Wells and Water Lines in Florida: Permits and What Buyers Should Know

Water follows much the same pattern as sewer and septic. Where public water is available, most properties connect to it. Where it isn’t, you need a private well, and that comes with a permitting process most people underestimate the first time they look into it.

Short version: Well construction in Florida falls under Chapter 373, Part III of the Florida Statutes and DEP’s rules in Chapter 62-532 of the Florida Administrative Code. Permits are handled by DEP’s delegated agencies, usually your water management district, and in some counties a local health or environmental office. Anyone who builds, repairs, or abandons wells as a business must be a licensed water well contractor. A homeowner can build their own well without a license only if it’s 2 inches or less in diameter and serves the home they live in. That’s smaller than a typical household well, so most residential wells go through a licensed contractor. Florida doesn’t require a water test to sell a home, but the Department of Health recommends testing for bacteria and nitrate every year and for lead every three years. A few counties, including Brevard, Osceola, and Volusia, have local testing rules for new or repaired wells. Lenders may also require a test.

Public water vs. private well

Where a public water utility serves a property, connecting is usually expected, and many local codes require it for new construction. Check with your county. In the less developed parts of Central Florida, public water often isn’t available, and a private well is the only realistic option. See Central Florida water providers for who serves which area.

How well permitting works

Under Florida Statute 373.309, DEP sets the well construction rules and delegates permitting by agreement to the water management districts, the Department of Health, or other local agencies. In practice, the office you deal with depends on your county:

• Water management districts: Central Florida is split mainly between the St. Johns River and Southwest Florida districts, with the South Florida district covering the Kissimmee basin to the south. In many counties, the district issues well construction permits directly.
• Local delegation: some counties have a local health or environmental office that issues the permit under a delegation agreement.
• Repair and abandonment: well repair and properly plugging an old well are also regulated work, and are generally done by a licensed contractor under a permit.

Your well contractor will usually pull the permit, but it’s your property, so confirm the permit exists and keep a copy.

Can you drill your own well?

Only in a narrow case. Florida Statute 373.326(2) exempts a person from the contractor license requirement for a well 2 inches or less in diameter, built on their own or leased property, for a single-family home they live in or for their own farm. You still have to follow all state and local well construction rules, and the exemption is from licensing, not from permitting. Most household water supply wells are larger than 2 inches, so in practice a licensed water well contractor builds nearly every residential well. This is narrower than the owner-builder exemption for home construction.

When you need a separate water use permit

A well construction permit covers how the well is built. A water use permit (sometimes called a consumptive use permit) covers how much water you take. Under water management district rules, ordinary household use from a single-family home well is generally exempt from water use permitting. Larger wells, commercial or agricultural use, and some irrigation wells can need one. If you’re planning a well for anything beyond ordinary household use, check with your district before you drill. Watering restrictions still apply to wells in many areas. See Florida lawn watering restrictions.

Setbacks: plan the well and septic together

Wells have to be kept away from contamination sources, especially septic systems. Under Florida Statute 381.0065(4)(h), a septic system must sit at least 75 feet from a private drinking water well, and 100 feet or more from a public well. Lenders have their own standards. HUD’s guidance for FHA loans has long called for at least 50 feet from a septic tank and 100 feet from the drainfield, where local rules don’t set different distances. On a lot with both a well and a septic system, the location of one limits where the other can go, so plan them together on the site plan. The septic side is covered in sewer, septic, and drainage in Florida.

Water testing: what’s required and what’s recommended

• No state sale requirement: Florida doesn’t require a well test to sell a home. But sellers must disclose known facts that materially affect a home’s value and that a buyer can’t easily see, which can include known water problems.
• Department of Health recommendations: test for bacteria and nitrate at least once a year and for lead every three years. When buying or selling, DOH generally recommends testing for coliform bacteria, nitrate, and lead. Your county health department may suggest more, depending on local land use.
• Local rules: some counties, including Brevard, Osceola, and Volusia in our area, have local testing rules for new or repaired wells.
• Lenders: FHA requires a water test when state or local rules call for one, when contamination is suspected, or when the well depends on a treatment system, and lenders can require one anyway. VA and conventional lenders have their own rules. Ask your lender early what tests and flow requirements apply.

Your county health department can explain how to collect a sample and can often test it, or you can use a state-certified lab. Always use a certified lab so the results hold up.

Evaluating a property with an existing well

• Get the records: ask when the well was drilled, how deep it is, and whether there’s a permit on file. An undocumented well is worth investigating before you’re under contract.
• Test before you close: include at least bacteria, nitrate, and lead, even if your lender doesn’t require it. Areas with farming, citrus, or many septic systems nearby are more exposed to nitrate.
• Look at the whole system: the pump, pressure tank, and any treatment equipment wear out. Have them checked during your home inspection.
• Check the septic too: an old septic system close to the well can affect water quality, so evaluate them together.

If you’re buying land and planning to drill, see how to verify a vacant lot is buildable and buying vacant land in Florida.

Sources

• Florida DEP: Water Well Construction Program
• Florida Statutes, Section 373.309: Well construction rules and delegation
• Florida Statutes, Section 373.326: Exemptions (2-inch landowner wells)
• Florida Statutes, Section 381.0065: Onsite sewage systems (well setbacks)
• Florida Department of Health: Private well testing
• HUD: Individual water supply and well distance guidance (archived reference)

This article is for general informational purposes only and isn’t financial, legal, insurance, or tax advice – for guidance specific to your situation, talk to a licensed professional.