applicable water quality standards.
(b) If the requirements set forth in Fl. Admin. Code R. 14-86.003(2)(a), cannot be fully complied with, the applicant may submit alternative drainage connection designs. The analysis supporting the proposed alternative drainage connection must follow the methodology used in the design of the Department’s drainage facilities receiving the proposed alternative drainage connection and meet the criteria in the Department’s Drainage Manual. Deviation from a standard in the Drainage Manual is subject to approval by the District Drainage Engineer. Acceptance of any alternative design must serve the purpose of this rule chapter and shall be based upon consideration of the following:
1. The type of stormwater management practice proposed;
2. The efficacy and costs of alternative controls;
3. The impact upon the operation and maintenance of the Department’s facilities; and,
4. The public interest served by the drainage connection.
(c) In providing reasonable assurances, the applicant shall:
1. Use a methodology which is compatible with the methodology employed in the design of the Department’s drainage facilities receiving the stormwater;
2. Determine the peak discharge rates considering various rainfall event frequencies up to and including a 100 year event of critical duration of up to three days; and,
3. In watersheds without a positive outlet, determine the stormwater runoff total volumes considering various rainfall amounts up to a 100 year rainfall frequency of critical durations of up to ten days. The pond retention volume must recover at a rate such that one-half of the volume is available in seven days with the total volume available in 30 days, with a sufficient amount recovered within the time necessary to satisfy applicable water treatment requirements.
(3) Exceptions. The following do not require a Drainage Connection Permit:
(a) Adjacent properties without improvements.
(b) Improvements to adjacent properties made before November 12, 1986.
(c) Improvements to adjacent properties not draining to the Department’s right-of-way in the pre-improvement and post-improvement condition.
(d) Single-family residential improvements which are not part of a larger common plan of development or larger common plan of sale.
(e) Agricultural and silvicultural improvements that:
1. Are subject to regulation by the Department of Environmental Protection or regional Water Management Districts;
2. Are exempt under the provisions of Florida Statutes § 373.406; or
3. Are implementing applicable best management practices adopted by the Florida Department of Agriculture and Consumer Services in rule chapter 5M or 5I-6, F.A.C.
(f) Any other improvement, provided that all of the following apply:
1. The total impervious area, after improvement, is less than 5,000 square feet of cumulative impervious area and is less than 40% of that portion of the property that naturally drained to the Department’s right-of-way;
2. The improvement does not create or alter a drainage connection;
3. The improvement does not change flow patterns of stormwater to the Department’s right-of-way, and does not increase the surface area draining to the Department’s right-of-way;
4. The property is located in a watershed which has a positive outlet; and,
5. The site or improvement is not part of a larger common plan of development or larger common plan of sale.
(4) An exception provided in subsection 14-86.003(3), F.A.C., shall not apply if any drainage connection from the adjacent property threatens the safety and integrity of the Department’s facilities or creates an unreasonable burden on downstream properties, including violations of applicable water quality standards.
Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History-New 11-12-86, Amended 1-20-09, 2-6-19.
A Drainage Connection Permit, Form 850-040-06, rev. 12/18, and incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10197 is required for all improvement(s) on an adjacent property whether or not the work is done in conjunction with a driveway connection, and whether or not the improvement retains stormwater runoff on the adjacent property up to and including the 100 year event of critical duration.
(a) The applicant for a drainage connection permit shall provide reasonable assurances that:
1. The adjacent property has an approved stormwater management plan or master drainage plan adopted or approved by a city, county, water management district, or other agency with specific drainage or stormwater management authority, which plan includes downstream mitigation measures. To the extent the plan relies on the use of any Department facilities, such use must have Department approval.
2. The peak discharge rates and total volumes of stormwater discharging from the adjacent property to the Department’s right-of-way are those provided for in an approved stormwater management plan or master drainage plan; otherwise the post-improvement stormwater runoff discharging from the adjacent property to the Department’s right-of-way shall not exceed the more stringent of the following:
a. The peak discharge rates and total volumes allowed by applicable local regulation; or
b. The pre-improvement discharge rate, and in watersheds which do not have a positive outlet, the volume shall not be increased beyond the pre-improvement volume considering worst case storms for up to the frequencies and durations contained in Fl. Admin. Code R. 14-86.003(2)(c)
3. Any discharge pipe establishing or constituting a drainage connection from the adjacent property to the Department’s right-of-way is limited in size based on the pre-improvement discharge rate, downstream conveyance limitations, downstream tailwater influences, and design capacity restrictions imposed by other governmental entities.
4. If the improvement changes the inflow pattern of stormwater or method of drainage connection to the Department’s right-of-way, post-improvement discharge will not exceed the pre-improvement discharge to the Department’s right-of-way, any new drainage connection will not threaten the safety or integrity of the Department’s right-of-way, and will not increase maintenance costs to the Department. At a minimum pavement hydraulics, ditch hydraulics, storm drain hydraulics, cross drain hydraulics, and stormwater management systems shall be analyzed by the applicant. The analysis must follow the methodology used in the design of the Department’s drainage facilities receiving the discharge and meet the criteria in the Department’s Drainage Manual, Topic Number 625-040-002, eff. 1/19, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10117 and available from the Department at: http://www.fdot.gov/roadway/Drainage/Manuals and Handbooks.
5. The quality of water conveyed by the proposed connection will meet all applicable water quality standards. In the event the discharge is identified as potentially causing or contributing to a violation of applicable water quality standards, the applicant will be required to incorporate such abatement as necessary to bring the discharge into compliance with applicable water quality standards.
(b) If the requirements set forth in Fl. Admin. Code R. 14-86.003(2)(a), cannot be fully complied with, the applicant may submit alternative drainage connection designs. The analysis supporting the proposed alternative drainage connection must follow the methodology used in the design of the Department’s drainage facilities receiving the proposed alternative drainage connection and meet the criteria in the Department’s Drainage Manual. Deviation from a standard in the Drainage Manual is subject to approval by the District Drainage Engineer. Acceptance of any alternative design must serve the purpose of this rule chapter and shall be based upon consideration of the following:
1. The type of stormwater management practice proposed;
2. The efficacy and costs of alternative controls;
3. The impact upon the operation and maintenance of the Department’s facilities; and,
4. The public interest served by the drainage connection.
(c) In providing reasonable assurances, the applicant shall:
1. Use a methodology which is compatible with the methodology employed in the design of the Department’s drainage facilities receiving the stormwater;
2. Determine the peak discharge rates considering various rainfall event frequencies up to and including a 100 year event of critical duration of up to three days; and,
3. In watersheds without a positive outlet, determine the stormwater runoff total volumes considering various rainfall amounts up to a 100 year rainfall frequency of critical durations of up to ten days. The pond retention volume must recover at a rate such that one-half of the volume is available in seven days with the total volume available in 30 days, with a sufficient amount recovered within the time necessary to satisfy applicable water treatment requirements.
(3) Exceptions. The following do not require a Drainage Connection Permit:
(a) Adjacent properties without improvements.
(b) Improvements to adjacent properties made before November 12, 1986.
(c) Improvements to adjacent properties not draining to the Department’s right-of-way in the pre-improvement and post-improvement condition.
(d) Single-family residential improvements which are not part of a larger common plan of development or larger common plan of sale.
(e) Agricultural and silvicultural improvements that:
1. Are subject to regulation by the Department of Environmental Protection or regional Water Management Districts;
2. Are exempt under the provisions of Florida Statutes § 373.406; or
3. Are implementing applicable best management practices adopted by the Florida Department of Agriculture and Consumer Services in rule chapter 5M or 5I-6, F.A.C.
(f) Any other improvement, provided that all of the following apply:
1. The total impervious area, after improvement, is less than 5,000 square feet of cumulative impervious area and is less than 40% of that portion of the property that naturally drained to the Department’s right-of-way;
2. The improvement does not create or alter a drainage connection;
3. The improvement does not change flow patterns of stormwater to the Department’s right-of-way, and does not increase the surface area draining to the Department’s right-of-way;
4. The property is located in a watershed which has a positive outlet; and,
5. The site or improvement is not part of a larger common plan of development or larger common plan of sale.
(4) An exception provided in subsection 14-86.003(3), F.A.C., shall not apply if any drainage connection from the adjacent property threatens the safety and integrity of the Department’s facilities or creates an unreasonable burden on downstream properties, including violations of applicable water quality standards.
Rulemaking Authority 334.044(2), (15) FS. Law Implemented 334.044(15) FS. History-New 11-12-86, Amended 1-20-09, 2-6-19.