Is it legal to drill your own well in Florida?
Content
In this article, you will find out if building a well is legal in Florida, including the legal details.
As someone who has completed several Florida well contracts, I am very knowledgeable about water well drilling procedures and the legality. Well construction in Florida is heavily regulated. However, the intensity of regulation and permitting varies widely across the five counties. Knowing how to get a permit and under what conditions you can build a well in an uncontaminated aquifer without a license will help you avoid run-ins with the law.
As a rule, you must comply with the requirements of the Florida Water Authority (FWMD) and the Florida Department of Environmental Protection (FDEP) and obtain a license to drill your own water well in Florida.
- Some counties in Florida will allow you to build a well without a license if it is less than 2 inches in diameter, but you need a FWMD green light.
- Drilling holes larger than 2 inches in diameter requires a permit.
I'll go into more detail below.
Well construction in Florida
The construction of water wells is associated with groundwater pollution and other environmental problems. In this vein, various federal environmental laws regulate well construction. However, federal law does not regulate the construction of wells in Florida.
Some problems associated with well construction include seepage of hazardous waste from a contaminated well into the aquifer. In such a situation, an investigation will be conducted in accordance with the Comprehensive Environmental Indemnification and Liability Act (CERCLA).
So, in short, you must contact the Florida Water Resources Management Districts (FWMD) for formalities before drilling a water well. This is because, at the state level, the Florida Department of Environmental Protection (FDEP) allocates Florida's statutes through constitution chapter 373 and section 373.308.
This transferred much of its statutory authority to oversee the construction of water wells to the FWMD. Therefore, drilling a water well without the consent of the FWMD, which is under the auspices of the FDEP, will be illegal.
Attention
These charters and rules are designed to ensure the safety and quality of water produced from wells. The quality and quantity of aquifer or groundwater is also protected.
DVVH also controls the amount of water received from the well, they have set certain requirements depending on the diameter of the well and permits for non-returnable use. You can find detailed information on permissive use permissions in FE608, Perpetual Use.
Requirements for the construction of water wells
As mentioned above, you must check this with the relevant authorities (in particular the FWMD) before considering building a water well. Otherwise, you will be breaking the law.
The law allows only licensed contractors to build, repair, or cast wells.
FWMD oversees testing and licensing procedures for water supply contractors. However, there are some exceptions to the requirement to hire a licensed contractor. Individuals may be allowed to dig wells as long as they comply with local and state laws.
Therefore, permission is not required in the following two cases (see section 373.326(2) of the Florida Statute):
Case 1: Drilling a two-inch domestic water well
Homeowners are allowed to dig 2-inch wells in their homes for domestic purposes such as farming.
Attention
Homeowners or tenants may still be required to obtain a permit and submit a detailed well completion report to the Florida Water Management District. To determine if you need a permit for a 2" well, contact your local authority (county office or UF/IFAS development department).
Case 2: If the Fwmd excludes the possibility of unnecessary hardship for the applicant
Compliance with the Florida Well Construction Act may cause unnecessary hardship for the applicant. In such a case, the FWMD allows the water contractor or individual to drill the well without a license.
Attention
However, you must claim an exemption from unreasonable hardship. Write a formal request to the water management district. The FWMD will evaluate your report with the FDEP before you get the green light.
important points
Several Florida counties have introduced local ordinances with stricter requirements for permits to build water wells or obtain licenses. For example, in Manatee County, property owners must obtain a water well license for any well, even wells less than 2 inches in diameter.
Wells over 2 inches in diameter
Three-inch, four-inch, etc. wells must be built by licensed contractors. Homeowners also need a permit to build such wells.
Attention
The five FWMDs in Florida may have different permit requirements. So be sure to contact your FWMD for accurate water well construction information. Luckily, you can visit the official FWMD website for more information.
Exclusion Criteria
The main exemptions for permits or licenses for construction, renovation and waste disposal fall under the following areas:
The wells were built before 1972.
You do not need to obtain a building permit retroactively for wells built before 1972. But you still need a permit to repair or decommission if the FDEP flags your wells as hazardous to groundwater sources.
Temporary operation of dewatering equipment
You do not need a building permit to operate the dewatering equipment.
A building permit is not required before construction, repair, or abandonment of wells exempt from liability under Florida Statute Chapter 373, sections 373.303(7) and 373.326 (including oil wells, natural gas wells, mineral wells, and mineral wells). fossils).
Location of water wells
FWMD also determines where to place or build a well. Therefore, you must submit your potential water well site to the FWMD for approval.
Preliminary coordination of water well sites prevents the possibility of drilling a well in an area of existing pollution or pollution of groundwater. FDEP continuously updates and publishes maps of contaminated aquifer areas. You can request this information from your FWMD. (1)
The FWMD and health departments also mandate a minimum distance that wells must be built from contaminated aquifers. In addition, FWMD advises applicants on the minimum distance of water wells from drainage fields, chemical storage areas, septic tanks and other contaminated items and structures.
In this regard, it is very important to consult FWMD on where to build your well. In this way, you will prevent water poisoning and diseases associated with drinking contaminated water.
Also note that if pesticides are applied thoughtlessly, they can poison the aquifer and therefore cause widespread groundwater pollution. Therefore, farmers must understand the rules for building water wells. (2)
Take a look at some of our articles below.
- How long does it take to drill a well
- Where are hydraulic shock absorbers required?
- How to check the heating element without a multimeter
Recommendations
(1) groundwater pollution – https://www.sciencedirect.com/topics/
earth and planetary science/groundwater pollution
(2) ubiquitous pollution - https://agupubs.onlinelibrary.wiley.com/doi/abs/
10.1029 / 2018GL081530
Video link
