Water Quality

The alteration of southwest Florida’s wetland landscapes for the benefit of urban and agricultural development has drastically impacted drainage patterns, depleted water supply, and degraded water quality and wildlife habitat .  

Historically, large projects like the Central and Southern Florida Flood Control Project authorized by Congress in 1948 did not take into account the ecological consequences of draining vast swaths of the historic Everglades. Another example is the southern Golden Gate Estates planned development that constructed canals and roads in approximately 55,000 acres of Collier County and destroyed wetland habitats and restricted groundwater recharge.

On both large and small-scale projects, local, state and federal agencies rarely deny permits for developments that fall within wetland or wildlife habitat areas. Despite the “no net loss” wetlands policy at the federal and state level, which directs the three-step, avoid, minimize and mitigate strategy for wetland impacts, minimization measures are usually nominal and do not substantially reduce the loss of these sensitive lands to intensification. Mitigation measures can typically account for replacing lost function of the wetlands, but not necessarily the loss of wetland acreage; this results in an overall loss of wetland acres over time. Moreover, cumulative impacts of wetland and habitat loss, both coastal and inland, are not fully accounted for when the agencies make permit application decisions.  The wetland permitting system at both the state and federal level does not require like-for-like replacement of wetlands. Consequently, in southwest Florida there has been a disproportionate loss of short-hydroperiod wetlands - seasonal wetlands important for wildlife habitat and aquifer recharge.  The Waters of the United States rulemaking proposed at the Federal level in 2014 would have reinstated more protections for seasonal and isolated wetlands.  Unfortunately, the Rule has not taken effect yet due to legal challenges and is in danger of being severely weakened or eliminated altogether.  

Wetland loss calculated for the 2017 Report Card watersheds range from 11% in the Ten Thousand Islands to 70% in the Naples Bay watershed, with an average of 39% across all ten watersheds.  The current upswing in the economy is reflected in the increased number of development applications and proposals, some of which may imperil the remaining wetlands and flowways.  Attempts to permit projects that would impact mangroves and other salt water wetlands are also on the rise.  

The consequences of the loss of wetlands’ habitat, recharge and cleansing capabilities are far-reaching.  Less water is held on the landscape to recharge aquifers and water drains off more quickly and at higher volumes. 

The Conservancy recommends that local, state and federal decision-makers and agencies implement and enforce existing and new policies and regulations to protect critical wetlands and flowways.  In addition, the Conservancy recommends improving the standards of review for projects impacting wetlands and wildlife habitat, and increasing protections for wetlands, such as supporting proposals like the Waters of the United States rulemaking.

Altered hydrology severely impacts the quantity, quality, timing and distribution of water deliveries to coastal areas.  Therefore, restoring hydrology to pre-development conditions (to the greatest extent practicable) is an important strategy for protecting and restoring southwest Florida’s estuaries.  Hydrologic alterations can occur through increases in impervious surface cover, such as pavement; construction activities such as dredge and fill operations; canal construction; channelization of existing waterways; building water control structures; and road construction, which causes subsurface impaction  interfering with tidal flushing and both surface water and groundwater flow .  Another potential impact on hydrology is over-allocation of available water supplies through consumptive use permits.  When water is over-allocated through permitting, it can result in lowering the water table, depletion of aquifers and also contribute to low flows in streams and rivers that flow into estuaries. 

In many cases, it is impossible to completely restore an area to historic conditions.  However, restoration can improve water retention and filtration and enhance water supply and water quality.  Hydrologic restoration projects also contribute to wildlife habitat enhancement both within the estuaries and within the contributing watershed.  The Picayune Strand project in Collier County can be a model for large-scale successful restoration.  The project scope includes filling 48 miles of canals, degrading and removing 227 miles of roads, and building three pump stations to rehydrate the wetland areas.   

There are many other restoration projects planned or ongoing throughout the ten watersheds as detailed in Appendix 7.3.  Often, the limiting factor for achieving timely hydrologic restoration is funding constraints.  Restoration to correct hydrologic conditions can be an expensive endeavor.  However, the ecologic and economic benefits derived from restoring hydrologic function in the watersheds is critical for maintaining the region’s viability both from an environmental and economic standpoint.  

The Conservancy recommends that decision-makers prioritize hydrologic restoration projects for funding and seek collaborative partnerships in order to achieve restoration to support southwest Florida’s water quality, wildlife habitat, quality of life and economic viability.  

Water quality is an ongoing challenge throughout Florida.  According to FDEP, in the 2016 305(b) report, 67% of assessed rivers and streams, 73% of assessed estuaries and 100% of assessed canals were not meeting state water quality standards (these percentages include waterbodies in category 5 and waterbodies with TMDLs). 

These percentages only reflect waterbodies for which sufficient data was available to meet the requirements for assessment.  The numbers may be even higher, but without sufficient sampling and data collection, this is impossible to determine.  Regardless, sufficient data is available to demonstrate that estuarine watersheds in southwest Florida are similarly struggling to meet applicable water quality standards. 

Poor water quality can manifest in a number of ways, some visible – such as harmful algae blooms – and some invisible– like metals or bacteria.  Yet whether seen or unseen, these indicators of poor water quality can be detrimental to both wildlife and human health.  Due to southwest Florida’s reliance on tourism and waterfront real estate, declining water quality is both an environmental and economic concern.  A 2015 report published by the Florida Realtors Association indicated that a one-foot decrease in water clarity has an estimated 541 million-dollar negative impact on Lee County’s property values.   Lee County includes portions of the Caloosahatchee, Pine Island Sound, Estero Bay, and the Wiggins Pass/Cocohatchee watersheds, areas with a significant influence on southwest Florida’s economy and quality of life.  

A number of steps can be taken in order to address water quality problems in Florida.  

• Ensure protective water quality standards are in place and enforced.  Prevent weakening of existing water quality standards and the adoption of new standards or assessment practices that weaken classification systems causing a negative impact on downstream recipients.  Additionally, enforcement of the standards through effective permit limits, stormwater management, and best management practices (BMPs) are all critical to protect water quality.  Some of the recent changes in Florida’s water quality standards are discussed in Appendix 7.5 and include changes to nutrients and dissolved oxygen criteria.  
• Adopt and implement measures for water quality restoration such as Total Maximum Daily Loads (TMDLs) and Basin Management Action Plans (BMAPs) in a timely manner.  TMDL limits are set once a waterbody becomes impaired, and BMAPs are stakeholder and agency-driven restoration plans implemented to meet the TMDL.  TMDLs and BMAPs exist throughout southwest Florida (see Appendix 7.7).  However, the BMAPs in place in the Estero Bay and Caloosahatchee watersheds are continuing to see nutrient trends increasing in areas, despite some progress in meeting load reductions required by the TMDL through project implementation.   In Collier County, no BMAPs are in place to address the TMDLs adopted over seven years ago.  Finally, the adoption of the statewide mercury TMDL has led to many waterbodies being removed from the verified impaired list for mercury, but has not addressed meeting the TMDL through a BMAP process. 
• Adopt and maintain local stormwater and fertilizer ordinances. In order to adequately protect local water quality, county and city governments should adopt strong and protective ordinances to limit the harmful impacts of stormwater and fertilizers on waterways.  Nutrient pollution, one of the most prevalent water quality issues in southwest Florida, can originate from several different sources, including inadequately treated stormwater and the improper application of fertilizer.  Effective stormwater and fertilizer ordinances can aide in reducing nutrient pollution.
• Control pollution at the source.  This is the cheapest and most effective means of protecting water quality.  Adequately treating water onsite, whether it is urban or agricultural runoff, or discharges from wastewater treatment plants, prevents pollution from entering waterbodies, and can save time and money for local, state and federal agencies.  

Therefore, to adequately protect and restore water quality the Conservancy recommends effective source control to treat water on-site, protective and enforceable water quality standards, protective local stormwater and fertilizer ordinances, and adherence to TMDLs and implementation of BMAPs.  

Inadequate stormwater management (i.e., insufficient retention and treatment of stormwater on-site), creates widespread water quality impacts in southwest Florida.  Nonpoint source pollution from stormwater carries many of the common pollutants that can impair the region’s waters.  Today sophisticated stormwater management technology is readily available and continuing to apply outdated stormwater standards puts the region’s waterbodies and estuaries at risk.

Traditional stormwater ponds (wet detention) typically used in new developments only remove approximately 40% of nitrogen and 70% of phosphorus generated.  “Treatment train” systems that utilize a number of different types of BMP systems in concert, such as swales, dry retention, constructed wetlands, filter marshes, pervious pavement, etc., are more effective at pollutant removal.     

Between 2008 and 2010, updated stormwater regulations were considered, but not adopted, by FDEP during the development of a statewide stormwater rule.  Reinitiating such rulemaking now is very important given that the real estate industry is thriving and driving the construction of new developments throughout southwest Florida.  Local stormwater ordinances or stormwater utilities are other methods municipalities can employ to address stormwater runoff.  Local municipalities can require more protective standards for new developments than the current standards applied by the state of Florida.  Whereas, a stormwater utility can provide the resources to upgrade stormwater infrastructure or implement innovative technologies. Until updated statewide standards are adopted, the current strategy for stormwater treatment in new developments will continue to undermine efforts at water quality protection and restoration.  For example, within the BMAP areas in the Estero Bay and Caloosahatchee watersheds, even though filter marshes and other projects have been implemented and there is a strong fertilizer ordinance, nutrient concentrations are still trending up in many areas.  The extensive development continuing within the watersheds is the most likely contributor to this situation.

The Conservancy recommends the re-initiation and adoption of an updated and effective statewide stormwater treatment rule. 

Areas of intact wetlands and wildlife habitat still exist in southwest Florida, but are becoming increasingly vulnerable to development.  Numerous regional studies including the Southwest Florida Feasibility Study/Southwest Florida Comprehensive Watershed Management Plan, Critical Lands and Waters Identification Project, and the Density Reduction/Groundwater Resource Area Study have identified target protection areas.  These areas support essential wetlands and groundwater recharge zones for water supply, as well as habitat for some of Florida’s most endangered species.  As southwest Florida’s population continues to increase and the urban boundary moves further inland from the coast, critical flowways, wildlife corridors and aquifer recharge areas are put at greater risk by expanding development and infrastructure.  

In the past several years, southwest Florida and the entire state have reaffirmed the public’s strong support for protecting natural areas through conservation land acquisition.  In 2014, Florida’s Water and Land Legacy constitutional amendment passed with 75% of Florida voters affirming the need to reinstate funding for the Florida Forever state land acquisition program.  In 2016, 84% of Lee County voters supported the continuation of the Conservation 20/20 program, and in 2017 Collier County reinitiated the land acquisition component for Conservation Collier.  

Despite strong public support for acquiring conservation land, Florida Forever remains underfunded by the state legislature.  Florida Forever projects are located throughout the estuarine watersheds, and the resources necessary to complete these land acquisitions are critical.  Conservation easements through Florida Forever and the Rural and Family Lands Program also require additional funding.  Conservation easements offer a way to protect the natural resources or agricultural character of a property by removing development and/or intensification rights, while the landowner retains title to the land itself.  Another key program through Florida Forever, Florida Communities Trust, offers grants to partner with local communities for open space protection and recreational opportunities.  

Protecting natural areas is foundational for the continued sustainability of not only estuarine watersheds, but also the entire state.  Furthermore, it is the most cost-effective way of preserving southwest Florida’s water quality and drinking water supply for future generations.  Such land acquisition projects work in conjunction with other water protection mechanisms.  

The Conservancy recommends a strong emphasis by the state’s elected leaders to fully fund state land acquisition and conservation easement programs to support landscape level conservation priorities.  The Conservancy also recommends continued support of county land acquisition programs in order to meet the specific needs of local communities.  Prioritizing the protection of natural areas will safeguard the state’s tourism-based economy and its extraordinary water and habitat resources.  

Innovative land use planning techniques can be an important mechanism for balancing the needs of the environment, agriculture and future development.  Unfortunately, such planning policies may not function in the manner originally envisioned for a variety of reasons, including a lack of buy-in from local elected officials, resistance on the part of landowners or program complexity.  Whether the program uses incentives, such as Transfer of Development Rights, or design flexibility to encourage specific types of development in appropriate locations, the Conservancy advocates the following principles as guidance for smarter planning:

• Location, location, location: Avoiding impacts to critical natural resource areas should always be the top priority.  For example, in Eastern Collier County, we continue to advocate for changes to the Rural Lands Stewardship Area program that would direct future new towns and cities away from primary panther habitat. 
• Type of development: Sprawl is costly, and that cost is shouldered by taxpayers.  The proliferation of massive, platted subdivision in the 1950’s – 1970’s, combined with the more recent popularity of large, gated residential communities requires extensive transportation and associated amenities.  Conversely, the opposite of sprawl is appropriately located mixed-use development, which focuses on providing walkable, transit-accessible communities less dependent on vehicles to meet basic everyday needs.
• Timing and sequencing of development – Redevelopment and urban infill should be prioritized over expanding urbanization into rural, agricultural areas.  Agricultural lands often serve as important habitat for listed species, such as the Florida panther, and are important for our nation’s food independence. That being said, advancing sustainable agricultural practices that improve water conservation and water quality in southwest Florida’s working landscapes through Best Management Practices and other mechanisms is another critical component of improving watershed health.
• Dense, compact development can be part of the solution – density can allow for more walkable, transit-oriented development, which results in a number of ecological benefits.  For example, a more compact footprint for development can tie directly to a reduction in water use.  Within southwest Florida, water use per person is extremely high, and about half of this water use goes to landscape maintenance.  Higher density on a smaller footprint can result in more compact development (with less lawn to water) thus decreasing water usage. 

Transportation planning is tied closely to land use planning and, just as new developments need to be directed to areas where they will least impact hydrology, wetlands, wildlife movement and key habitat areas, so too should new and expanded roadways be located away from sensitive natural areas.  Numerous projects in Southwest Florida, such as the 951 Extension in north Collier and south Lee counties and a new I-75 interchange in eastern Collier County, threaten to bisect key water and wildlife habitat areas.  New roadways extending out to rural areas, such as the Vanderbilt Beach Extension, will spur sprawl-style development more than they alleviate congestion and serve existing residents’ needs. Transportation improvements should avoid impacting key natural resources and focus on meeting existing community needs. 

The Conservancy recommends that land use and transportation planning initiatives direct impacts away from sensitive ecological resources, while protecting agricultural lands that support important habitat needs. 

Water quality data collection is foundational for determining whether a waterbody is or is not meeting water quality standards. Without data, there is no information upon which to base assessments or identify when and where water quality problems originate. Consistent sampling provides a long-term dataset to assess the health of estuarine ecosystems and associated watersheds. 

Currently, the clearinghouse for Florida’s water quality data is through FDEP’s Watershed Assessment Program and is housed in the online database STORET.  As discussed in Appendix 7.4, different entities (local governments, FDEP, the water management districts, etc.) collect water quality data and upload it to STORET.  FDEP uses the data in STORET in the rotating watershed assessments to determine whether waters are meeting water quality standards.  These assessments form the basis for the water quality grades in the Estuaries Report Card.  Over the past several years, FDEP has made many of the assessment lists (like the verified impaired waterbodies) more readily accessible to the public with website-based tools.  However, there were still a number of accessibility challenges and data gaps encountered in the compilation of the Report Card.  For example, many waterbodies throughout the watersheds are categorized in the “no data”, or “insufficient data” categories for various parameters using the assessments that were available at the time of the Report Card’s compilation (see Appendix 7.6). 

Another potential influence on data availability is the promulgation of revised water quality standards or changes in assessment practices.  Generally, standards are revised in order to reflect new science, sometimes as a result of federally promulgated criteria by EPA, sometimes as a state initiated process through the Clean Water Act required Triennial Review of State Water Quality Standards.  When standards change, one of the results can be different data sampling requirements and assessment methodology.  Some examples include: more samples may be required, or samples taken at specific times of the year in order to be temporally independent, or the samples may go from an annual average to an annual geometric mean.  If data sampling is not increased (whether through lack of staff resources/training, funding, or other constraints), it can lead to more waterbodies with insufficient data to make an assessment determination.  See Appendix 7.5 for a discussion of recently adopted water quality standards for dissolved oxygen and nutrients. 

Florida’s environment, economy and quality of life rely heavily on the health of streams, rivers, lakes, estuaries and coastal waters.  Thus, identifying when waterbodies are polluted or at risk of becoming polluted is the underpinning for any water quality protection and restoration program.  Moreover, a data collection program at the scale required by Florida’s vast mosaic of waterbodies necessitates robust funding and technological resources, as well as sufficient staffing in order to be successful. 

Therefore, the Conservancy recommends that the state government and local jurisdictions prioritize funding for water quality data collection and assessment in order to identify water quality problems quickly and accurately.