Council adopts voluntary Low Impact Development program and guidance manual after debate over mandatory rules

Volusia County’s council voted to establish a voluntary Low Impact Development (LID) program—comprising a comp‑plan amendment, zoning and land‑development ordinance changes and a published guidance manual—after extended discussion about whether elements should be mandatory.

What passed: On separate motions the council approved the comp‑plan amendment (ordinance 2025‑02), the zoning/LDR changes (ordinance 2025‑03) and a resolution adopting the LID guidance manual (resolution 2025‑**) that lays out a menu of best‑management practices and related incentives. The comp‑plan and zoning measures authorize conservation or cluster subdivision approaches in urban categories, remove code barriers to LID practices (for example, continuous curb requirements that block vegetated conveyances) and direct staff procedures for program administration.

Program design and how it works County staff and NRAC described the LID program as a voluntary, incentive‑driven menu designed to encourage developers and property owners to “mimic the natural stormwater process on‑site.” The guidance manual organizes measures and incentives into a “menu”: - Site‑design BMPs (avoid/minimize): examples include maintaining natural topography, preserving floodplain beyond minimums, retaining tree canopy, and minimizing impervious area. - Stormwater BMPs (mitigate): examples include vegetated swales, rain gardens, underground storage where appropriate and pre‑treatment with planted native vegetation. - Program rules: projects seeking incentives must choose at least four site‑design BMPs and at least two stormwater BMPs (six items total) from the menu; the manual links eligible incentives to individual BMP choices. - Incentives: the manual lists up to 15 incentives (process relief, flexible setbacks, landscape credits, reduced parking, and site‑specific options). The comp‑plan draft included a density bonus (up to +8 units urban‑low and +16 units urban‑medium) that PLDRC asked to remove; council approved the package that reflected PLDRC’s recommendation.

Debate: voluntary incentives vs. mandatory requirements Public commenters were split. Dozens urged mandatory LID, bans on “fill and build,” and immediate moratoria on new construction in vulnerable areas; other speakers—developers, NRAC members and some council members—argued a voluntary, incentive‑based program and education/outreach would be more effective and avoid unintended costs or displacement. NRAC members said they originally recommended a “hybrid” model (some mandatory elements plus incentives) but produced a voluntary, incentive‑oriented package after legal and practical constraints.

Council votes and rationale Council members debated the appropriate balance of regulation and incentives. The comp‑plan amendment and the zoning/LDR ordinance were approved on votes of 6–1 (Chair Brower recorded the lone no). The guidance manual was adopted by resolution on the same margin. Supporters called the program a pragmatic first step that removes barriers and invites innovation; opponents urged stronger mandatory requirements and fewer or no bonuses.

What the manual does not do Staff and NRAC emphasized the manual is not a retrofit mandate for existing development and that many large flooding problems (closed basins and extreme multi‑day events) require basin‑scale fixes, regional infrastructure and property acquisitions. The manual is intended to be administratively adaptable: council adopted it by resolution so staff and the Development Review Committee (DRC) can update technical guidance as BMPs evolve.

Next steps Staff will publish the manual, create DRC procedures for review and begin outreach and training for developers, planners and homeowners. The comp‑plan amendment will be submitted to state review where required. Councilmembers asked staff to return with data on pilot implementations, retrofits for existing neighborhoods and options to make some elements mandatory if voluntary uptake is inadequate.

Ending The adopted LID program establishes a voluntary, incentive‑driven pathway to encourage distributed stormwater treatment and reduce runoff from new development while staff and NRAC continue basin studies and consider broader policy options.