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Florida Local Compliance

City of Cape Coral

At AQUALIS, we know Cape Coral's sustainable water compliance standards and manage regulator relations for our clients.

It is our mission to help you become compliant with these stormwater, wastewater and drinking water regulations through inspections, maintenance, repairs and rehabilitation services. As your water compliance provider, we handle the regulatory guidelines specific to Cape Coral and ensure that our services meet the highest compliant procedures to keep you in compliance with local regulators.

Last Updated 04/10/2026

 

Excerpt from Cape Coral Municipal Code

Chapter 22: Stormwater Management Utility

(1) Single-family parcels.

a. Since the cost of measuring and computing the impervious area for each individual single-family parcel greatly exceeds any benefit derived from individual measurement and computation, the area of each single-family parcel constitutes a reasonable proxy for impervious area using the following formula for calculating the number of ERUs attributable to each parcel.

Total ERUs  =  1.0+0.87   (Total Parcel Area – 10,000) 
(10,000)

b. In no case shall the total number of ERUs for any single-family parcel be less than one.

(2) Multi-family parcels.

a. The city shall classify each multi-family parcel as either low density multi-family or high density multi-family and calculate the total ERUs for each multi-family parcel in the following manner:

  1. Since low density multi-family parcels are considered analogous to single-family parcels of the same size with respect to their impact on the stormwater system, those parcels that constitute low density multi-family shall use the following calculation:

Total ERUs  =  Total DUs+0.87    (Total Parcel Area – DUs(10,000)) 
(10,000)

(c) Nonresidential developed property.

(1) Parcels that are classified as nonresidential developed property shall use the following formula to calculate the number of ERUs:

Total EDUs  =    Impervious Surface Area 
EDU Value

Total ERUs  =  Total EDUs+0.87    (Total Parcel Area – EDUs(10,000)) 
(10,000)

(2) In no case shall the total ERUs be less than the total EDUs.

b. The private stormwater facilities located in the development project in which the subject property is located are fully functioning and operating throughout the year in a satisfactory condition and in accordance with the City permit as determined by a registered professional engineer licensed in the State of Florida. A private stormwater facility shall be determined by a registered professional engineer licensed in the State of Florida to be in satisfactory operating condition so long as the stormwater facility is maintained throughout the year and operating in a manner such that the stormwater runoff from the development project is not contributing to stormwater problems in the local area in which the development project is located. The development project shall be required to provide annual report recertified by a registered professional engineer licensed in the State of Florida that the private stormwater facilities located in the development project are functioning and operating in a satisfactory condition and in accordance with the City permit. In addition, the engineer shall certify the system is maintained throughout the year by conducting two inspections per year, one inspection within the months of November thru April, and the second within the months of July thru September. The results of said inspections shall be submitted to the Stormwater Director. If the Stormwater Director determines at any time during a fiscal year that the private stormwater facility is not satisfactorily maintained on or is no longer located in the development project, then the development project shall be required to remedy situation and shall forfeit the aforesaid credit for the current and subsequent fiscal year(s) during which time the subject properties shall be treated for purposes of this Chapter 22 in the same manner as properties which do not meet all of the conditions necessary for the credit until such time as the situation has been remedied to the satisfaction of a registered professional engineer licensed in the State of Florida.

c. The certification submitted by the Florida Registered Professional Engineer shall include, but is not limited to, the following information: Date of inspection, name of person conducting the inspection, location map, date of City permit, the development project plan depicting existing improvements, and documentation of the condition of the stormwater features including, but not limited to, perimeter berms, detention or retention ponds, control structures, weirs, catch basins/inlets, trench drains, swales, pipes, exfiltration systems, oil/water separator, littoral zones, rain gardens, and wetland storage systems.

Stormwater Treatment Areas

Stormwater Treatment Areas, or STAs, are constructed wetlands that remove and store nutrients through plant growth and the accumulation of dead plant material that is slowly converted to a layer of peat soil. Five STAs south of Lake Okeechobee are now removing excess nutrients from agricultural runoff water and, in some cases, runoff from urban tributaries, before discharging it into the Everglades and other natural areas. Two more STAs north of Lake Okeechobee are now in the planning stage.

At present, these STAs south of Lake Okeechobee have an effective treatment area of 57,000 acres, which includes STA expansions completed in 2012 in the Everglades Agricultural Area (EAA) that added nearly 12,000 acres of treatment wetlands. North and east of Lake Okeechobee, STAs are also used to remove phosphorus from water flowing into the lake, St. Lucie Estuary and Indian River Lagoon.

Urban Best Management Practices

Cities and communities also contribute nutrients and other pollutants to our region’s rivers, lakes and wetlands. Storm water flowing over city streets or the rich green lawns and gardens that fill our urban and suburban landscapes can carry excess nutrients from the fertilizers and herbicides we use, as well as all the other contaminants that are a by-product of modern life.

Local governments and developers are also required to adopt Stormwater Best Management Practices, or BMPs, that make sure that water flowing into our natural ecosystems is cleaner. These BMPs include keeping direct urban stormwater runoff away from waterways, retaining and cleaning stormwater or irrigation water “on-site” and reducing the amount of water used for irrigation, as well as the type and quantity of fertilizers and pesticides or herbicides used on our landscapes

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Frequently Asked Questions

The city calculates Equivalent Residential Units differently depending on property type. Single-family and low-density multifamily parcels use a formula based on total lot size, with a floor of 1.0 ERU no matter how small the parcel. Nonresidential developed property is calculated from actual impervious surface area instead, divided into Equivalent Dwelling Units and then scaled by total parcel size, with the total ERUs never allowed to fall below the EDU count. It’s a more layered formula than most Florida cities use, largely because Cape Coral is factoring in parcel size alongside impervious footprint rather than impervious area alone.

Yes, but it comes with real ongoing obligations. A Florida-licensed professional engineer has to certify that the development’s private stormwater facilities are fully functioning and operating satisfactorily, meaning the runoff isn’t contributing to local stormwater problems. That certification requires two inspections a year, one between November and April and one between July and September, with results submitted to the Stormwater Director. If the director finds at any point that the facility isn’t properly maintained, the credit is forfeited for the current and following fiscal years until an engineer confirms the issue is resolved.

The certification has to include the inspection date, who conducted it, a location map, the city permit date, the development’s improvement plan, and detailed documentation of every stormwater feature on site, from perimeter berms and detention ponds to control structures, catch basins, swales, exfiltration systems and any wetland storage areas. That’s a fairly exhaustive checklist, and missing even one component can delay the annual recertification a property needs to keep its credit.

Cape Coral sits within the South Florida Water Management District’s larger network, which includes constructed wetlands called Stormwater Treatment Areas south of Lake Okeechobee that remove nutrients from agricultural and urban runoff before it reaches the Everglades. Local governments and developers are also required to adopt urban best management practices, keeping stormwater away from direct discharge into waterways and reducing the fertilizer and irrigation load coming off developed land. A property’s own maintenance choices contribute to that regional system, even when the connection isn’t obvious day to day.

 

The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.

Services Offered in City of Cape Coral and Surrounding Area

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AQUALIS provides comprehensive stormwater services across the United States. From inspection and maintenance to repairs and rehabilitations, AQUALIS manages water on your property so you do not have to.
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Did you receive an NOV? Have an urgent need? We can help.

Notices of Violation (NOVs) or Corrective Notices should be taken seriously. Contact AQUALIS today to learn how to resolve the issue and comply with regulations.