Guides

What Florida's 2024 stormwater law means for HOA and CDD lake banks

Florida's 2024 stormwater law, Senate Bill 7040, ratified new state rules for stormwater systems, including the lakes in most HOA and CDD communities. The rules require operation and maintenance plans and cost estimates with new permit applications, periodic inspections reported to the permitting agency, and, starting June 28, 2025, inspections done by a qualified inspector. How much of this reaches an existing community depends on its permit, because the rule says permits issued before the change continue to be inspected and reported on under their existing terms.

This guide explains what the law did, what the sources say and do not say about existing communities, how an eroded lake bank shows up in an inspection, and what a board should do now. We are not lawyers or engineers, and your association's engineer and attorney should answer questions about your specific permit.

What did SB 7040 actually do?

According to the Florida Senate bill page, CS/SB 7040 ratified Rule 62-330.010 of the Florida Administrative Code, the rule that governs Environmental Resource Permitting, with specified changes. The Senate passed it 37 to 0 and the House 114 to 0. The Governor approved it on June 28, 2024, it became Chapter 2024-275, Laws of Florida, and it took effect when it became law.

The FDEP ERP Stormwater Resource Center lists when each part of the updated Applicant's Handbook, Volume I, takes effect.

The SFWMD and FDACS exception refers to activities regulated under Chapter 40E-63 of the Florida Administrative Code and Title 5M, which cover agricultural practices. It does not exempt a residential community's stormwater lakes.

What changed for operation and maintenance?

FDEP describes 3 changes that matter to the entity responsible for a lake.

• Cost estimates. Operation and maintenance entities must have estimates of expected routine maintenance costs and certify that they have the financial capability to maintain the system over time.
• Inspections and reporting. The rule requires a periodic inspection routine and reporting of the results to the permitting agency. The bill text amends section 12.5(a) to say that all operation and maintenance entities, other than MS4 entities, shall conduct and report inspections.
• Qualified inspectors. From June 28, 2025, inspections must be done by a qualified inspector under section 12.5(c).

Who counts as a qualified inspector?

The UF/IFAS Stormwater Qualified Inspector Training FAQ lists 3 ways to qualify: be a registered professional such as a Professional Engineer, inspect under the supervision of a registered professional, or complete training within the past 5 years and keep documentation. UF/IFAS offers an online course built to meet the training option, and its certification is good for 5 years from the date the exam is passed. The St. Johns River Water Management District tells community association managers the same thing: only a qualified registered professional or a certified qualified inspector may do these inspections.

Does the law apply to our existing community?

This is where boards should be careful, because the sources do not give a single answer.

The FDEP resource center does not say whether the operation and maintenance, inspection or qualified inspector requirements apply to systems permitted before June 28, 2024. Rule 62-330.311, as amended June 28, 2024, says permits issued before the effective date shall continue to be inspected and reported on under the terms of the existing permit, and that a permittee may request a permit modification to follow the new inspection and reporting rule. The Senate bill summary adds that nothing in the revised rules eliminates grandfather provisions that existed before.

In plain terms, your existing permit conditions still control your inspection schedule and reporting. If your permit already requires inspections and reports, that requirement did not go away. Using an inspector who meets the qualified inspector standard is the sensible choice either way, because it removes a question if the report is ever reviewed. Ask your engineer to confirm how the rule reads for your permit.

When the new rules can reach an older community

The table above shows that the new performance criteria apply to major modifications of existing permits. If a lake bank repair, an outfall change or another project requires a permit modification, the board should ask its engineer which version of the rules will apply. Our guide on lake bank repair permits covers when a repair raises that question.

What about inspection frequency?

Rule 62-330.311(1) says minimum inspection frequencies are set in Volume II for each water management district and can be revised through permit conditions. The SFWMD Applicant's Handbook, Volume II, effective June 28, 2024, refers inspection and maintenance to Volume I sections 12.4 and 12.5 and Rule 62-330.311 without setting a frequency for wet detention lakes. For most South Florida communities, the permit conditions are the place to look.

Broward communities already have a county inspection

Separate from the state rule, the City of Coconut Creek notes that Broward County requires drainage systems to be inspected by a Professional Engineer under a 5 year Surface Water Management License. If your community is in Broward, that inspection is already part of your cycle.

What if the inspection finds a failure?

Rule 62-330.311(2) requires a report to the agency on Form 62-330.311(1) within 30 days of any failure of a stormwater management system or deviation from the permit, describing the remedial actions taken. Whether a particular eroded bank counts as a failure or deviation is a question for your engineer.

The permitted design gives the engineer a reference point. SFWMD Volume II section 5.3.2(e)(1) sets wet detention side slopes at no steeper than 4:1 from top of bank to at least 2 feet below the control elevation, and section 5.3.2(e)(2) treats constructed slopes steeper than 3.5:1 as a substantial deviation. A bank that has cut back into a steep edge at the waterline no longer matches that design. Our guide on the lake bank slope rule explains how to measure it.

How do eroded banks show up in an inspection?

An inspector is checking whether the system still works as permitted. On a lake bank, the conditions that tend to get noticed are easy for a board to see first.

• A vertical cut or small cliff at the waterline where the slope should be gentle.
• Grass that stops short of the water, leaving bare sand at the edge.
• Pipe ends and headwalls with soil washed out from behind or beneath them.
• Sand fans in the water at outfalls or below eroded sections.
• Littoral plantings that have died back or washed out.
• Fences, patios, pool decks or irrigation lines close to the top of a moving bank.

If the board already has a dated, section by section record of these conditions, the inspection report confirms what the board knew. If not, the inspection becomes the first record, and the board is reacting to it.

What should boards do now?

1. Find the permit and its conditions. Search SFWMD RegPermitting for your community and save the conditions on inspection and reporting.
2. Confirm the operation and maintenance entity. It may be the HOA, a master association or a Community Development District. Our guide on lake bank restoration for CDDs covers the district side.
3. Find the last inspection report. Note the date, who did it and what it found.
4. Confirm the inspector qualifies. For inspections on or after June 28, 2025, ask for the inspector's registration or training documentation and keep a copy.
5. Record the condition of every bank. Measure and photograph each section so the board knows where it stands before the inspector arrives.
6. Budget for the findings. Put repairs to sections that no longer match the permitted design into the budget, phased if needed. Our guide on budgeting and phasing a repair walks through it.

A free lake bank walk gives the board a written, section by section report of slopes, waterline cuts and outfalls that it can keep with the inspection file. When repairs are needed, we rebuild the bank from the waterline up with leading edge technology. You can also start with the Lake Bank Risk Score or call (561) 309 9603.

Questions boards ask

Does SB 7040 require our HOA to inspect its lakes?

The rules ratified by SB 7040 require operation and maintenance entities to conduct and report inspections under section 12.5 of Volume I. For permits issued before June 28, 2024, Rule 62-330.311 says inspections and reporting continue under the existing permit's terms. Check your permit conditions and ask your engineer how they apply.

What is the June 28, 2025 date?

That is when the qualified inspector requirement in section 12.5(c) took effect, according to FDEP. From that date, inspections must be done by a registered professional, someone working under one, or a person with documented training completed within the past 5 years.

Can our grounds maintenance contractor do the inspection?

For inspections under the new rule, only if the person doing it meets the qualified inspector standard. Even under an older permit, ask for proof of registration or training and keep a copy with the report.

How often do we have to inspect?

The rule leaves minimum frequencies to Volume II for each water management district and to permit conditions. The SFWMD Volume II does not set a frequency for wet detention lakes, so your permit conditions are the place to look.

Do we have to report an eroded bank to the agency?

Rule 62-330.311(2) requires a report within 30 days of any failure of the system or deviation from the permit. Whether erosion on your bank meets that standard is a call for your engineer. A bank that no longer matches the permitted slope is a condition the board should know about and plan to fix.

Does this change anything for a CDD?

A CDD that is the operation and maintenance entity for its lakes is subject to the same rule as any other entity. The district's engineer usually handles inspections and reporting, and the district board approves the budget for repairs.

Sources: Florida Senate CS/SB 7040 (2024) · SB 7040 enrolled bill text · SB 7040 bill summary · FDEP ERP Stormwater Resource Center · Rule 62-330.311, F.A.C. · UF/IFAS SQuInT FAQ · SJRWMD resources for community association managers · SFWMD ERP Applicant's Handbook Vol II · SFWMD RegPermitting · City of Coconut Creek Canal and Lake Bank Stabilization

More guides

• Why lake banks erode, and how to tell if yours is
• Retention pond bank repair: what boards and managers need to know
• Why regrading and sodding a lake bank does not last