A Q&A with BGE Land/Site Director Jenny Urcan
Florida’s modernized stormwater regulations represent a critical shift in how land development projects must approach water quality protection to prevent nutrient pollution from runoff.
According to Florida Department of Environmental Protection (DEP), 87% of Florida counties have nutrient-impaired waterbodies. Addressing stormwater-related nutrient impacts is an important step to protect Florida’s waterways.
The updated requirements call for more effective stormwater management systems and will significantly impact how projects are designed, permitted, and maintained throughout the state. For civil engineers, land developers, builders, and landscape architects working in Florida, understanding these new rules is essential for project success and regulatory compliance.
Jenny Urcan, PE, director of land/site development for BGE, Inc., who specializes in stormwater compliance in the St. John’s River Water Management District, breaks down what these changes mean for the industry.
Can you explain what stormwater prevention is and why it’s become such a priority in Florida?
Stormwater prevention addresses nutrient pollution in our nation’s waters, which the U.S. Environmental Protection Agency (EPA) considers a top priority. In Florida, a wet state, we’re dealing with a significant challenge managing stormwater runoff. Historically, stormwater management systems were believed to achieve at least 80% pollutant reduction, including nutrients, but data shows this isn’t the case, according to the DEP.
The Clean Water Act Section 303(d) establishes the framework for regulators to set maximum pollutant levels allowed in waterbodies. For Florida, this responsibility is divided among different water management districts. I work primarily with the St. John’s River district, where we help ensure compliance with these evolving standards.
The ultimate goal is protecting the quality, health, and integrity of our waterways from stormwater discharge that may contain pollutants. When water becomes impaired, it can’t be used for certain purposes. The worst-case scenario is excessive nitrogen and phosphorus contaminating drinking water—a major problem when 90% of Florida’s drinking water comes from groundwater.
Why is stormwater runoff specifically a concern for land development projects?
Stormwater runoff occurs naturally during rain events and flooding. When water can’t seep into the ground naturally, it flows over man-made urban surfaces like roads and other impermeable surfaces, carrying pollutants into rivers, streams, lakes, and coastal waters. This impacts fragile ecosystems like Florida’s wetlands and culturally significant waters.
Builders in sensitive ecoregions must understand how to comply with stormwater prevention rules while creating new infrastructure and developments. They need to demonstrate how their projects will remove nitrogen and phosphorus at the levels specified in the regulations.
Take the Storm Water Pollution Prevention Plan (SWPPP), for example. It’s a basic statement of how a site should be managed to prevent or significantly reduce pollutant discharge during construction. St. Johns County requires preparation and certification by a Professional Engineer (PE)—that’s where firms like BGE come in to support compliance from assessment through operations and maintenance.
What are the key regulatory requirements developers need to understand?
There are two main permit programs to understand. Environmental Resource Permits (ERPs) are required for projects that alter land topography enough to increase stormwater runoff. These permits authorize stormwater management system construction and require owners to maintain systems in perpetuity.
NPDES stormwater permits are required for construction activities, industrial activities, and municipal separate storm sewer systems. These require permittees to develop stormwater pollution prevention plans, minimize and control pollution, implement structural and nonstructural best management practices, and conduct periodic audits and inspections. Both programs now require demonstrating compliance with the updated performance standards for nutrient removal.
How will the updated stormwater rules affect current and future land development projects?
The changes fall into three main areas. First, the rules are more restrictive, but existing ERPs are grandfathered. The final rule was filed in April 2023 and applies statewide since it was ratified in June 2024.
Adopted amendments cover minimum performance standards, design flexibilities, maintenance and operations requirements, and grandfathering for ERP applications deemed complete within 12 months after ratification. FDOT projects that completed their Project Development and Environment Study before implementation are also honored.
Second, there are additional operations and maintenance costs to consider. Projects will require larger stormwater facilities, more land, and more robust filter systems that remove nitrogen and phosphorus, increasing development costs significantly. For example, adding one filtration system might triple the cost—if a traditional structure cost $10,000, the new system could cost $30,000. Some projects may require filter changes every six months, making operations and maintenance planning critical.
Third, product availability and supply chain constraints present challenges. There are limited products currently available that meet the updated requirements, so supply chain bottlenecks could become an issue. These solutions must be validated with proper documentation proving they can efficiently remove nutrients to required levels.
Our land/site team is working through the new regulations on a case-by-case basis, starting early at the planning level and guiding developers through each phase as we engineer custom solutions together.
What should developers know about the new performance standards?
The new rules use a two-pronged approach. First, you compare expected post-development nutrient loading with pre-development loading to ensure no increase. Second, you evaluate minimum treatment performance standards for nitrogen and phosphorus, which vary based on the receiving water body’s category and condition.
The performance standards differ significantly based on site conditions:
- For standard sites with non-impaired waters: 80% total phosphorus (TP) reduction and 55% total nitrogen (TN) reduction
- For Outstanding Florida Waters: 90% TP and 80% TN reduction
- For impaired waters: 80% TP and 80% TN reduction, plus post-development loading must be less than pre-development for impaired parameters
- For impaired Outstanding Florida Waters: 95% TP and 95% TN reduction with the same pre/post requirements
DEP states that the more protective of the two prongs becomes the basis for your stormwater treatment system design.
How can BGE help developers navigate these requirements?
BGE supports every stage of land/site development, from developing basin management action plans to demonstrating load reduction as specified by state requirements. We want to facilitate a smooth transition when implementing these stricter requirements.
Our approach involves clearly communicating objectives, discussing standards with industry peers, and supporting regulators with guidance and resources.
We provide services from site assessment, evaluation, and planning through operations, preventative maintenance, and inspection to ensure regulatory compliance. We help contractors and developers identify the right solutions for operations and maintenance, develop criteria, handle permitting, and create water quality monitoring plans.
Our goal is helping communities comply with increased nutrient regulation while maintaining industry best management practices for filtering pollutants and controlling them at the source.
Jenny Urcan, PE, Director of Land/Site in Jacksonville, Florida, brings extensive experience in civil/site engineering and project management. With a background in land development, she has successfully led projects as both a project engineer and manager. Her expertise spans due diligence, sub-consultant and contractor coordination, site planning, stormwater analysis, grading, and stormwater system design. Jenny has managed multi-million dollar projects and worked on joint ventures with the US Army Corps of Engineers, excelling in schedule and budget oversight, environmental and design reports, and construction coordination. Her leadership ensures seamless project execution, from planning through completion.
About BGE, Inc.
For 50 years, BGE, Inc. has served public and private clients as a full-service, multidiscipline engineering consulting firm with integrated capabilities. BGE delivers a broad range of advisory services, technical expertise and innovative, sustainable solutions to support local, regional and national communities as they shape the future of infrastructure. Backed by five decades of civil engineering leadership, BGE helps our client partners solve their most critical challenges Explore our consulting services and solutions: https://www.bgeinc.com/
