ATLANTIC BEACH, Fla. — A change that could level out Atlantic Beach can soon be coming as city leaders are debating doing away with the stormwater retention ordinance – which requires new homes or major additions to build storage to hold stormwater.

“It’s kind of like a wave,” said Pat Grandy while standing in his sloping front yard.

One thing is immediately noticeable about Grandy’s yard in Atlantic Beach, which he says was built on an old dune.

It has two massive slopes on either side.

“It’s got it’s ups and downs, but it’s working for us,” said Grandy.

Fortunately for Grandy, one of those “ups” is that the slopes naturally satisfy Atlantic Beach’s stormwater retention requirement.

“Why should the homeowner have to put in something so big,” said Grandy. “You already have the expense of what else you’re doing, then on top of that, they make you do other things that may or may not help the drainage.”

In 2003, Atlantic Beach leaders placed a requirement for new home construction or major home additions, like a new pool for example, to add on-site stormwater storage.

That can range from a ditch, to a swale, to even a grass-covered hole to help contain stormwater.

However, some Atlantic Beach leaders are concerned that requirement puts too much responsibility on homeowners.

“It’s unnatural to see these large swales in yards, but the biggest thing is the cost involved,” said Atlantic Beach City Commissioner Thomas Grant. “I just think we need a change. I think the best thing to do is wipe the slate clean.”

Grant was one of three city commissioners who voted this week to scrap the rule.

He pointed out the only other city nearby with a similar requirement for homeowners is Fernandina Beach, but its ordinance requires only 1/10th the amount of space for storage that Atlantic Beach does.

However, it was a divisive vote, with two commissioners who want to keep it.

“People who’ve lived here the longest understand the impact and have lived through the water events,” said City Commissioner Candace Kelly. “If you’ve caused water runoff, then I believe you should be responsible for retaining that water until it’s had a chance to drain off naturally.”

Grandy says he’ll probably keep his wave shaped lawn even if the rule is changed.

“I know other people would love to get rid of their mini-lake in the front,” said Grandy.

The city staff recommended to keep the rule, but do a study on it to determine if the amount of space required could be updated.

A spokesperson says 41 homes have had to incorporate stormwater storage so far.

There’s a final vote on this in two weeks, October 13th at the Atlantic Beach City Commission meeting at city hall, set for 6:00 p.m.

Atlantic Beach city staff’s full statement on the ordinance up for debate:

Atlantic Beach’s requirement for on-site stormwater storage is a necessary and cost-effective measure designed to protect the city’s infrastructure and private property from widespread flooding. This policy, established in the Land Development Regulations (LDR) in 2003, is a direct response to over $2 million spent on stormwater infrastructure improvements in Old Atlantic Beach in 1998, which were immediately threatened by increasing development.

The original recommendation for on-site storage came from the 2002 Stormwater Master Plan Update (SWMPU) to prevent overwhelming the newly built system. Its core goal is simple: to ensure there is no increase in the rate or volume of flow to offsite from every developed or redeveloped parcel.

Under LDR Section 24-89 (c), on-site stormwater storage is required primarily in the following situations:

Your project adds more than 400 square feet of new impervious surface (e.g., concrete, pavers, roofs). This is a cumulative total across multiple projects over time.

You are building a new structure or major addition, requiring storage for the total impervious surface on the lot.

You are only replacing or repairing a driveway or sidewalk without changing its size or shape.

Your property is covered under an approved stormwater permit with a community retention/detention system (e.g., Oceanwalk, Selva Lakes).

The Impact of Removing the Requirement

Removing the on-site storage requirement will potentially have costly consequences for the entire city:

• System Overload and Costly Upgrades: If the requirement is removed, many residents are expected to fill in or cease maintaining their storage areas which will result in much of the water retained onsite from 2004 through 2025 being released as runoff into city streets. This will make the current stormwater systems inadequate, requiring significant, costly improvements and expansions—particularly on the numbered streets in Old Atlantic Beach.
• Transferring the Financial Burden: The lack of available land means the city would have to build new storage in expensive municipal stormwater vaults under city roadways, or revisit converting Howell and Johansen Parks into stormwater ponds. These projects would transfer the cost burden from the individual property owner to all property owners (taxpayers) in the city. For comparison, a recent stormwater vault project in Jacksonville Beach cost an estimated $175 per cubic foot of storage.

A Path Forward: Refining the Approach

City Staff recommended retaining the existing on-site storage requirement but suggests making “On-Site Storage and Alternatives” a specific study task for the upcoming Stormwater Master Plan Update. This would allow for a data-driven discussion on whether to return to the original calculation method, which would provide credit for existing impervious surfaces, thus reducing the burden on property owners while still requiring mitigation for any new development.