Springs Protection and Nitrogen-Reducing Septic Systems: What Florida's Rules Mean for Your Lot

In much of Florida, a new septic system on a lot of 1 acre or less must now be a nitrogen-reducing system when sewer is not available. That rule took effect on July 1, 2023, and covers every Basin Management Action Plan (BMAP) area. A few springs plans go further: around Silver Springs and Rainbow Springs (mostly Marion County), and in the Wekiwa-Rock Springs focus area in Orange County, a repair can also trigger the upgrade.

These rules apply when someone applies for a septic permit. If your system works and you are not building, repairing or replacing it, nothing in this guide requires action today, though springs plans set a long-term deadline for conventional systems in their remediation areas (see below). It matters most if you are buying a lot, planning a new home, or facing a drain field repair. This guide explains the terms, which rule applies where, how to check your lot, and what the systems involve. For the rules in one table, see our Florida septic regulations page.

Why Florida regulates septic nitrogen

Florida's Department of Environmental Protection (DEP) calls nitrogen "a pollutant that can cause environmental and drinking water concerns." Its FAQ says discharge from septic systems is "one of many sources" of nitrogen in Florida's groundwater, and that nitrogen-reducing systems "can lower the impact" septic systems have on ground and surface waters.

Springs are the main focus. In its 2025 Silver/Rainbow springs plan, DEP says 26 of Florida's 30 Outstanding Florida Springs are impaired for nitrate, a form of nitrogen. For the Silver and Rainbow area, DEP's estimate puts septic systems at 32% of the nitrogen load reaching groundwater, level with agriculture (32%) and ahead of urban lawn fertilizer (20%). Our guide to how a septic system works in Florida explains how wastewater moves from the drain field into the ground.

The terms you will see

Term	What it means
BMAP (Basin Management Action Plan)	A state restoration plan for polluted waters. Springs BMAPs include septic remediation plans.
Outstanding Florida Spring	One of 30 springs the Legislature singled out in 2016 for extra protection. State law includes all historic first-magnitude springs plus 6 named springs, among them Wekiwa Springs and Rock Springs.
PFA (Priority Focus Area)	The part of a springs basin where state law says the Floridan Aquifer is "generally most vulnerable" and is known to connect to the spring. DEP draws it in the BMAP.
ENR (enhanced nutrient-reducing) system	A DEP-approved system that removes at least 50% of total nitrogen before the drain field, or at least 65% counting the tank and drain field together. Also called a nitrogen-reducing septic system.

The statewide rule for new systems (since July 1, 2023)

House Bill 1379 (Laws of Florida Ch. 2023-169) set the rule. Since July 1, 2023, anyone applying for a new system construction permit on a lot of 1 acre or less in an "impacted area" cannot install a conventional tank and drain field. They must install an ENR system instead, where sewer is not available. DEP's fact sheet says impacted areas include all BMAP areas and alternative restoration plan areas. DEP's ENR page adds Reasonable Assurance Plan and Pollution Reduction Plan areas.

Which counties are affected? DEP's fact sheet lists the only 10 counties with no impacted area, all in North Florida and the Panhandle. None of the 8 counties this site covers is on that list, so, going by DEP's fact sheet, each has at least some impacted area.
What counts as "new"? DEP says a new system construction permit is needed where no system has been installed before, and "in some cases" when a complete system is replaced. Its memo DCEH 19-004 sets out when.
Applications already in process. Applications received before July 1, 2023 and found complete (except for the site evaluation) kept the old rules.
No standard variance. DEP's FAQ says the usual septic variance process "is not available" for the ENR requirement. A person affected can petition for an administrative hearing.

Springs BMAPs carry a parallel rule in the Florida Springs and Aquifer Protection Act. Section 373.811, F.S., bars new septic systems in a springs BMAP where sewer is available. On lots of 1 acre or less without sewer, it allows only ENR systems or other systems that reach at least 65% nitrogen reduction. Our septic vs. sewer guide explains what "available" means.

Springs plans that also reach repairs

The statewide rule covers new systems. Whether a repair triggers an upgrade depends on the BMAP. DEP's August 2026 table lists the requirement plan by plan. Two plans matter most in our area.

Silver Springs and Rainbow Springs (Marion County and parts of 5 others)

The plan area lies largely in Marion County, with parts in Alachua, Levy, Putnam, Sumter and Lake counties. It includes all or part of Ocala and Belleview, among other towns. DEP adopted the updated plan by final order on June 27, 2025. After the last legal challenge was dropped, DEP declared it final and effective on April 27, 2026.

Repairs on any lot size. The plan's remediation policy applies to all existing systems in the plan area. When a permit is needed to repair, modify or replace a system, a DEP-approved ENR system with at least 65% nitrogen reduction must be installed. The exception: the applicant shows that a sewer connection to the property is planned and funded.
New systems on any lot size. DEP's August 2026 table lists the any-lot-size rule for new systems as of July 27, 2026.
Sewer. The plan says a system that needs a repair or modification must connect to an available sewer line within 90 days of notice from DEP.
A long-term deadline. DEP's table quotes the 2025 springs plans: conventional systems covered by the remediation policy must be upgraded, replaced with a system reaching at least 65% reduction, or connected to sewer "no later than 20 years after BMAP adoption."

In Marion County, DEP itself has issued septic permits since July 1, 2025, so DEP is the office to ask. Routine pumping is not affected: Rule 62-6.002 says removing a tank's contents, where the drain field is not disturbed, is not a repair.

Wekiwa Spring and Rock Springs (Orange County)

Orange County says that since March 1, 2025, a repair or modification permit for a conventional system on a lot under 1 acre in the Priority Focus Area requires an upgrade to an enhanced system that removes at least 65% of nitrogen. The county also says systems that are working well and are not being repaired or modified do not have to change. New systems on lots of 1 acre or less in the BMAP fall under the statewide rule.

Other plans

Other BMAPs may have no repair requirement at all, or one tied to the PFA. Because plans are updated, check DEP's current table (linked in the sources) or ask your permit office before you plan work.

How to check whether your lot is affected

Search DEP's map. DEP's ENR requirements map is provided "for the public to search and find out if property is in the Springs PFA or BMAP areas." DEP's fact sheet also points to its BMAPs and Alternative Restoration Plans map.
In Orange County, the county's SUIP eligibility lookup tool shows whether a home falls in the area its upgrade program covers.
Ask the permit office. DEP's FAQ sends questions about a specific property to the local permitting authority: the county health department in most counties, DEP in Marion. See our county septic permit offices list or the county resource finder.
BMAP questions. DEP's Water Quality Restoration Program takes questions about BMAPs and its map at 850-245-8460 or BMAPProgram@floridadep.gov.

The 3 types of nitrogen-reducing systems

DEP accepts 3 types. Only models on DEP's approved lists count.

Type	How it works	Upkeep under Florida rules
In-ground nitrogen-reducing biofilter (INRB)	A nitrate-reducing filter layer below the drain field, with material that reacts with nitrate. DEP says it cuts nitrogen by around 65%. Standards are in Rule 62-6.009(7); some designs use a liner and are engineer-designed.	No maintenance contract or operating permit required, according to DEP.
Nitrogen-reducing aerobic treatment unit (NSF 245 ATU)	An ATU certified to NSF Standard 245 as removing at least 50% of nitrogen, under test conditions, before the drain field.	Maintenance contract and operating permit required.
Nitrogen-reducing performance-based treatment system (PBTS)	Varies widely and sometimes includes a nitrogen-reducing ATU. Must be engineer-designed.	Maintenance contract and operating permit required.

One detail matters on wet Florida lots. DEP says that where the drain field sits at least 24 inches above the wet-season water table, any approved NSF 245 ATU or nitrogen-reducing PBTS meets the 65% standard. Where a repair is allowed with less than 24 inches, the model itself must remove at least 65% before the drain field. Not every ATU qualifies: our conventional vs. aerobic guide explains the difference.

Running an ATU-based system

Florida law makes an ATU operating permit valid for 2 years. The owner keeps a service agreement with a permitted maintenance entity, which must inspect the unit at least twice a year. A trained owner of an owner-occupied single-family home can be permitted as the maintenance entity for their own unit. Florida's base fee for the ATU operating permit is $100 every 2 years, and counties add their own: Seminole County charges $150. InspectApedia, a national home inspection reference, puts maintenance contracts at about $175–$600 a year. Chlorine and parts are often extra. The county operating permit is separate.

What a nitrogen-reducing system may cost

We have not found a published Florida price range for nitrogen-reducing systems, so we do not give one. For context, national guides (Fixr and HomeGuide) put aerobic systems in general at about $10,000–$40,000, or more at the high end, compared with about $3,500–$9,000 for a new conventional system in published ranges. Not every aerobic unit is nitrogen-reducing, and an INRB is a different design, so ask for written quotes that name the system type and model. Our installation cost guide covers permits and the other steps.

Help paying for an upgrade

DEP's FAQ says DEP funds local governments for water quality work, and it tells homeowners to contact their local government about septic upgrade incentive programs or septic-to-sewer conversions. The Silver/Rainbow plan likewise says local governments can set up programs to help pay for upgrades, using DEP grants.

In Orange County, the Septic Upgrade Incentive Program paid up to $10,000 toward an upgrade when we checked in November 2026, either as a reimbursement or directly to the installer. The home must be in the Wekiwa-Rock Springs PFA, under the wastewater jurisdiction of Orange County Utilities, and outside areas where the utility plans sewer lines within 5 years, and only residential homeowners qualify. The county says the payment usually will not cover the full cost. For other programs, including federal repair loans, see septic repair assistance and financing.

Before you buy a lot or plan a repair

Check the lot on DEP's map and ask the permit office which rules apply to your parcel.
Ask whether sewer is available or planned, because that can change what you are allowed to install.
Ask each installer which ENR type and model they propose and whether it is on DEP's approved list.
For ATU-based systems, ask what the maintenance contract and operating permit will cost each year.
Check the contractor's state registration. See how to verify a Florida septic contractor.

Frequently asked questions

Do I have to replace my working septic system now?

Not under the 2023 statewide rule, which applies to new system permits. Repair triggers depend on the springs plan. The 2025 springs plans also set a 20-year deadline for conventional systems in their remediation areas, so check your plan if you are in one.

Does pumping my tank trigger the upgrade?

No. Florida's septic rule does not count routine pumping, where the drain field is not disturbed, as a repair (Rule 62-6.002), so it does not need a repair permit. Local rules can differ, so ask your county permit office.

Does the rule apply to lots larger than 1 acre?

The statewide rule covers lots of 1 acre or less. Some plans go further: in the Silver/Rainbow plan area, repairs on any lot size need an ENR system, and DEP lists new systems on any lot size as of July 27, 2026.

Is every aerobic treatment unit nitrogen-reducing?

No. Only ATUs certified to NSF Standard 245 and approved by DEP count, and on some repair sites the model must reach 65% on its own.

Can I get a variance?

DEP says the usual septic variance process is not available for the ENR requirement. A person affected can petition for an administrative hearing. This is not legal advice; ask the permit office or an attorney about your situation.