Navigating Florida’s New Septic System Requirements

ORLANDO, Fla. — One of the greatest attractions of living in Florida is the water that surrounds us. Whether it is a day at the beach, kayaking in a local spring, diving in the Keys or swimming with manatees, Florida’s waterways are central to our quality of life — and well worth protecting.

That shared desire to preserve clean water is the foundation of many environmental laws. Florida has long used environmental regulations to address water-quality concerns, including nutrient pollution that can contribute to harmful algal blooms, such as red tide and blue-green algae.

In 2023, Florida enacted an additional law intended to reduce pollutants entering certain waterways and improve water quality. Among other things, the law created new septic-system requirements in designated parts of the state. This article explains the basic framework, highlights the potential effect on real estate transactions and helps Realtors® and their customers avoid stepping into legal “doo.”

Key terms to know

Before discussing the new requirements, it helps to understand a few important terms:

• Basin Management Action Plan (BMAP): A state-adopted water-quality restoration plan for a specific watershed or geographic area. A BMAP identifies impaired waters and outlines strategies to reduce pollution and restore water quality.
• Enhanced Nutrient-Reducing (ENR) technology: Septic-system technology designed to reduce nitrogen and other nutrients before wastewater reaches groundwater or nearby waterways.
• Onsite Sewage Treatment and Disposal System (OSTDS): The formal term generally used for a conventional septic system.
• Enhanced Nutrient-Reducing Onsite Sewage Treatment and Disposal System (ENR-OSTDS): A septic system that meets enhanced nutrient-reduction standards. These systems are often referred to as nitrogen-reducing systems.

Two branches of the law

Think of the 2023 law as a tree with two branches: one branch applies to certain properties located within BMAP areas, while the other applies specifically to the Indian River Lagoon Program Area. Although both branches concern nutrient-reducing septic systems, the requirements are not identical.

Branch one: Certain BMAP Areas

The first branch applies to properties located within certain BMAP areas, excluding the Indian River Lagoon Program Area. These areas are located throughout Florida, from North Florida to the Keys.

Beginning July 1, 2023, certain properties may be required to install an ENR-OSTDS when an existing septic system must be repaired or replaced. Generally, the requirements apply when the property:

• Is located within an applicable BMAP area;
• Is one acre or less in size;
• Has an existing OSTDS that requires repair or replacement; and
• Is not able to connect to an available central sewer system.

Depending on the location and applicable rules, the owner may need to apply for a permit to install the new ENR-OSTDS. If central sewer is available, connection to the sewer system may be required instead of installing or replacing a septic system.

Branch two: Indian River Lagoon Program Area

The second branch applies to the Indian River Lagoon Program Area, which includes designated portions of Brevard, Indian River, St. Lucie, and Volusia Counties.

Beginning January 1, 2024, new permit applications for commercial and residential onsite sewage treatment and disposal systems in the Indian River Lagoon Program Area must comply with ENR-OSTDS standards. Unlike the BMAP provisions described above, these requirements apply to lots of all sizes within the designated program area.

In addition, by January 1, 2030, certain existing commercial and residential properties in the Indian River Lagoon Program Area must either:

• Connect to central sewer, if available; or
• Upgrade to an ENR-OSTDS.

Importantly, this deadline applies even when an existing septic system is functioning. As with any regulatory requirement, property owners should confirm the property’s location, system status, sewer availability, and any applicable exemptions or local requirements before making decisions.

Location matters

Septic-system requirements are not uniform across Florida. A property’s obligations may depend on whether it is located within a BMAP area, the Indian River Lagoon Program Area, another state-designated area, or a county or municipality with additional local rules.

State law is only part of the picture. Local governments, health departments, and environmental agencies may impose additional requirements related to septic systems, sewer connection, permitting, inspections, maintenance, and replacement.

What makes an ENR-OSTDS different?

An ENR-OSTDS is not a typical conventional septic system. Some systems are designed to reduce nitrogen by as much as 65 percent, depending on the technology and operating conditions. There are several types of ENR systems, and each may have different installation, operation, inspection, and maintenance requirements. In addition, installation must be completed by an appropriately licensed contractor.

What does this mean for sellers?

For sellers, the message is simple: disclose, disclose, disclose.

A seller who knows that a property is served by a septic system, is located in an affected area, has received notices regarding sewer connection or septic upgrades, or may face a costly system replacement should carefully consider what must be disclosed. Failure to disclose known material facts can create significant risk and may lead to disputes or litigation after closing.

The cost of installing an ENR-OSTDS can be substantial. Estimates may range from approximately $15,000 to $35,000 or more, depending on the property, site conditions, system selected, permitting, maintenance requirements, and the availability of central sewer. Those figures are significant enough to affect property value, negotiations, financing, inspections and a buyer’s decision to proceed.

What does this mean for Realtors®?

Realtors can add substantial value by helping parties identify septic-related issues early in the transaction.

When representing a seller:

• Begin the septic conversation early in the listing relationship.
• Ask whether the property is served by a septic system or central sewer.
• Ask whether the seller has received notices, permits, inspection reports, repair estimates, sewer-connection information, or correspondence from a county, health department, utility provider, or environmental agency.
• Encourage thorough and accurate completion of a sellers’ disclosure form, such as the Florida Realtors® Seller’s Property Disclosure – Residential.

When representing a buyer:

• Ask direct questions about the septic system, its age, repair history, permits, maintenance records, and known upgrade requirements.
• Encourage the buyer to obtain appropriate septic inspections and evaluate sewer availability.
• Determine whether the property may be located within an applicable BMAP area or the Indian River Lagoon Program Area.
• Address known risks through due diligence, inspection periods, and contract negotiations.

How do we shine through the muck?

The best approach is to be the source of the source. Realtors do not need to become septic-system engineers, environmental regulators or attorneys. They do, however, need to know where to direct their customers for reliable information.

Useful resources include:

• The Florida Department of Environmental Protection (DEP), which provides information about BMAPs, septic-system requirements, and location-specific resources.
• DEP mapping tools that may allow users to enter a property address and determine whether the property is located in a BMAP area or another regulated area.
• County health department websites, which may provide local septic permitting, inspection, repair, and installation information.
• Local utility providers, which can help determine whether central sewer is available or whether connection may be required.

REVIEW BMAPs AND APPLICABLE SEPTIC REQUIREMENTS

The bottom line

Florida has approximately 2.6 million septic systems, serving a significant portion of the state’s population. As nutrient-reducing septic requirements expand and evolve, Realtors are increasingly likely to encounter properties with ENR-OSTDS issues, septic replacement concerns, sewer-connection obligations, or disclosure questions.

Knowledge is the best way to keep a transaction from getting bogged down in the muck. By asking the right questions early, directing customers to reliable resources, encouraging appropriate inspections and disclosures, and recognizing when legal or technical guidance is needed, Realtors can help their customers move forward with greater confidence—and come out smelling like roses.

Heather Rhodes is an Associate General Counsel

Note: Information deemed accurate on date of publication

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