FR.3 - Update Drainage Recertification Guidelines
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AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (“CITY CODE”), TITLED “FLOOD DAMAGE PREVENTION,” PROVIDING GUIDELINES AND TIMELINES FOR RE-CERTIFICATION OF EXISTING DRAINAGE SYSTEMS; AMENDING RELATED FEE PROVISIONS, PROVIDING THAT APPLICABLE FEES SHALL BE SET BY RESOLUTION; ESTABLISHING REPORTING CRITERIA FOR COMPLIANCE, AND ALIGNING DRAINAGE RECERTIFICATION REQUIREMENTS WITH THE CITY OF MIAMI'S BUILDING RECERTIFICATION PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
July 23, 2026
Sponsors
Department of Building
Department: Department of Building
Category: Other
WHEREAS, the City of Miami (“City”) is increasingly vulnerable to flooding, sea level rise, and extreme weather events, making the proper operation and maintenance of drainage systems essential to public safety and flood damage prevention; and
WHEREAS, Chapter 20 of the Code of the City of Miami, Florida, as amended (“City Code”), governs flood damage prevention and includes requirements related to drainage systems in both special flood hazard areas and nonspecial flood hazard areas; and
WHEREAS, the City Commission adopted amendments to Chapter 20 under Ordinance No. 14295 on July 11, 2024, including drainage system re-certification requirements, and further clarification is necessary to ensure consistent understanding and implementation by property owners and certifying professionals; and
WHEREAS, the establishment of clear reporting criteria, standardized documentation, and defined timelines will improve compliance and administrative efficiency and ensure reliable evaluation of existing drainage systems; and
WHEREAS, aligning drainage re-certification requirements with the City’s Building Recertification Program, including phased timelines based on system age and standardized inspection protocols will promote consistency, clarity, and long-term infrastructure planning; and
WHEREAS, the review and issuance of drainage re-certifications will require administrative and technical review by the City, and establishing a schedule of fees will help defray the costs associated with implementation and compliance review; and
WHEREAS, authorizing the City Commission to establish such fees by Resolution, as may be amended from time to time, will provide administrative flexibility and maintain consistency with other fee provisions in the City Code; and
WHEREAS, these amendments advance the City’s flood resilience and climate adaptation objectives while protecting public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 20 of the City Code, titled “Flood Damage Prevention,” is amended in the following particulars:
“CHAPTER 20
FLOOD DAMAGE PREVENTION
Sec. 20-1. – Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
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Development.Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment
Drainage re-certification. The requirement for specific inspection of existing on-site drainage systems and the furnishing of a written report of such inspection as prescribed herein to the Building Official.
Drainage systems.The surface and subsurface system for the removal of water from or control of water on the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and man-made elements which include culverts, drains, ditches, channels, piping, drainage wells and storage facilities. Any system which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a given area either by drains, grading or other artificial or natural means thru the use of a drainage structure, including but not limited to a culverts, storm drains, stormwater retention or detention ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration trench/systems, which convey stormwater into the underlying soil
Drainage System Age. The difference between (a) the present year and (b) the year-built information recorded with the County Property Appraiser for the building notwithstanding any renovations or modifications that have been made to the building or structure, or drainage system since the year built.
Elevated building.A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
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Sec. 20-3.-Development in special flood hazard areas and nonspecial flood hazard areas.
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(15) Drainage Systems as defined herein shall require re-certification once a Drainage System reaches a Drainage System Age of ten (10) years and every ten (10) years thereafter. As a courtesy, the Building Official shall provide the property owner with advance notice, one (1) year before the applicable re-certification anniversary year, of the upcoming drainage system re-certification requirement every 120 months from the date of final inspection as set forth herein. The property owner shall also be notified of the required re-certification ninety (90) days60 days in advance of their due date, with a Notice of Required Inspection relating to the required re-certification once the Building Official has determined that a drainage system has a Drainage System Age of 10 years and every 10-year interval thereafter. For drainage systems that are 10 years of age or older on the effective date of this ordinance, the applicable compliance date shall be the date established by the Building Official or Designee pursuant to the administrative phase-in schedule set forth in Subsection (g). Notwithstanding the foregoing, the failure by a Building Official to provide courtesy advance notices shall not affect a property owner's requirement to timely re-certify a Drainage System. The re-certification review for compliance, along with the issuance of the re-certification, shall carry a fee. The fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the Resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website. Properties with three dwelling units or fewer are exempt from this section. Residential properties with four dwelling units or more, or where the drainage systems are comprised of five or more drainage structures on the property, shall require that the drainage re-certification be completed by a registered professional engineer.
a.The owner of a property subject to re-certification shall furnish, or cause to be furnished, a written report to the Building Official certifying that each such Drainage System is in proper functional condition or has been made so, in conformity with the minimum inspection procedural guidelines as issued by the Board of Rules and Appeals. The written report shall bear the impressed seal and signature of the responsible engineer who has performed the inspection, unless submitted electronically with a verifiable digital signature as described in F.S. 668.001. The report shall meet minimum standards as provided by the Building Official and shall indicate the manner and type of inspection(s) forming the basis for the report and description of any matters identified as requiring remedial action and includeallAllrelevant information on the existing drainage system, including, but not limited to, the approved as-built drawings and a detailed description of the existing drainage, including the intent of the system.
b.The responsible engineer shall conduct Aa site inspection of the entire drainage system to determine the functional condition pursuant to the system design intent and what, if any, maintenance, modification, and/or repair work is required in order to re-certify the drainage system in accordance with the following items:
1.Catch basin grates, manhole covers, and outfalls are to be free of obstructions.
2.Probe catch basins for mud, debris, silt, etc. (depth of material in a pipe shall not exceed five percent of the diameter of the pipe and the depth of material in a catch basin sump shall not exceed five percent of the distance from the bottom of the structure to the lowest pipe invert).
3.Check headwalls for deterioration and any signs of erosion.
4.Check for broken grates.
5.Check weirs and baffles installation (12 inches minimum sump clearance from bottom of structure to bottom of baffle, if applicable).
6.Check for areas of sunken or deteriorated pavement which may be a sign of a drainage problem.
7.Check for modifications to swales and retention areas.
8.Check for proper maintenance of swale and retention areas.
9.Check for alterations to original design and construction of drainage system.
10.Check for alterations to original design and construction of drainage system.
11.Verify that no vegetative overgrowth vegetation exists that is in conflict with drainage system components over drainage systems.
c.All stormwater drainage pumps shall be inspected by a registered professional engineer irrespective of property type. Irrespective of property type, all All drywells and drainage wells, including injection wells, shall be inspected by a certified well driller working with the responsible engineer irrespective of property type. Pressurized systems with wells and/or pumps shall be certified for that it continues to function as designed and constructed. A gravity type drainage system, such as exfiltration systems shall require re-certification as per this section (b) 1\. through 11. These systems shall be required to function as designed, constructed and/or permitted. A detailed report of inspection and proper function from a registered professional engineer or and certified well driller (as applicable) shall be required for re-certification.
d.In the case that recertification of a system requires maintenance or repair, Ccompletion of all necessary required maintenance, modification, and/or repair work as denoted by the registered responsible engineer and performed by a licensed contractor and verified by the certifying engineer. shall require the responsible engineer who has performed the initial re-certification inspection and report to verify and provide an amended report indicating that the property has been re-certified. In the event that maintenance, modification, and/or repairs are found to be necessary as a result of the re-certification inspection, the owner shall have a total of 180 days from the date of Notice of Required Inspection in which to:
1.Complete indicated maintenance, modification, and/or repairs which do not require Permits; or
2.Acquire any necessary permits. Maintenance, modification, and/or repairs requiring Permits shall be executed in conformance with all applicable Sections of the Building Code and shall follow the timeline provided in any applicable active Permit.
e.If required, allAll copies of plans and drawings, together with supporting calculations and documentation submitted must be signed, sealed, and dated by a registered professional, as required by F.S. chs. 471, 472, 481 or 492, as applicable, when the design of the system stem repair or modification requires design the services.
f.A maintenance log, if not already kept by the property owner, will be required for any future drainage re-certifications. The maintenance log shall include records related to the operation of the drainage system, including but not limited, to an estimate of the stormwater volume passing through the system in a year, dates of inspection and copies of any associated documents that evidence inspection, and dates of repairs and/or replacements of parts with type of maintenance and parts replaced, if any.
g.Existing drainage systems that, as of the effective date of Ordinance \_\_\_\_\_\_\_\_ , have already reached a Drainage System Age of ten (10) years or greater shall be inspected required to undergo an initial re-certificationpursuant to an administrative compliance schedule established by the Building Official or Designee. The Building Official or Designee may assign such properties into notice and compliance cohorts based on Drainage System Age, property type, number of drainage structures, geographic area, operational capacity, or other reasonable administrative criteria, provided that each affected property is issued a written Notice of Required Inspection establishing its applicable deadline for compliance. For properties subject to this initial phase-in process, the deadline stated in the Notice of Required Inspection shall constitute the owner’s required compliance date for purposes of this Chapter. Following completion of the initial re-certification required under this Subsection, within 24 months of the adoption of this ordinance, subsequent re-certifications shall be required every ten (10) years thereafter. The Building Official may revoke any re-certifications if the Building Official determines that the written re-certification report contains any misrepresentation of the actual conditions of the Drainage System.
h.Should property owner be unable to meet the requirements set forth in this section then an alternative engineered solution for flood protection may be presented to the building official or his/her designee in consultation with the director of resilience and public works.
i.Drainage systems subject to the requirements in subsection20-3(15) of this chapter where the owner fails to timely respond to the notice of required recertification re-certification or fails to make all required repairs, maintenance, or modifications found to be necessary by the deadline specified in the Code or any written extension granted by the building official, or designee, shall result in enforcement as provided inchapter 2, article X of the City Code in addition to any other enforcement provided insection 20-14.
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Sec. 20-16. - Schedule of Fees. There shall be a fee for applications related to Waivers in Subsection 20-3(11); for Drainage Re-certifications in Subsection 20-3(15); for applications for Variances from Subsections 20-4 and 20-5; for appeals of decisions to the Building Official; and for after-the-fact Variances. The fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the Resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website.
(a) Application for waiver from subsection 20-3(11)(a).
(1) Residential .....$210.00
Each additional structure .....26.25
(2) Commercial .....394.00
Each additional structure .....26.25
(b) Application filing fee for variance from sections 20-4 and 20-5.
(1) Single-family residential (per house) .....$420.00
(2) Commercial, industrial or other (per building) .....840.00
(c) Appeal to decision of the building official.
(1) Residential (per house) .....$473.00
(2) Commercial (per building) .....840.00
(d) Application fees for variances (after the fact). Application fees for variances (after the fact) shall be assessed at double the amount indicated above.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
WHEREAS, Chapter 20 of the Code of the City of Miami, Florida, as amended (“City Code”), governs flood damage prevention and includes requirements related to drainage systems in both special flood hazard areas and nonspecial flood hazard areas; and
WHEREAS, the City Commission adopted amendments to Chapter 20 under Ordinance No. 14295 on July 11, 2024, including drainage system re-certification requirements, and further clarification is necessary to ensure consistent understanding and implementation by property owners and certifying professionals; and
WHEREAS, the establishment of clear reporting criteria, standardized documentation, and defined timelines will improve compliance and administrative efficiency and ensure reliable evaluation of existing drainage systems; and
WHEREAS, aligning drainage re-certification requirements with the City’s Building Recertification Program, including phased timelines based on system age and standardized inspection protocols will promote consistency, clarity, and long-term infrastructure planning; and
WHEREAS, the review and issuance of drainage re-certifications will require administrative and technical review by the City, and establishing a schedule of fees will help defray the costs associated with implementation and compliance review; and
WHEREAS, authorizing the City Commission to establish such fees by Resolution, as may be amended from time to time, will provide administrative flexibility and maintain consistency with other fee provisions in the City Code; and
WHEREAS, these amendments advance the City’s flood resilience and climate adaptation objectives while protecting public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 20 of the City Code, titled “Flood Damage Prevention,” is amended in the following particulars:
“CHAPTER 20
FLOOD DAMAGE PREVENTION
Sec. 20-1. – Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
\*\*\*
Development.Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment
Drainage re-certification. The requirement for specific inspection of existing on-site drainage systems and the furnishing of a written report of such inspection as prescribed herein to the Building Official.
Drainage systems.The surface and subsurface system for the removal of water from or control of water on the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and man-made elements which include culverts, drains, ditches, channels, piping, drainage wells and storage facilities. Any system which collects, conveys, channels, holds, inhibits, diverts or treats stormwater from a given area either by drains, grading or other artificial or natural means thru the use of a drainage structure, including but not limited to a culverts, storm drains, stormwater retention or detention ponds with side slopes that must be stabilized by artificial means, French drains, or exfiltration trench/systems, which convey stormwater into the underlying soil
Drainage System Age. The difference between (a) the present year and (b) the year-built information recorded with the County Property Appraiser for the building notwithstanding any renovations or modifications that have been made to the building or structure, or drainage system since the year built.
Elevated building.A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation, perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls.
\*\*\*
Sec. 20-3.-Development in special flood hazard areas and nonspecial flood hazard areas.
\*\*\*
(15) Drainage Systems as defined herein shall require re-certification once a Drainage System reaches a Drainage System Age of ten (10) years and every ten (10) years thereafter. As a courtesy, the Building Official shall provide the property owner with advance notice, one (1) year before the applicable re-certification anniversary year, of the upcoming drainage system re-certification requirement every 120 months from the date of final inspection as set forth herein. The property owner shall also be notified of the required re-certification ninety (90) days60 days in advance of their due date, with a Notice of Required Inspection relating to the required re-certification once the Building Official has determined that a drainage system has a Drainage System Age of 10 years and every 10-year interval thereafter. For drainage systems that are 10 years of age or older on the effective date of this ordinance, the applicable compliance date shall be the date established by the Building Official or Designee pursuant to the administrative phase-in schedule set forth in Subsection (g). Notwithstanding the foregoing, the failure by a Building Official to provide courtesy advance notices shall not affect a property owner's requirement to timely re-certify a Drainage System. The re-certification review for compliance, along with the issuance of the re-certification, shall carry a fee. The fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the Resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website. Properties with three dwelling units or fewer are exempt from this section. Residential properties with four dwelling units or more, or where the drainage systems are comprised of five or more drainage structures on the property, shall require that the drainage re-certification be completed by a registered professional engineer.
a.The owner of a property subject to re-certification shall furnish, or cause to be furnished, a written report to the Building Official certifying that each such Drainage System is in proper functional condition or has been made so, in conformity with the minimum inspection procedural guidelines as issued by the Board of Rules and Appeals. The written report shall bear the impressed seal and signature of the responsible engineer who has performed the inspection, unless submitted electronically with a verifiable digital signature as described in F.S. 668.001. The report shall meet minimum standards as provided by the Building Official and shall indicate the manner and type of inspection(s) forming the basis for the report and description of any matters identified as requiring remedial action and includeallAllrelevant information on the existing drainage system, including, but not limited to, the approved as-built drawings and a detailed description of the existing drainage, including the intent of the system.
b.The responsible engineer shall conduct Aa site inspection of the entire drainage system to determine the functional condition pursuant to the system design intent and what, if any, maintenance, modification, and/or repair work is required in order to re-certify the drainage system in accordance with the following items:
1.Catch basin grates, manhole covers, and outfalls are to be free of obstructions.
2.Probe catch basins for mud, debris, silt, etc. (depth of material in a pipe shall not exceed five percent of the diameter of the pipe and the depth of material in a catch basin sump shall not exceed five percent of the distance from the bottom of the structure to the lowest pipe invert).
3.Check headwalls for deterioration and any signs of erosion.
4.Check for broken grates.
5.Check weirs and baffles installation (12 inches minimum sump clearance from bottom of structure to bottom of baffle, if applicable).
6.Check for areas of sunken or deteriorated pavement which may be a sign of a drainage problem.
7.Check for modifications to swales and retention areas.
8.Check for proper maintenance of swale and retention areas.
9.Check for alterations to original design and construction of drainage system.
10.Check for alterations to original design and construction of drainage system.
11.Verify that no vegetative overgrowth vegetation exists that is in conflict with drainage system components over drainage systems.
c.All stormwater drainage pumps shall be inspected by a registered professional engineer irrespective of property type. Irrespective of property type, all All drywells and drainage wells, including injection wells, shall be inspected by a certified well driller working with the responsible engineer irrespective of property type. Pressurized systems with wells and/or pumps shall be certified for that it continues to function as designed and constructed. A gravity type drainage system, such as exfiltration systems shall require re-certification as per this section (b) 1\. through 11. These systems shall be required to function as designed, constructed and/or permitted. A detailed report of inspection and proper function from a registered professional engineer or and certified well driller (as applicable) shall be required for re-certification.
d.In the case that recertification of a system requires maintenance or repair, Ccompletion of all necessary required maintenance, modification, and/or repair work as denoted by the registered responsible engineer and performed by a licensed contractor and verified by the certifying engineer. shall require the responsible engineer who has performed the initial re-certification inspection and report to verify and provide an amended report indicating that the property has been re-certified. In the event that maintenance, modification, and/or repairs are found to be necessary as a result of the re-certification inspection, the owner shall have a total of 180 days from the date of Notice of Required Inspection in which to:
1.Complete indicated maintenance, modification, and/or repairs which do not require Permits; or
2.Acquire any necessary permits. Maintenance, modification, and/or repairs requiring Permits shall be executed in conformance with all applicable Sections of the Building Code and shall follow the timeline provided in any applicable active Permit.
e.If required, allAll copies of plans and drawings, together with supporting calculations and documentation submitted must be signed, sealed, and dated by a registered professional, as required by F.S. chs. 471, 472, 481 or 492, as applicable, when the design of the system stem repair or modification requires design the services.
f.A maintenance log, if not already kept by the property owner, will be required for any future drainage re-certifications. The maintenance log shall include records related to the operation of the drainage system, including but not limited, to an estimate of the stormwater volume passing through the system in a year, dates of inspection and copies of any associated documents that evidence inspection, and dates of repairs and/or replacements of parts with type of maintenance and parts replaced, if any.
g.Existing drainage systems that, as of the effective date of Ordinance \_\_\_\_\_\_\_\_ , have already reached a Drainage System Age of ten (10) years or greater shall be inspected required to undergo an initial re-certificationpursuant to an administrative compliance schedule established by the Building Official or Designee. The Building Official or Designee may assign such properties into notice and compliance cohorts based on Drainage System Age, property type, number of drainage structures, geographic area, operational capacity, or other reasonable administrative criteria, provided that each affected property is issued a written Notice of Required Inspection establishing its applicable deadline for compliance. For properties subject to this initial phase-in process, the deadline stated in the Notice of Required Inspection shall constitute the owner’s required compliance date for purposes of this Chapter. Following completion of the initial re-certification required under this Subsection, within 24 months of the adoption of this ordinance, subsequent re-certifications shall be required every ten (10) years thereafter. The Building Official may revoke any re-certifications if the Building Official determines that the written re-certification report contains any misrepresentation of the actual conditions of the Drainage System.
h.Should property owner be unable to meet the requirements set forth in this section then an alternative engineered solution for flood protection may be presented to the building official or his/her designee in consultation with the director of resilience and public works.
i.Drainage systems subject to the requirements in subsection20-3(15) of this chapter where the owner fails to timely respond to the notice of required recertification re-certification or fails to make all required repairs, maintenance, or modifications found to be necessary by the deadline specified in the Code or any written extension granted by the building official, or designee, shall result in enforcement as provided inchapter 2, article X of the City Code in addition to any other enforcement provided insection 20-14.
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Sec. 20-16. - Schedule of Fees. There shall be a fee for applications related to Waivers in Subsection 20-3(11); for Drainage Re-certifications in Subsection 20-3(15); for applications for Variances from Subsections 20-4 and 20-5; for appeals of decisions to the Building Official; and for after-the-fact Variances. The fees shall be set by the City Commission, by Resolution, which may be amended from time to time. A copy of the Resolution setting forth the current fee shall be on file with the City Clerk and the Department Director. An updated Fee Schedule shall be maintained by the City Manager and made available via the City’s website.
(a) Application for waiver from subsection 20-3(11)(a).
(1) Residential .....$210.00
Each additional structure .....26.25
(2) Commercial .....394.00
Each additional structure .....26.25
(b) Application filing fee for variance from sections 20-4 and 20-5.
(1) Single-family residential (per house) .....$420.00
(2) Commercial, industrial or other (per building) .....840.00
(c) Appeal to decision of the building official.
(1) Residential (per house) .....$473.00
(2) Commercial (per building) .....840.00
(d) Application fees for variances (after the fact). Application fees for variances (after the fact) shall be assessed at double the amount indicated above.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
Fiscal Impact
N/A