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Real Estate
Andrew David Easler, Esq. Published October 30, 2026

Titusville Low Impact Development Ordinance: Planning and Zoning Commission Hearing on November 4


The Titusville Planning and Zoning Commission will hold a public hearing on the proposed Low Impact Development (LID) Ordinance on Wednesday, November 4, 2026, at 6:00 p.m. The draft would amend the city's Code of Ordinances and technical manuals to simplify and consolidate the rules for LID projects. LID refers to site design methods that manage stormwater as close to its source as possible. The commission will make a recommendation to the City Council, which will hold its own public hearing on December 8, 2026. The item is 9.A under New Business on the commission's agenda. The agenda calls it a legislative item.

What the Low Impact Development Ordinance Would Do

The staff report from Bradley Parrish, Community Development Director, states that the city has experience with its current LID standards. It says staff believes minor amendments to the code will increase their use in new development and redevelopment. The report states that staff will recommend reducing the number of administrative waivers needed to approve an LID best management technique (BMP).

The packet copy of the draft is labeled Ordinance No. X-2026. Practices named in the code include bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavement. The city encourages these practices through incentives.

The Legal Framework Behind Titusville's LID Rules

On October 26, 2021, the City Council adopted Ordinance No. 30-2021, which encouraged LID through incentives. The draft states that the Council also adopted Technical Manuals and Specifications with Ordinance No. 6-2021. Those manuals give design details for the Land Development Regulations.

The staff report cites two Comprehensive Plan policies. Policy 4.1.4 of the Coastal Management Element supports LID standards that reduce runoff, mitigate flood impacts, and provide for on-site capture and reuse of rainwater. Policy 1.11.2 of the Conservation Element requires the city to "evaluate and, if appropriate, adopt Low Impact Development practices in the land development regulations to conserve natural resources."

The draft states that LID strategies reduce the ecological burden of development on the Indian River Lagoon and other local waterbodies. It would amend Sections 30-2 and 30-421 of the city code, delete Section 30-422, and amend Chapters 9 and 11 of the technical manuals. The change to Section 30-2 would add LID to the list of items for which the Administrator may grant administrative exceptions, as described in the LID matrix in Section 11.6 of the manual.

Changes to the LID Analysis and Maintenance Documents

Section 30-422 of the current code is titled "LID analysis." It requires applications for subdivision plat or site plan approval to analyze the potential to use LID design practices. The draft would delete that section and mark it Reserved.

The LID list includes site planning items for hydrology, topography, soils, vegetation, and protection of surface waters and wetlands. The draft would change the label on each of these five items from Requirement to Guidance.

The current manual says operation and maintenance (O&M) documents will be required for each LID BMP unless the Administrator waives the requirement. Under the draft, O&M documents may be required. The Administrator would decide whether an O&M document is necessary for a particular BMP. Rain gardens (bioretention) and pervious pavement would automatically require one. The O&M documents include a recorded maintenance covenant that names a private maintenance entity and a secondary entity.

Changes to the LID Practices List and Parking Incentives

Table 11.1 of the manual lists the LID BMPs and the incentives tied to each. The draft lists these changes, among others.

  • Item 11.5.9, Minimize Building Footprint, would be marked Reserved. Item 11.5.10 would be renamed Minimize Total Impervious Surface Area/Building Footprint and would add multi-story building design options.

  • Item 11.5.11, on directly connected impervious area, would be marked Reserved. Its text on disconnecting downspouts would move to item 11.5.10.

  • Item 11.5.13, Minimize Soil Disturbance and Compaction, would be marked Reserved. Its text would be added to item 11.5.7 on tree canopy and natural landscaping.

  • The pervious pavement incentive would change from a minimum of 1,000 square feet to a minimum of 30 percent pervious pavement in place of an impervious surface.

  • Vegetated swales would become Enhanced Vegetated Swales/Bioswales, combined with a related BMP such as bioretention or Biosorption Activated Media (BAM).

The swale entry now refers to a definition in Chapter 403, Florida Statutes. The draft would remove that reference. Section 403.803, Florida Statutes, defines a swale as a manmade trench that meets set shape, water, vegetation, and design tests.

Under item 11.5.14, projects that meet the stated limits on lowering natural topography would be approved administratively and be eligible for incentives. Projects with other methods could submit a study to the Development Review Committee (DRC).

The draft would delete manual Section 11.7, which holds a separate LID parking table. It would add LID parking rates to Table 9.16.4, which would show the standard minimum next to the minimum with LID. Developments that use 100% pervious pavement for parking spaces would be eligible for up to 125% of the minimum. Under amended Section 30-421, using several BMPs related to parking count may result in only one parking count flexibility incentive for a project.

What It May Mean for Property Owners, Builders, and Developers

The manual states that the LID matrix is intended as a reference for design professionals to consider alternatives to conventional land planning and site design. If the draft is adopted, builders and developers who file subdivision plat or site plan applications would not face the separate LID analysis rule in Section 30-422.

Owners of sites with LID BMPs have ongoing duties under the manual. The draft keeps these provisions. Inspection under the maintenance covenant is the sole responsibility of the property owner. The full system is inspected each year, and the private maintenance entity submits an inspection report to the city. It also states that the owner is responsible for notifying the city when ownership transfers.

City Council Hearing and How to Take Part on November 4

The agenda and staff report state that the City Council will hold a public hearing on this item on December 8, 2026. The draft states that the ordinance would take effect upon adoption by the City Council in line with the city charter.

The agenda states that anyone who plans to speak on a public hearing item must fill out an Oath Card and sign the oath on it. The cards are on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary.

The agenda states that anyone who appeals a commission decision will need a record of the proceedings and may need to make sure a verbatim record is made. Section 286.0105, Florida Statutes, requires this advice in meeting notices. Under Section 286.26, Florida Statutes, a physically handicapped person who wants to attend should send a written request to the chairperson at least 48 hours before the meeting.

Those who wish to speak on the Low Impact Development Ordinance must fill out an Oath Card to be heard at the meeting on Wednesday, November 4, 2026, at 6:00 p.m., Council Chamber at City Hall, 555 South Washington Avenue, Titusville.

This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.

References

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