Lee County commissioners transmit zoning text amendments tied to Florida House Bill 1379 to state for review

Lee County commissioners voted Feb. 19 to transmit county-initiated comprehensive-plan text amendments (CPA2024-00007) to the Florida Department of Environmental Protection for review, a step that county staff says is needed to align local planning rules with Florida House Bill 1379.

The amendments would add policies and a table that identify clusters of more than 50 residential lots (built or unbuilt) of one acre or smaller served by more than one on-site sewage treatment and disposal system per acre, require an annual feasibility determination for providing sanitary sewer service within 10 years, and encourage advanced wastewater treatment in Basin Management Action Plan (BMAP) areas. Brandon Dunn, manager of the Planning section in the Department of Community Development, presented the changes to the board and said staff joined the proposed text to state law.

Why it matters: House Bill 1379 (passed May 3, 2023, effective July 1, 2023) changed statutory requirements for counties with watersheds subject to BMAPs. Lee County staff said the amendments are intended to keep the county’s comprehensive plan consistent with state law and to produce a table (Attachment 1 / Table 6) identifying unserved clusters that the county must update annually and submit to the Florida Department of Environmental Protection (FDEP).

What commissioners approved: The board approved transmittal to the state for agency comment. The motion to transmit was moved and seconded during the hearing and carried with no objections recorded. Staff emphasized that transmittal is not a commitment to build infrastructure; it only reports where state statute requires identification of clusters and whether extensions appear feasible.

Details of the proposed changes: County staff summarized eight statute-driven topics staff reviewed, including: - Adding or amending policies (for example, proposed Policy 56.1.3 and amendments to Objective 18.3, Policies 1.4.1, 1.4.3, 2.2.1, and 23.1) to prioritize advanced wastewater treatment and to allow reporting of potential sewer extensions. - A statutory trigger that requires identifying any “development” of more than 50 residential lots (built or unbuilt) smaller than one acre with more than one on-site sewage system per acre, and to determine feasibility of providing sanitary sewer service within 10 years. - A requirement that counties subject to a BMAP provide annual reports to FDEP updating a table that lists each cluster and whether sewer line extension is feasible; Lee County’s table currently identifies no feasible extensions due to capacity, distance, or high cost. - A recognition that septic systems in Lee County are currently permitted by the Florida Department of Health and are transitioning to the Florida Department of Environmental Protection; in BMAP areas, lots under one acre without public water or sewer would be required by state law to install advanced septic treatment if sewer is not feasible.

What staff found: Staff said the county’s capital improvement program already contains projects supporting nutrient-reduction goals, and no immediate additional county capital projects were required to meet the statutory language. Staff identified 84 clusters in Lee County that meet the statute’s criteria; the table required by statute records for each cluster whether a sewer extension is feasible, distance to nearest transmission lines, and other statutory data.

Public comment and local concerns: Dozens of residents spoke during public comment, urging preservation of rural community plans and expressing concern that the amendments could be used to enable denser development. Denise Eberly (Alva) said removing the sentence “these areas are not programmed to receive urban type capital improvements” would erode rural protections; Darius Cochran (North Olga/Buckingham) and others urged that the changes not be used to drive higher density. Several speakers also pressed county staff about what “feasible” means in the statute; staff said the statutory standard does not define feasibility and that the county must report whether extensions appear feasible within a 10-year timeframe.

County utilities and connection rules: Nathan Beales of Lee County Utilities explained that current Florida statutory rules treat gravity sewer as “available” (the utility-notify-and-connect rule gives customers 365 days to connect after a gravity sewer is installed and the utility notifies them). Pressurized (force) mains used to reach scattered clusters are not considered “available” under statute, so an installed pressurized extension would not automatically trigger the connection requirement for existing homes. The county’s Land Development Code requires connection where public water is available for new construction.

Staff and LPA process: Staff presented the draft amendments to the Local Planning Agency (LPA); staff said the LPA received public comment, recommended certain clarifications, and asked staff to withhold several policy changes for additional analysis. Staff reported making revisions to narrow the scope of changes for certain community-plan areas (for example, Bayshore and Buckingham) to avoid unintentionally changing specific community-plan outcomes.

Next steps: The board’s vote authorizes transmittal of the proposed amendments and the required table (Attachment 1 / Table 6) to FDEP for state-agency review. If FDEP or other state agencies provide comments, staff may return to the board with revised language; final adoption would occur after state review and any further local action.

Closing note: Staff and several commissioners said the transmittal step is intended to align the comprehensive plan with state law rather than to authorize any immediate construction. Brandon Dunn said, “This is a county-initiated text amendment” and staff clarified the list of statutory items the county reviewed. Nathan Beales noted that current state rules require connection after gravity sewers are installed and notified; pressurized mains are treated differently under state statute.

Votes at a glance - Motion to transmit CPA2024-00007 (House Bill 1379 amendments) to the Florida Department of Environmental Protection for state-agency review — result: approved (motion moved and seconded; no objections recorded).