Governor Ron DeSantis signed Senate Bill 848 into law on May 6, 2026, giving Florida engineers and developers a clearer statutory pathway to use regional stormwater treatment systems to satisfy Environmental Resource Permitting requirements.
The bill authorizes Regional Stormwater Management Systems and Water Quality Enhancement Areas as standard compliance tools, moving off-site treatment from a regulatory exception to a routine design option.
What SB 848 Actually Changes
The bill does not alter Florida’s underlying stormwater performance standards. Those remain in the ERP program. What changes is how those standards may be met.
SB 848 formally defines and authorizes Regional Stormwater Management Systems as facilities that generate pollutant reduction allocations, which ERP applicants within a defined drainage area can use to satisfy stormwater treatment requirements.
The bill also requires RSMS applicants to demonstrate financial responsibility for construction, operation, and long-term maintenance, and requires permits to identify the area served by the system.
The bill also confirms the role of Water Quality Enhancement Areas. WQEAs generate enhancement credits that can be used for ERP stormwater treatment compliance. DEP is required to adopt final WQEA rules by October 1, 2026, with provisional permits available in the interim.
Why This Matters for Project Design
The practical implication is a shift in how early stormwater compliance gets evaluated in the planning process. Engineers will need to assess regional treatment options before design is locked in.
Developers and public sponsors will need to compare onsite treatment, compensating treatment, RSMS allocations, and WQEA credits based on cost, schedule, receiving-water constraints, and nutrient reduction performance.
SB 848 does not create unlimited stormwater trading, and it does not eliminate onsite design obligations. What it does is create a more structured pathway for regional systems to compete with traditional onsite treatment when they can produce equivalent or better water quality results.
For permit applicants, stormwater compliance should now be evaluated as a portfolio of tools. Onsite stormwater ponds remain important, but RSMS allocations and WQEA credits are now part of the standard design toolbox under Florida law.
MBG has been tracking this legislation since its introduction and works with developers, engineers, and consultants on both sides of the transaction, sourcing credits for permit compliance and evaluating opportunities to generate them.
If your project is in a BMAP area, TMDL watershed, or nutrient-impaired water body, contact us to discuss how SB 848 may affect your compliance strategy.
Source:
Florida Specifier Staff Reports. “SB 848 Makes Regional Stormwater Treatment a Standard Compliance Tool.” Florida Specifier, May 7, 2026. https://floridaspecifier.com/featured/sb-848-makes-regional-stormwater-treatment-a-standard-compliance-tool/
Victoria K. Bruce is the Founder and CEO of The Mitigation Banking Group, Inc. MBG has represented mitigation banks and ERP applicants across Florida since 2004. For questions about mitigation credit availability or ERP compliance strategy, contact us at victoria@mitigationbankinginc.com.
