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Important Update: Court-Ordered Moratorium on New Septic Permits in North IRL Watershed
We want to make you aware of a recent legal development that may significantly impact permitting processes within a delineated portion of the North Indian River Lagoon (IRL) basin.
The Space Coast Association of REALTORS® is actively monitoring this matter and has been in contact with Florida REALTORS® and the Space Coast Home Builders and Contractors Association.
Details on the Injunction:
Earlier this summer the U.S. District Court for the Middle District of Florida issued an Order and Permanent Injunction against Alexis A. Lambert, Secretary of the Florida Department of Environmental Protection (DEP) in Case 6:22-cv-02048-CEM-LHP. Under Paragraph 6 of the Order, the Florida Department of Environmental Protection (FDEP) is required to:
“Cease to issue new permits for the construction and installation of onsite sewage treatment and disposal systems (OSTDS) within the watershed delineated in the North IRL 2021 Basin Management Action Plan, effective July 17, 2025.”
This moratorium will remain in place until the DEP is granted an Incidental Take Permit, which allows for the incidental "take" of endangered or threatened species when such take occurs in the course of an otherwise lawful activity.
The DEP has appealed the Order, however it will remain in effect unless and until the appellate court reverses the Order or the Incidental Take Permit is issued.
The DEP does not expect to secure the permit before the resolution of the appeal.
Permits for repairs or modifications may still be issued, but only under specific circumstances. These include:
· Repairs or modifications to existing enhanced nutrient-reducing systems, or
· Replacement of a conventional system with an enhanced nutrient-reducing system, as outlined in Section 373.469(3)(d), Florida Statutes.
This issue will require on-going, long-term efforts on multiple fronts - including DEPs issuing the Incidental Take Permit and or the appellate court reversing the order.
The Association is engaging with local permitting agencies as the moratorium goes into effect to better understand how each jurisdiction intends to interpret and enforce the injunction.
Assistance and Grant Resources
There are resources available in the form of grants through the "Save Our Indian River Lagoon Homeowner Grants" For those who are required to upgrade their conventional septic system to an advanced septic system where septic to sewer conversion is not feasible as well as Septic-to-Sewer Quick Connects Grant Programs. More information can be found at the links below:
· Homeowner Grants: https://www.brevardfl.gov/SaveOurLagoon/Grants/HomeownerGrants
· Septic System Upgrade Grant Program: https://brevardfl.gov/SaveOurLagoon/SepticSystemUpgrades
Additional Information:
· View the full Permanent Injunction Order here: [Link to Order]
· View the North IRL 2021 BMAP Area Map here: [Link to BMAP Map]
We will continue to keep you informed as we learn more. If you have any questions or concerns, please don’t hesitate to reach out.
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