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Volusia County staff outline seven stormwater and wetlands strategies amid flooding concerns
Summary
Staff presented seven strategies for reducing flood risk and wetland impacts, including tighter local avoidance/minimization rules, property acquisition, canal maintenance, use of public land for stormwater and review of multifamily development along key corridors.
Volusia County staff and legal counsel presented a seven-part policy review April 1 aimed at addressing recent flooding events and recurring stormwater problems across the county. The presentation reviewed what local government can and cannot do under state and federal law and highlighted practical steps the county can take now.
Why it matters: residents in multiple neighborhoods — including Miller Lake, County Club Estates and other low-lying areas — have reported repeated flooding. Council asked staff for options the county can legally implement to reduce future flooding and to identify where responsibility lies with state regulators, cities or private landowners.
What staff presented: the report framed seven strategies: (1) restrict or better enforce wetlands impacts via stronger avoidance and minimization standards; (2) examine limits or requirements around mitigation banks and explain where state law preempts local rules on mitigation; (3) pursue acquisition or elevation of repeatedly flooded residential properties; (4) expand canal and ditch maintenance and seek federal funding for major channel rehabilitation; (5) identify and use public lands (Echo, Volusia Forever, county-owned parcels) where appropriate for stormwater management; (6) review multifamily development patterns along thoroughfares such as LPGA and the county’s role relative to cities; and (7) consider limits on bringing fill onto vacant lots and construction techniques (for example, elevated or stem-wall foundations) to reduce flood risk.
Legal limits: County attorneys advised the council that the federal Clean Water Act and Army Corps 404 permitting, plus Florida Department of Environmental Protection and regional water-management district (St. Johns River Water Management District) rules, govern wetland delineation and mitigation. Those laws preempt local governments on the technical definition of wetlands and on mitigation credit rules (the uniform method for assessing mitigation is set at the state/federal level). County staff said the council can, however, tighten avoidance and minimization standards and require local wetland alteration permits in the unincorporated county; staff emphasized these approaches are applied case-by-case and must respect private property rights to avoid “takings” claims.
Property acquisition and maintenance: staff said the county already uses multiple funding streams — FEMA hazard-mitigation grants, state programs such as Elevate Florida, ECHO, Volusia Forever and stormwater utility funds — to acquire repeatedly flooded properties. Staff also outlined an active canal-maintenance program and said crews inspect canals before storms and perform targeted mechanical rehabilitation where access and funding allow. Some larger rehabilitation projects require federal funding and interagency coordination.
Next steps and council direction: council members asked staff to return with prioritized lists of potentially acquirable parcels tied to basin studies and cost estimates, and to accelerate coordination with cities on shared canals and mitigation options. Staff said NRAC (the county’s Natural Resources Advisory Committee) can be tasked to modernize chapter 50/72 wetland implementation language and recommend stronger avoidance/minimization standards. The county attorney advised staff that proposed local changes must be drafted to avoid legal vulnerabilities while pursuing stronger local standards where permitted by state law.
