Drainage Manual: State of Florida Department of Transportation
Drainage Manual: State of Florida Department of Transportation
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
DRAINAGE MANUAL
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TABLE OF CONTENTS
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Chapter 1
Introduction
1.1 Purpose
The Drainage Manual sets forth drainage design standards for Florida Department of
Transportation (FDOT) projects.
1.2 Authority
1.3 Scope
The principal users of this manual are consultants and FDOT personnel who prepare
FDOT construction plans.
1.4 General
Chapter 334, F.S., known as the Florida Transportation Code, establishes the
responsibilities of the State, counties, and municipalities for the planning and
development of the transportation systems serving the people of Florida, with the
objective of assuring development of an integrated, balanced statewide system. The
Code's purpose is to protect the safety and general welfare of the people of the State
and to preserve and improve all transportation facilities in Florida. Under Section
334.044, F.S., the Code sets forth the powers and duties of the Department of
Transportation to develop and adopt uniform minimum standards and criteria for the
design, construction, maintenance, and operation of public roads.
The standards in this manual provide a basis for uniform design practice for typical
roadway drainage design situations. Realizing that drainage design is primarily a matter
of sound application of good engineering judgment, it is impossible to give precise rules
which would apply to all possible situations that may arise. Situations will exist where
these standards will not apply. THE INAPPROPRIATE USE OF AND ADHERENCE TO
THESE STANDARDS DOES NOT EXEMPT THE ENGINEER FROM THE
PROFESSIONAL RESPONSIBILITY OF DEVELOPING AN APPROPRIATE DESIGN.
The engineer is responsible for identifying those standards that do not apply to a
particular design, and to obtain approval to deviate from those standards. Deviation
from a standard in this Manual must be approved the District Drainage Engineer.
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1.5.1 Background
The Central Office Drainage section is planning to develop several Drainage Design
Handbooks to replace Volumes 2A, 2B, and 3 of the 1987 Drainage Manual. In this
form, the Drainage Manual will be maintained as a “Standards” document, while the
Handbooks will cover general guidance on FDOT drainage design practice, analysis
and computational methods, design aids, and other reference material.
1.5.2 Appendices
Appendix A has a link to 23 CFR 650A. This document prescribes the Federal
Highway Administration (FHWA) policies and procedures for the location and hydraulic
design of highway encroachments on flood plains. It replaces FHPM 6-7-3(2) which
was dropped when FHWA eliminated the Federal-Aid Highway Program Manual
(FHPM). The FHPM has been replaced by the Federal Aid Policy Guide, which
closely follows the Code of Federal Regulations. 23 CFR 650A has essentially the
same language and requirements as old FHPM 6-7-3(2). While the standards
presented in the FDOT Drainage Manual conform to Federal requirements, drainage
designers are advised to become familiar with 23 CFR 650A to develop a basic
understanding of some of the design standards for cross drains and bridges.
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1.6 Distribution
Drainage Manual users are solicited for comments and suggestions for changes to the
manual using the page provided as Figure 1-1 or by e-mailing the State Hydraulics
Engineer. Appropriate Roadway Design or Drainage Design staff will review each idea
or suggestion received in a timely manner.
Statewide meetingsof the District Drainage Engineers and the State Drainage Engineer
are held at least annually and teleconferences are held monthly. A major agenda item
at these meetings will be the review of planned revisions, and suggestions and
comments that may warrant revisions. Based on input from these meetings, official
proposed revisions are developed.
The State Drainage Engineer will coordinate the proposed revisions with all the affected
offices and with FHWA. Official adoption of the proposed revisions requires majority
vote by a committee composed of each District Drainage Engineer and the State
Drainage Engineer. Each District and Central Office has one vote for a total of nine
votes. Standards set by FHWA and AASHTO will not be subject to this majority vote.
Prior to release, all revisions will be coordinated with the Forms and Procedures Office
to ensure conformance with and incorporation into the Department‟s Standard
Operating System.
Approved revisions will be available on-line. Revisions made to individual pages will
have changes noted by vertical bars in the outside margin and a revision date in the
header.
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1.8 Training
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FIGURE 1-1
SUGGESTIONS AND COMMENTS
Name of Firm or
FDOT Department
Address
Name
Telephone _____________________
Please remove this sheet from your manual, complete the requested information and
return to:
Florida Department of Transportation
Office of Design - Drainage Section
Mail Station 32
605 Suwannee Street
Tallahassee, Florida 32399-0450
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Chapter 2
Open Channel
This chapter presents standards for the design of artificial or manmade open channels,
including roadside ditches, median ditches, interceptor ditches, outfalls, and canals.
Open channels shall be designed to convey, without damage, and to confine within the
ditch, stormwater flow with standard design frequencies as follows:
Canals 25-year
Site-specific factors may warrant the use of an atypical design frequency. Designs
based on frequencies other than listed above shall be supported by a risk assessment
or analysis, as appropriate. Any increase over pre-development stages shall not
significantly change land use values, unless flood rights are acquired. The acquisition
of flood rights shall be based on a risk analysis to select the least total expected cost
design.
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Hydrologic data used for the design of open channels shall be based on one of the
following methods as appropriate for the particular site:
3. For outfalls from stormwater management facilities, the method used for
the design of the stormwater management facility may be used. See
Chapter 5 for hydrologic methods that may be used for the design of
stormwater management facilities.
The Manning's Equation shall be used for the design of open channels.
Recommended Manning's n values for channels with bare soil and vegetative linings
are presented in Table 2.1. Manning's n values for rigid linings are presented in Table
2.2.
The probable condition of the channel when the design event is anticipated shall be
considered when a Manning's n value is selected.
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2.4.2 Slope
For ditches where positive flow conditions are required a minimum physical slope of
0.0005 ft/ft shall be used.
The design of open channels shall consider the need for channel linings. Standard
lining types are shown in Standard Indexes 199 and 281. Maximum velocities for the
various forms of channel lining are given in Tables 2.3 and 2.4. When design flow
velocities do not exceed the maximum permissible for bare earth as given in Table 2.3,
standard treatment of ditches consists of grassing and mulching. For higher design
velocities, sodding, ditch paving, or other form of lining consistent with Tables 2.3 and
2.4 shall be provided.
When concrete linings are to be used where soils may become saturated, the potential
for buoyancy shall be considered. Acceptable countermeasures include:
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Due to their minimal silt tolerance, Vee bottom ditches should be avoided where
practical.
Ditches, outfalls, retention/detention areas, and other drainage related features must be
provided with berms and other physical access devices that facilitate maintenance
activities. Consideration shall be given to future expansion of the facilities and to
possible increased maintenance requirements. Absolute minimum values should only
be used in extremely stable areas, in areas requiring infrequent maintenance, or in
areas where existing physical constraints require their use. Berms should be based at
the narrowest point; right-of-way should be reasonably uniform.
2.6 Safety
2.6.1 Protective Treatment
Drainage designs shall be reviewed to determine if some form of protective treatment
will be required to prevent entry to facilities that present a hazard to children and, to a
lesser extent, all persons. General guidance is provided in Appendix D. Protective
treatment for open channels in the form of fencing shall be considered when a potential
hazard exists.
The design and location of open channels shall comply with roadside safety and clear
zone requirements. See the Plans Preparation Manual for clear zone requirements,
including special clearance criteria for canals.
2.7 Documentation
Design documentation for open channels shall include the hydrologic analysis and the
hydraulic analysis, including analysis of channel lining requirements. For roadside
ditches, the standard format for documentation is provided in Figure 2-1.
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Table 2.1
Recommended Manning's "n" Values for Artificial Channels
with Bare Soil and Vegetative Linings
* Decrease 30 per cent for flows > 0.7' depth (max flow depth 1.5')
Table 2.2
Recommended Manning's "n" Values for Artificial Channels
with Rigid Linings
*This is not the standard finish and must be specified when used (see Section 5.24-7 of
Standard Specifications)
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Table 2.3
Maximum Shear Stress Values
and Allowable Velocities for Different Soils
Allowable Velocity
Soil Type Shear Stress (psf) for a flow depth of
about 3 ft (ft/sec)
Table 2.4
Maximum Velocities for Various Lining Types
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Note: F.S. = Front Slope B.W. = Bottom Width B.S. = Back Slope
Figure 2-1
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Chapter 3
3.1 Introduction
This chapter presents minimum standards for the design of FDOT storm drain systems.
Standard design storm frequencies for the design of storm drain systems are as follows:
Site-specific factors may warrant the use of an atypical design frequency. Designs
based on frequencies other than listed above shall be supported by a risk assessment
or analysis, as appropriate. Any increase over pre-development stages shall not
significantly change land use values, unless flood rights are acquired. The acquisition
of flood rights shall be based on a risk analysis to select the least total expected cost
design.
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For the determination of hydraulic gradient and the sizing of storm drain conduits a
tailwater elevation, which can be reasonably expected to occur coincident with the
design storm event shall be used. Standard design tailwater conditions for the design of
storm drain systems are as follows:
Stormwater Ponds --- Peak stage in the pond during the storm
drain design event.
Ditches:
Free flowing ---------- Normal depth flow in the ditch at the
storm drain outlet for the storm drain
design storm event. (May differ from
ditch design storm event.)
Downstream control-- The higher of: the stage due to free flow
conditions (described above) or, the maximum
stage at the storm drain outlet due to
backwater from the downstream control using
flows from the storm drain design storm event.
French Drains --------- Design Head over the outlet control structure
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The Department requires use of the Rational Method for performing hydrologic
calculations for storm drains.
Hydraulic calculations for determining storm drain conduit sizes shall be based on open
channel and pressure flow as appropriate. The Manning's equation shall be used.
The minimum physical slope shall be that which will produce a velocity of 2.5 feet per
second when the storm drain is flowing full.
Friction losses shall be considered in the computation of the design hydraulic gradient
for all storm drain systems. Energy losses associated with special pollution control
structures (weirs, baffles, etc.) and due to utility conflict structures shall also be
considered for all storm drain systems when present in the system.
When hydraulic calculations consider only the above and do not consider all minor
energy losses, the elevation of the hydraulic gradient for design storm conditions shall
be at least 1 foot below the theoretical gutter elevation (1.13‟ below the edge of
pavement for Type E or F Curb). This does not apply to ditch bottom inlets and other
similar conditions where temporary ponding or overload is not objectionable. However,
any increase over pre-development stages shall not significantly change land use
values, unless flood rights are acquired. The acquisition of flood rights shall be based
on a risk analysis to select the least total expected cost design.
If all minor energy losses are calculated, it is acceptable for the hydraulic gradient to
reach the gutter elevation. Minor losses include: entrance, exit, junction and manhole,
expansion, contraction, and bend.
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When the outlet velocity for the design storm discharge exceeds 6 fps, the need for
special channel lining and/or energy dissipation shall be considered for protection
against undesirable scour. For computation of the outlet velocity, the lowest anticipated
tailwater condition that can be reasonably expected to occur during a storm event shall
be assumed.
Metal Pipes:
Pipe and Pipe Arch - Helical Fabrication
Re-corrugated Ends - All Flow Conditions*
Plastic Pipes:
Polyethylene
Single Wall n = 0.024
Double Wall (Smooth) n = 0.012
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* "Spiral" flow will not occur for most design situations. Therefore "spiral"
flow design values have not been established. Values recommended by
the Southeast Corrugated Steel Pipe Association are contained in the AISI
Handbook of Steel Drainage & Highway Construction Products.
Alternate “G” (hot dipped galvanized) grates and frames shall be required when the
structure is located on any barrier island, the Florida Keys, or within ½ mile of any body
of brackish water containing chlorides > 2000 ppm.
3.7.1.1 Inlets
Inlets shall be placed at all low points in the gutter grade, and as appropriate at
intersections, median breaks, and on side streets where drainage would adversely flow
onto the highway pavement.
For curb inlets on a continuous grade, a maximum spacing of 300 feet shall be used
unless spread calculations indicate greater spacing is acceptable. Spread standards
are provided below in Section 3.9.
Curb inlets shall also be placed at the critical section prior to the level section in
superelevation transitions, to avoid concentrated flows across the pavement.
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Curb inlets shall not be located within handicap drop curb locations.
Inlets in sag vertical curves that have no outlet other than the storm drain system,
should have flanking inlets on both sides. These flanking inlets should be located to
satisfy spread criteria when the sag inlet is blocked.
3.8 Grades
The spread resulting from a rainfall intensity of 4.0 inches per hour shall be limited as
follows.
* The criteria in this column applies to travel, turn, or auxiliary lanes adjacent to barrier
wall or curb, in normal or super elevated sections.
In addition to the above standards, for sections with a shoulder gutter, the spread
resulting from a 10-year frequency storm shall not exceed 1‟ 3” outside the gutter in the
direction toward the front slope. This distance limits the spread to the face of guardrail
posts. See Figure 3-2.
The design of storm drain systems shall be consistent with the standard construction
and maintenance practices of the Department. Standard details for inlets, manholes,
junction boxes, end treatments, and other miscellaneous drainage details are provided
in the standard index drawings. Specifications are provided in the Standard
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Specifications for Road and Bridge Construction. In the event standard index drawings
are not suitable for a specific project need, a detailed design shall be developed and
included in the plans; and, as appropriate, special provisions shall be provided for
inclusion with the project specifications. Proper design shall also consider maintenance
concerns of adequate physical access for cleaning and repair.
The minimum pipe size for trunk lines and laterals is 18”.
The 18” minimum pipe size does not apply to connections from stormwater
management facilities. The pipe size for these connections shall be the size required to
convey the permitted discharge.
The maximum pipe lengths without maintenance access structures are as follows:
1. The minimum clearance between the outside crown of a pipe and the gutter
elevation at the inlet shall be in accordance with standard index drawing
requirements for the specified inlet. If this cannot be achieved, a special
detail shall be provided in the plans.
2. Minimum cover between the bottom of the base and the outside crown of the
storm drain shall be provided in accordance with Index 205, Roadway and
Traffic Design Standards.
3. Utility Clearances:
1. When a utility crosses a storm drain alignment, the recommended
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minimum design clearance between the outside of the pipe and the
outside of the conflict should be 0.5 foot if the utility has been
accurately located at the point of conflict. If the utility has been
approximately located, the minimum design clearance should be 1
foot. Actual clearances can vary from these design values, but
electrical transmission lines or gas mains shall never come into direct
contact with the storm drain.
2. Storm drain lines shall be located to not disturb existing utilities to the
extent practical. If a utility conflict occurs, the Utilities Section shall be
contacted to review potential problems and feasible solutions.
4. Storm drain systems that cross railroad tracks have special below-
track clearance requirements and must use special strength pipe. See
Standard Index No. 280 for railroad company design requirements.
Grates, guards or fences shall be considered for entrances to long or submerged storm
drain systems. Protection shall also be considered in systems that have partial
submergence at the entrance and full submergence at locations farther along in the
system.
3.12 Documentation
A suggested format for tabulating the results of hydrologic and hydraulic calculations
for storm drain systems is presented in Figure 3-1. The minimum information for
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producing a storm tabulation form is also noted in Figure 3-1. A copy of the completed
form shall be filed for permanent record as a part of the signed and sealed design
documentation. Descriptions and examples of the form content can be found in the
Storm Drain Handbook.
1. For complex systems, a narrative describing how the storm drain system will
function.
2. Hydrologic Computations
a. Time of Concentration
b. Runoff Coefficients
3. Spread and Inlet capacity analysis, when required
4. Determination of Design Tailwater
5. Optional materials evaluation
6. Computation of minor energy losses, if applicable
7. Completed Drainage Map with drainage areas to each inlet identified, and
structures numbered consistent with drainage computations and tabs.
8. Outlet scour protection analysis, if applicable.
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PIPE NOTES
DRAINAGE
HYDRAULIC GRADIENT SIZE SLOPE (%) AND
VELOCITY
OF
NUMBER OF BARRELS *
(fps)
C= ** FLOWLINE RISE FREQUENCY (Yrs):
INTENSITY (in/hr)
PHYSICAL
ELEVATION (ft.)
ELEVATION (ft.)
TAILWATER EL (ft):
DISTANCE (ft.)
TOTAL (C*A)
LOWER END
LENGTH (ft.)
INCREMENT
UPPER END
SUB-TOTAL
PHYSICAL
VELOCITY
STATION LOWER SPAN MIN. PHYS.
TOTAL
FALL
(C*A)
SIDE
(fps)
(ft.)
* Denotes optional information.
** A composite runoff coefficient may be shown in lieu of individual C-values, provided the composite C calculations are included in the drainage documentation.
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Figure 3-1
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Chapter 4
4.1 Introduction
This chapter presents standards and procedures for the hydraulic design of cross
drains including culverts, bridge-culverts1, and bridges. Preliminary planning and
location studies for cross drains are addressed in the FDOT Project Development and
Environmental Guidelines Manual.
4.2 General
The hydraulic design of cross drains shall be done in accordance with good engineering
practice and comply with 23 CFR 650, Subpart A, and the National Flood Insurance
Program. Specifically:
3. The design of all cross drain structures shall be analyzed for the Design
Flood, Base Flood (100-year frequency flood) and the Greatest Flood
(overtopping flood or the 500-year frequency flood where overtopping is not
practicable) that can be expected to flow to the structure. A summary of this
analysis showing the peak stages and discharges for these events shall be
shown on the final project plans.
1
The FDOT Bridge Inventory Database User‟s Handbook, page F10 & F11, has the definition of a bridge
and bridge culvert, as well as figures showing how to measure the length.
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4. For projects that encroach into a Regulatory Floodway, the design shall be
coordinated with the appropriate local government Flood Insurance Program
official.
Standard design frequencies for culverts, bridge-culverts and bridges are as follows:
FACILITY FREQUENCY
Other:
Projected 20 year ADT < 1500, and not required for
emergency access or evacuation. 25 years
Design frequencies may be higher when justified by risk assessment or risk analysis.
Note: The flood frequencies used for scour analysis differ. See Section 4.9.2.
4.4 Backwater
The design of cross drain openings shall be consistent with backwater conditions as
follows:
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2. Any increase in backwater shall not significantly change land use values,
unless flood rights are acquired. The acquisition of flood rights shall be based
on a risk analysis to select the least total expected cost design.
3. The backwater for design frequency conditions shall be kept at or below the
travel lanes.
4.5 Tailwater
For the sizing of cross drains and the determination of headwater and backwater
elevations, the highest tailwater elevation which can be reasonably expected to occur
coincident with the design storm event shall be used
4.6 Clearances
Minimum vertical clearance shall also meet the requirements of the FDOT Plans
Preparation Manual.
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Vertical and horizontal clearances will also be subject to the requirements of the Coast
Guard, Corps of Engineers, Water Management District and any other regulatory
agency having appropriate statutory jurisdiction or authority. Such regulatory agency
requirements may exceed Department requirements.
Hydrologic data for freshwater flow conditions used for the design of cross drains shall
be based on one of the following methods as appropriate for the particular site:
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www.dot.state.fl.us/rddesign/dr/FCHC.htm .
USGS Regression Equations and NRCS methodology should not be used to quantify
hurricane rainfall runoff.
4.8.1.1 Bridges
FHWA‟s WSPRO and FESWMS, and U.S. ACOE‟s UNET, HEC-RAS, and RMA-2, are
acceptable computer programs to analyze the hydraulic performance of bridges over
riverine waterways.
Coastal engineering analysis as typified by the U.S. Army Corps of Engineers and
consistent with current coastal engineering practice should be used in the analysis of
astronomical tides and hurricane storm surges. The computer programs acceptable for
hydraulic analyses at tidal crossing are HEC-RAS, UNET, RMA-2, ADCIRC, and
FESWMS.
The District Drainage Engineer should review tidal projects to determine if coastal
hydraulics play a significant role in a roadway or bridge project‟s design. If coastal
hydraulics might be significant, a qualified coastal engineer should review the
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To facilitate construction, reduce scour potential, and provide for abutment stability, a
minimum berm width of 10 feet shall be provided between the top edge of the main
channel and the toe of spill through bridge abutments. See Figure 4.1. A greater berm
width may be required. See Section 4.9.3.2. For manmade canals, the berm may be
omitted at the direction of the maintaining agency.
4.9.2.1 Coordination
Scour elevation estimates for each bent shall be developed for the following:
1. Worst case scour condition up through the 100-year frequency flood event
(Scour Design Flood Event).
2. Worst case scour condition up through the 500-year frequency flood event
(Scour Check Flood Event).
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3. "Long term scour" for structures required to meet the extreme event vessel
collision load.
Scour estimates shall be made using the procedures of FHWA‟s Hydraulic Engineering
Circulars (HEC) 18 and 20 except for the following:
http://www.dot.state.fl.us/rddesign/dr/Bridgescour/Bridge-Scour-Policy-Guidance.htm
Scour estimates for items number 1 and 2 above, shall consist of the total scour
resulting from the following:
1. Natural Channel aggradation and degradation anticipated during the life of the
structure.
2. Channel Migration anticipated during the life of the structure.
3. Contraction scour.
4. Local scour, including pier scour and abutment scour. (Note: Abutment scour
estimates are not required when the minimum abutment protection is
provided.)
The "long-term scour" is the total 100-year scour (4.9.2.2.1) for structures subject to
clear water scour. For structures subject to live bed scour, the "long-term scour" is the
normal, everyday scour at the piers combined with the degradation scour anticipated
during the life of the structure. The following inset provides guidance for determining
normal, everyday scour at the piers.
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For bridge replacements, parallel bridges, major widenings, etc., bridge inspection
reports and the design survey should be the primary basis for determining normal
everyday scour.
If the proposed piers are the same as the existing, the normal, everyday scour elevation
should be that which is reflected in the inspection reports and the design survey. Slight
differences in scour will likely exist between inspection reports and between the reports
and the design survey. In these cases, an average scour elevation will be a reasonable
estimate of normal, everyday scour. If there is a large difference, it may be due to an
extreme storm event that occurred just before the inspection or survey was made.
Investigate this and address these situations on a case by case basis.
For structures in which the proposed piers will be a different size or shape than the
existing, it is recommended that the pier scour depth be adjusted. Using the inspection
reports and the survey as discussed above, determine a normal, everyday scour depth at
the pier. Adjust this depth using the following formula. The formula was derived by
assuming only the pier width and shape change. Flow, velocity and depth are
unchanged from existing to proposed.
0.65
k 1p a p
y sp = y se
k 1e a e
where:
ysp & yse = scour depth for proposed pier and existing pier, respectively
k1p & k1e = pier nose shape correction factor for proposed and existing pier,
respectively
ap & ae = pier width for proposed and existing pier, respectively
For new bridges/new alignments where there are no historical records available, the
drainage engineer should look for hydraulically similar bridges in the area (preferably on
the same water body) and estimate scour using the above guidelines. If there are no
similar structures to use for comparison, contact the District Drainage Engineer for
guidance on other methods for estimating normal everyday scour.
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4.9.3.1 General
Pier spacing and orientation, and abutment design shall be designed to minimize flow
disruption and potential scour, subject to navigation requirements.
1. For protection against the effects of scour conditions consistent with design
requirements stated above.
2. For the effects of wind generated waves and boat wake.
Spill-through abutments: Where flow velocities do not exceed 9 fps, and/or wave
heights do not exceed 3 feet, minimum protection shall consist of one of the following
placed on a 1(vertical) to 2 (horizontal) slopes:
Rubble riprap (Bank and Shore) and filter fabric: Rubble riprap (Bank and Shore)
is defined in the Standard Specifications for Road and Bridge Construction.
Articulated concrete block (cabled and anchored).
Grout-filled mattress (articulating with cabling throughout the mattress).
Site specific designs and technical specifications are required when using articulated
concrete block or grout-filled mattress abutment protection. The Structures Design
Guidelines provide typical details for standard revetment protection of abutments and
extent of coverage. The horizontal limits of protection shall be determined using HEC-
23. A minimum distance of 10 feet shall be provided if HEC-23 calculations show less
than 10 feet.
Bulkhead abutments shall be protected by sheet piling with rubble toe protection below
the bulkhead, and with revetment protection above the bulkhead when appropriate. The
size and extent of the protection shall be designed for the individual site conditions.
Abutment protection should be extended beyond the bridge along embankments that
may be vulnerable during a hurricane surge. Wave attack above the peak design surge
elevation and wave rebound scour at the toe of bulkheads must be considered. In such
cases, a qualified coastal engineer should be consulted to determine the size and
coverage of the revetment.
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The choice of cabling material for interlocking block or concrete mattresses must
consider the corrosiveness of the waterway. Steel cabling should not be used in salt or
brackish waters
The spread on bridge decks and bridge approaches shall meet the spread standards in
the storm drain chapter.
The standard scupper drain shall be 4” in diameter and spaced on 10-foot centers,
unless spread calculations indicate closer spacing is required.
Where bridge sidewalks are sloped away from the travel lanes, measures to capture
runoff from the sidewalks are not required. If bridge sidewalk drainage is installed,
scuppers must satisfy Americans with disabilities Act (ADA) requirements to have no
more than ½” „hole‟ in the walking surface (ADA – Section 4.5.4).
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Metal Pipes:
Pipe and Pipe Arch - Helical Fabrication
Re-corrugated Ends - All Flow Conditions*
12” – 24” n = 0.020
30” – 54” n = 0.022
60” and larger n = 0.024
Plastic Pipes:
Polyvinyl Chloride-PVC (external rib/smooth interior)
All Sizes n = 0.012
Polyethylene
Single Wall n = 0.024
Double Wall (Smooth) n = 0.012
The selection of end treatment facilities and other hydraulic structures shall be
selected/designed to satisfy hydraulic capacity, structural capacity, and safety
(vehicular, pedestrian, cyclist) requirements.
Treatments are presented in the Standard Drawing Indexes of the Roadway and Traffic
Design Standards. The Standard Indexes provide guidance on end treatment selection.
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The type and location of end treatment shall comply with roadside safety and clear zone
requirements. See the Plans Preparation Manual for clear zone requirements and the
Standard Indexes for end treatment safety guidance.
The design of culverts shall be consistent with the standard construction and
maintenance practices of the Department. Standard details for inlets, manholes,
junction boxes, end treatments, and other miscellaneous drainage details are provided
in the standard index drawings. Specifications are provided in the Standard
Specifications for Road and Bridge Construction. In the event standard index drawings
are not suitable for a specific project need, a detailed design shall be developed and
included in the plans; and, as appropriate, special provisions shall be provided for
inclusion with the project specifications. Proper design shall also consider maintenance
concerns of adequate physical access for cleaning and repair.
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For culverts requiring more than a double line of pipe, other alternatives shall be
investigated.
4.11 Documentation
For extensions of culverts that have no signs of undesirable scour at inlet and outlet
ends; no excessive sedimentation; and no history of problems, the documentation shall
include as a minimum the following:
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4.11.2 Bridges
6. Applicable regulatory agency documents that affect the final design. This
may include documents from the Corps of Engineers, Coast Guard, water
management district, DEP, etc.
7. For Interstate system bridges over floodplains where a Regulatory Floodway
has not been established, the documentation must include the evaluation
required in Section 4.4 of this Chapter.
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2. Design standards
3. Structure hydraulic performance, including backwater,
velocity, and scour.
4. Impacts of the structure on adjacent property
5. Environmental impacts
6. The alternative analysis shall include the reasons for selecting the
recommended structure, and a clear explanation as to why it is the
most economical structure for the site in question. As a minimum,
the following structure sizes shall be evaluated:
1. The minimum structure size required to meet hydraulic
standards for vertical and horizontal clearance, scour, and
backwater.
2. Existing structure size if applicable.
3. The recommended structure size if different from (1) or (2).
7. Deck Drainage analysis
8. Supporting Hydraulic Computations including
1. Computer analysis, if appropriate, including a plan view of cross
section locations and a floppy disk with final input file(s).
2. Scour Computations
3. Deck Drainage computations
4. Design Assumptions
8. Applicable regulatory agency documents that affect the final design.
This may include documents from the Corps of Engineers, Coast
Guard, WMD, DEP, etc.
8. For Interstate system bridges over floodplains where a Regulatory Floodway
has not been established, the documentation must include the evaluation
required in Section 4.4 of this Chapter.
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Chapter 5
Stormwater Management
5.1 Introduction
This chapter presents standards for the design of stormwater management systems for
Department projects. Guidance for drainage connection permits are covered in the
FDOT Drainage Connection Permit Handbook.
The design of stormwater management systems for Department projects shall comply
with the water quality, rate, and quantity requirements of Section 334.044(15), F.S.,
Chapter 14-86, F.A.C., Rules of the Department of Transportation.
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5.3.1.1 General
For projects located in watersheds with positive outlets, e.g., streams and some sinks, a
detention system is required of sufficient size to ensure that the post developed
discharge rates do not exceed pre-developed discharge rates for the critical duration (1-
hour through 3-day) storm. Discharge rates shall be determined for several storm event
frequencies through the 100-year. These systems must also address water quality
requirements.
For projects that are located within a watershed that contributes to a depressed low
area, or a lake that does not have a positive outlet such as a river or stream to provide
relief (i.e., closed basin or isolated depression), a detention/retention system is required.
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The detention/retention system shall be of sufficient size to ensure that the post
developed discharge volumes do not exceed the pre-developed discharge volumes for
the critical duration (1-hour through 10-day) storm. Discharge volumes shall be
determined for several storm event frequencies through the 100-year. The retention
volume should recover at a rate such that one-half of the volume is available in 7 days
with the total volume available in 30 days, with a sufficient amount recovered within the
time necessary to satisfy applicable water treatment requirements.
5.3.1.4 Exceptions
Water quantity and rate control criteria are not applicable for projects which discharge
directly into tidal areas. This is subject to permission of the appropriate permitting
authority.
Water quantity and rate control criteria are not applicable where it can be demonstrated
that downstream conveyance and storage systems have adequate capacity, or will be
improved to have adequate capacity for the increased quantity and rate of runoff
created by the project. This is subject to permission of the downstream property
owner(s), and the appropriate permitting authority.
For projects where available right-of-way is insufficient and cannot be feasibly obtained
for proper treatment (quantity, rate, quality), treatment of existing untreated offsite areas
which discharge to the same receiving water body may be substituted in lieu of treating
the project. This is subject to permission of the property owner downstream of the
untreated project area, and the appropriate permitting authority.
Water quantity and rate control criteria can be waived when the downstream property
owner(s) agrees to accept the increased quantity and rate of runoff created by the
project. This approach is subject to appropriate exemption by the permitting authority.
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Stormwater management facilities shall be designed with due consideration of the need
for protective treatment to prevent hazards to persons. General guidance on protective
treatment is provided in Appendix D. Flat slopes shall be used when practical.
Retention areas shall be fenced in accordance with 5.3.4, and to prevent entry into
areas of unexpected deep standing water or high velocity flow. Grates shall be
considered to prevent persons from being swept into long or submerged drainage
systems. Guards shall be considered to prevent entry into long sewer systems under
no-storm conditions, to prevent persons from being trapped.
5.3.4.1 General
The design of stormwater management systems shall be consistent with the standard
construction and maintenance practices of the Department. Standard details for inlets
manholes and junction boxes, end treatments, and other miscellaneous drainage details
are provided in the standard index drawings. Specifications are provided in the
Standard Specifications for Road and Bridge Construction. In the event standard index
drawings are not suitable for a specific project need, a detailed design shall be
developed and included in the plans; and, as appropriate, special provisions shall be
provided for inclusion with the project specifications. Proper design shall also consider
maintenance concerns of adequate physical access for cleaning and repair.
Standard design features for detention and retention ponds are shown in figure 5.1 and
are as follows:
1. Maintenance Berm
Ponds shall be designed to provide a minimum 20 feet of horizontal clearance
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between the top edge of the normal pool elevation and the right-of-way line. At
least 15 feet adjacent to the pond shall be at a slope of 1:8 or flatter. The berm
area shall be sodded.
2. Corners
Corners of ponds shall be rounded to provide an acceptable turning radius for
maintenance equipment.
3. Freeboard
To compensate for grading irregularities, 1 foot of freeboard is required above
the maximum design stage. Less freeboard is acceptable when a permanent
containment feature such as concrete is provided.
4. Fencing
Ponds having side slopes steeper than 1:4 shall be provided a protective barrier
(e.g., wall, fence, etc.) to prevent unauthorized entry. Refer to Appendix D (Part
2 - Protective treatment) for other considerations. Appendix D is a guideline and
not a standard. Gates for maintenance equipment access shall be placed at
appropriate locations.
5. Access Easements
When pond areas are not accessible directly from the road right-of-way, an
access easement shall be provided.
Exfiltration systems (French drains) shall be designed using Roadway Standard Index
Drawing 285. Designs shall include provisions for overflow resulting from floods
exceeding the design storm condition.
5.4 Documentation
The documentation for stormwater management facilities shall be sufficient to justify the
facility, and describe the design and operation. At a minimum the documentation shall
include:
1. Pond Siting Evaluation (required only if additional right of way is obtained for
the pond) consisting of:
1. Identification of alternate sites.
2. For each alternate include preliminary information about:
1. Right of way costs.
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Chapter 6
6.1 Introduction
Optional culvert materials shall be considered for all culvert applications including, but
not limited to, storm drains, cross drains, side drains, gutter drains, and French drains.
All culvert materials shown in Table 6-1 for the application being designed shall be
evaluated. The evaluation shall consider functionally equivalent performance in three
areas: durability, structural capacity, hydraulic capacity.
6.2 Durability
Culverts shall be designed for a design service life (DSL) appropriate for the culvert
function and highway type. Department requirements for DSL are provided in Table 6-
1. The projected service life of pipe material options called for in the plans shall
provide, as a minimum, the Design Service Life. Pipe material standards shall not be
reduced when projected service life exceeds design service life.
1. pH
2. Resistivity
3. Sulfates
4. Chlorides
Tests for the above characteristics shall be based on FDOT approved test procedures.
To avoid unnecessary site specific testing, generalized soil maps may be used to delete
unsuitable materials from consideration. The potential for future land use changes
which may change soil and water corrosion indicators shall also be considered to the
extent practical.
The computer program, Tables and Figures, or criteria stated below should be used in
evaluating the estimated service life for the following culvert materials:
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Culvert Service Life Estimator Available on the internet and from Maps
Program & Publications (See Chap. 1 for address)
Galvanized Steel: Figure 6.1 and Table 6.2
Aluminized Steel: Figure 6.2 and Table 6.3
Aluminum: Figure 6.3 and Table 6.4
Reinforced Concrete: Figure 6.4 and Table 6.5
Non-reinforced Concrete: 100 Years (pH ≥ 4.0)
Fiber Reinforced Concrete: 100 Years (pH ≥ 4.0)
Polyethylene: 50 Years
F949 PVC 100 Years
Other Polyvinyl Chloride: 50 Years
Note: Estimated Service Life for metal pipe may be increased by 10 years, if it is
coated with a bituminous coating.
Standard Index Drawing 205 provides minimum and maximum cover requirements.
The minimum thickness established to meet Durability requirements shall be evaluated
to assure structural adequacy and increased if necessary. Materials and sizes not listed
in Index 205 shall be evaluated using AASHTO design guidelines and industry
recommendations, and modified as necessary to be consistent with Index 205 and any
applicable specifications and installation procedures.
The hydraulic evaluation shall establish the hydraulic size in accordance with the design
standards provided in the Drainage Manual for the particular culvert application. For
storm drains and cross drains, the design shall use the Manning's roughness coefficient
associated with concrete pipe, spiral rib pipe, polyethylene pipe and polyvinyl chloride
pipe.
For side drains, the hydraulic design shall use a one-size design. If a material type is
considered to be inappropriate, it will need to be eliminated as an option in the plans.
In addition, the hydraulic evaluation shall verify that the standard joint performance as
required by the Standard Specifications, Section 430-4.1 will be sufficient. For
situations where the minimum joint performance as required by the Standard
Specifications is not sufficient, special provisions to specify the proper joint shall be
provided in the plans. For example, a pump station with a small diameter pressurized
storm drain should use a High Pressure joint. (Note: Joints are tested and rated by the
State Materials Office.)
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The types of culvert materials to be considered for the various culvert applications are
as follows. Other materials may be considered, but are not required to be.
The Plans Preparation Manual illustrates a method of presenting the acceptable pipe
materials in the plans.
6.6 Documentation
The documentation shall be sufficient to justify eliminating material types from being
acceptable and shall include at a minimum the following:
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Polyvinyl-Chloride Pipe
* F949 * F949 * * F949 *
PVC
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3. Temporary construction normally requires a much shorter design service life than
permanent does. However, temporary measures that will be incorporated as
permanent facilities should be treated as permanent construction with regard to
design service life determination.
5. Replacing this pipe would require removal and replacement of the project‟s
pavement or curb.
6. Gutter Drains under retaining walls should use 100 year DSL.
7. F949 PVC service life is 100 years. Other PVC pipe has a 50-year service life.
PVC pipe should not be used in direct sunlight unless it meets the requirements
of Section 948-1.1.
8. HDPE Class II pipe, qualified under interim acceptance, may not be used on
limited access facilities or other critical roadways designated by the district.
HDPE Class II pipe may not be used in the Florida Keys
9. Any pipes under permanent structures such as retaining walls, MSE walls,
buildings, etc. shall be 100 year DSL.
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Appendix C
Drainage Law
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APPENDIX C
DRAINAGE LAW
C.1 OVERVIEW
Current drainage law has evolved from case law in the courts, administrative hearing
rulings, and the requirements which have been placed on the Department by other
regulatory agencies. The discussion presented in this chapter of the Department‟s legal
rights and responsibilities to the public as they relate to highway drainage is not
intended as a substitute for legal counsel, but rather to familiarize engineers with basic
drainage law, terminology, rules, and applications as they relate to state road design
and maintenance.
C.2 TERMINOLOGY
Critical Duration. The duration of a specific storm frequency (i.e. 100-year storm) which
creates the largest volume or highest rate of net stormwater runoff (post-improvement
runoff less pre-improvement runoff) for typical durations up through and including the
10-day duration for closed basins and up through the 3-day duration for basins with
positive outlets. The critical duration for a given storm frequency is determined by
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calculating the peak rate and volume of stormwater runoff for various storm durations
and then comparing the pre-improvement and post-improvement conditions for each of
the storm durations. The duration resulting in the highest net peak rate or largest net
total stormwater volume is the “critical duration” storm (volume is not applicable for
basins with positive outlets).Diversion. (1) The taking of water from a stream for a
beneficial purpose (irrigation, water supply, power, etc.) even though a portion may
return to the same stream. (2) The deflection of surface waters or stream waters so
that they discharge into a watercourse to which they are not naturally tributary.
Deflection of flood water is not diversion.
Drainage Connection. Any structure, pipe, culvert, device, paved or unpaved area,
swale, ditch, canal, or any other appurtenance or feature whether naturally occurring or
created which is used or functions as a link to convey stormwater.
Easement. A right to use the land of others. It may derive from the common law or be
acquired, usually by purchase or condemnation, but occasionally by prescription or
inverse condemnation. The right is not exclusive, but subject to rights of others in the
same land, the lesser right being servient to a prior dominant right. Easements for
drainage may give rights to impound, divert, discharge, concentrate, extend pipelines,
deposit silt, erode, scour, or to perform any other necessary activity of a highway
development.
Use of land of others without right usually leads to right in the future. If use is adverse
and notorious for a statutory period, an easement is acquired by prescription with
compensation, but, at any earlier time, the owner of the other land may sue for
compensation by inverse condemnation.
Erosion and Accretion. Loss and gain of land, respectively, by the gradual action of a
stream in shifting its channel by cutting one bank while it builds on the opposite bank.
Property is lost by erosion and gained by accretion, but not by avulsion, when the shift
from one channel to another is sudden. Property is gained by reliction when the water
in an ocean, lake, river, or stream recedes.
Erosion and Scour. The cutting or wearing away by the force of water of the banks and
bed of a channel in horizontal and vertical directions, respectively.
easement including, but not limited to curbs, gutters, swales, ditches, canals, channels,
culverts, pipe, and retention/detention areas.
Flood Waters. Former stream waters which have escaped from a watercourse (and its
overflow channel) and flow or stand over adjoining lands. Flood waters remain as such
until they disappear by infiltration, evaporation, or return to a natural watercourse; they
do not become surface waters by mingling with such waters or stream waters by
eroding a temporary channel.
Groundwater. Water situated below the surface of the land, irrespective of its source
and transient status. Subterranean streams are flows of groundwater parallel to and
adjoining stream waters, and are usually determined to be integral parts of the visible
streams.
Impervious Areas. Surfaces that do not allow, or minimally allow, the penetration of
water. Examples of impervious areas are building roofs, all concrete and asphalt
pavements, and lakes, ponds, and other standing water areas, including some
retention/detention areas.
Marshes. Lands saturated by waters flowing over the surface in excess of infiltration
capacity, such as sloughs or rivers and tidal channels.
Navigable Waters. Those stream waters lawfully declared or actually used as such.
Navigable Waters of the United States are those determined by the Chief of the U. S.
Army Corps of Engineers to be so used in interstate or international commerce. Other
streams have been ruled navigable by courts under the common law that navigability in
fact is navigability in law.
Owner. Any owner of land, usually specified in relation to another owner. Of two
owners affected by the flow of water, the one upland is the upper owner and the other
the lower owner. The highway has an owner with the same rights in common law as
private owners.
Peak Discharge. The maximum flow of water passing the point of interest during or
after a rainfall event.
Percolating Waters. Those which have infiltrated the surface of the land and moved
slowly downward and outward through devious channels (aquifers) unrelated to stream
waters, until they either reach an underground lake or regain and spring from the land
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Positive Outlet. A point of stormwater runoff into surface waters that under normal
conditions would drain by gravity through surface waters ultimately to the Gulf of Mexico
or the Atlantic Ocean. Discharge into sinks or closed lakes will be considered as a
positive outlet only if the receiving water body has been identified by the appropriate
Water Management District as functioning as if it recovered from runoff by means other
than transpiration, evaporation, percolation, or infiltration.
Stormwater. The flow of water that results from and occurs immediately following a
rainfall event.
Stream Waters. Former surface waters that have entered and now flow in a well-
defined natural watercourse together with other waters reaching the stream by direct
precipitation or from springs in the bed or banks of the watercourse. They continue as
stream waters as long as they flow in the watercourse, including in overflow and
multiple channels as well as the ordinary or low water channel.
Surface Water. Water upon the surface of the earth, whether contained in natural or
artificial boundaries or diffused. Water from natural springs shall be classified as
surface water when it exits onto the earth's surface.
Swamps. Lands saturated by groundwater standing at or near the surface. (If the water
has risen to the surface at a fault, the swamp is a cienega.)
Volume. The total amount of water coming to the point of interest. It may be from
surface water, watercourses, groundwater, or direct precipitation.
Watercourse. A definite channel with bed and banks within which water flows, either
continuously or in season. A watercourse is continuous in the direction of flow and may
extend laterally beyond the definite banks to include overflow channels contiguous to
the ordinary channel. The term does not include artificial channels such as canals and
drains, except as natural channels are lawfully trained or restrained by the works of
man. It also does not include depressions or swales through which surface or errant
waters pass.
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Generally, an upland owner has an easement over the land of the lower land owner for
surface waters that flow over the lower land. In exchange for this privilege, the upland
owner has the duty not to divert surface waters, change the velocity of flow, add to the
pollution, or increase the amount of waters from other directions to the extent that
damage occurs on the lower lying property of the other land owner. Ideally, the surface-
water flow should imitate the conditions in existence when the lands were in a natural
state. Realistically, changes made in the development of real property are reviewed by
the courts on a case-by-case basis to determine whether the changes which occur are
substantial and whether the development has been reasonable. A major factor, if the
courts find that a nuisance has been created by the upland owner on the lower land, is
whether or not the lower land owner came to the nuisance.
Generally, the lower land owner has the duty to the upland owner not to prevent or
obstruct the flow of surface waters onto his land from that of the upland owner. The
lower land owner cannot exclude these surface waters, nor can he cause the water to
flow back to his upland neighbor. One exception to this rule is when such a backflow is
a natural condition which could be anticipated from the natural configurations of the
land. An example of this exception would be a land-locked storage basin that overflows
in an intense storm of long duration. Even if it is foreseeable, the overflow onto the
neighboring land when caused by natural conditions is not a trespass by the lower land
owner. However, if the lower land owner diverted additional waters into the land-locked
basin, and took the chance that such a natural event could occur, the lower land owner
may be responsible for the surface-water overflow onto the neighboring property.
Another exception to the responsibilities owed to the lower land owner can be found in
the low lying areas in South Florida where indiscriminate rim ditching was allowed. If
the lower land owner came to this condition, he cannot assert a trespass or nuisance
claim.
If the Department is involved in any way, on any side of the mentioned situations,
contact with the legal department is required.
If a lower land owner accepts surface water from the upland owner over and above the
natural surface water, and the upland owner developed property in reliance on that
acceptance, the lower land owner may be prevented from refusing to accept that water
volume in the future. An example of this would be an owner of a cow pasture who
accepts Department highway drainage into a pond on his land for use as a drinking area
for his herd of cows. If he or a subsequent owner later decided to build a shopping
center by the state roadway, he would continue to be responsible for the storage of the
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Two important items in highway drainage design for the Department to review from a
legal perspective are the current natural state of the adjoining property to the highway
and the reasonably foreseeable development that will occur in the area. The first
concern may be addressed by creating current and/or reviewing historical drainage
maps of the area. The second concern may be evaluated by reviewing local
comprehensive zoning and stormwater management plans for the area in question.
When feasible, the highway system design should be integrated with the local plans.
In Koger Properties, Inc. v. Allen, 314 So.2d 792 (Fla. 1st DCA 1984), a developer had
improved its property by constructing office buildings and parking areas, which gathered
rainfall that had been previously absorbed by the earth and channeled it through storm
drains that terminated at an opening directly in front of the lower land owner's (the
plaintiff) property. The developer agreed that it would pipe the water through a 36-inch
pipe under the road owned by the City of Tallahassee in front of the plaintiff's property,
and the City agreed to carry the water from that point through a ditch which it agreed to
enlarge.
The developer went ahead with construction without keeping the City advised of its
progress, so that the City was unaware as to when it needed to improve its facilities.
Stormwater from a subsequent rainfall event was projected with great force from the
terminus of the developer's storm drainage system at a point directly across the road
from the plaintiff's home. The water overflowed the ditch, ran across the road in a small
river, and flooded the plaintiff's property, causing great damage to his home.
A jury awarded the plaintiff compensatory and punitive damages against the developer
for knowingly flooding the plaintiff's property. The jury found that the City was not
responsible for any of the damages suffered by the plaintiff.
In Leon County v. Smith, 397 So.2d 362 (Fla. 1st DCA 1980), a developer of a
subdivision designed a drainage system that would collect surface water and transport it
east to west to a central ditch and then southerly through a ditch to the plaintiff/land
owner's property. The outfall point for this water was along the northern boundary line
of the land owner's property and no provisions were made for transporting the water
across his land.
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Later, the County accepted ownership of and responsibility for the drainage system. As
homes were built in the subdivision, increasing amounts of stormwater entered the
drainage system and discharged onto the plaintiff's property. The County then enclosed
portions of the drainage system with pipes, and other drainage systems were connected
to it. The velocity of the water flow was so increased by these actions that the drainage
carved gullies 4 to 6 feet deep into the plaintiff's land. In addition, water continued
flowing from the subdivision for days after the rain stopped and the area in and around
the ditches remained a muddy ooze. Eventually, the flooding rendered the plaintiff's
land useless.
The court held that, as a result of the County's action, the County had taken the
plaintiff's property and was required to pay him just compensation for that property.
In Hanes v. Silgain, 448 So.2d 1130 (Fla. 1st DCA 1984), the plaintiff Hanes alleged
that the manner in which Silgain Motel Corporation and Gulf Oil Corporation developed
their property unreasonably diverted the natural flow of surface water to the detriment of
the Hanes' property. Hanes further alleged that Silgain was negligent in designing and
constructing an inadequate retention basin. Silgain then brought a third party action
against the Department of Transportation alleging, among other things, that the
Department negligently maintained a storm drainage system in such a manner as to
wrongfully divert and disperse large volumes of surface waters onto Silgain's land in a
concentrated stream.
The Department in turn brought a third party action seeking contribution against various
land owners and users, asserting that the defendants developed their property in a
manner that diverted and cast unreasonable quantities of surface water into the
Department storm drainage system. The Department also alleged that such diversion
overtaxed its drainage system, thereby rendering the defendants proportionately
responsible for such damage as may have resulted to Silgain and Hanes from any
excess drainage system discharge.
The Department's complaint was dismissed with prejudice. The appellate court upheld
this dismissal, ruling that the Department was solely responsible for the maintenance of
its drainage system and that commercial developments draining into this system did not
jointly share in this responsibility.
In Department of Transportation v. Burnette, 384 So.2d 916 (Fla. 1st DCA 1980), the
Department was enjoined from collecting water in pipes and ditches, and from diverting
the water from its natural course and sending it onto Burnette's property.
The court found that the natural drainage path for land immediately surrounding U.S. 90
within a half mile west of Madison was northward under the highway and across
property later occupied by North Florida Junior College. A culvert system was installed
on the highway. Subsequently, those northward drainage courses were plugged,
apparently to protect North Florida Junior College. This action caused ponding
immediately south of the highway.
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Then, in 1969, the Department allegedly changed the drainage by constructing and
buying a ditch on an easement from the highway 500 feet south toward the northern
boundary of the subject property. During the same project, the Department added more
drainage to this system through a culvert along the south side of State Road 10, adding
the runoff from 103 acres of improved land in municipal Madison. Burnette's engineer
testified that an estimated 14 million gallons (43 acre-ft) of water from the City of
Madison would be included in the drainage system and that under such conditions, 50
low acres of Burnette's land would be flooded and access would be limited on the
remaining 50 acres.
The court concluded, however, that an action for inverse condemnation did not lie,
because all beneficial uses to the property were not deprived and because the property
had always been subject to intermittent flooding.
Stoer v. Ocala Mfg. Ice and Packing Co., 24 So.2d 579 (Fla. 1946), created an
exception to upland owner liability in Florida in situations where the upland owner drains
water into a natural watercourse. In such cases, an upland owner can increase the
volume and velocity of the water flow into a natural watercourse without incurring any
liability as long as the natural flow of water is not diverted or the watercourse is not
overtaxed to the injury of the lower land owners.
The following is a general discussion of regulated activities that require permits from
various agencies. It is not intended to be project- specific. Design permit assistance for
a particular project should be obtained from the Bureau of Environment and the permit
coordinator for the project.
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The Department of Environmental Protection (DEP) is the chief pollution control agency
in the state. Their jurisdiction over water pollution control extends to "waters of the
state" as defined in Section 403.031, Florida Statutes:
It is not necessary for the area included in the waters of the state to be perpetually
submerged in water; the DEP includes in its jurisdiction landward areas which are only
covered by water some of the time. The boundaries of these areas are defined by the
presence of plant species currently listed in Rule 17-4.02, FAC.
All dredge and fill activities conducted in areas either in or connected to waters of the
state are required to comply with water quality standards specified in Rule 17-3, FAC.
The standards establish criteria that define the maximum level of listed pollutants
allowable in a water body, determined by the water use classification for that body. Five
levels of classification are used to delineate water use. For example, the Fenholloway
River is designated as Class V, which allows commercial and industrial uses. The
water quality standards allowable for that river are much lower than those for a Class I
water source, which provides potable water, or for a Class II water source such as the
Apalachee Bay where shellfish are harvested.
Pursuant to Rule 17-4.28, FAC, Dredge and Fill Permits must be obtained where
dredge and fill activity is undertaken in:
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Within the limits of the DEP regulations, the Department would need to obtain dredge
and fill permits when new roadbeds are constructed, when new drainage systems are
constructed, and when new drainage systems involving underground piping are used.
For facilities which require use of state-owned lands, DEP usually issues an easement
or dedication for DOT use of state-owned submerged land. Permit applications for groin
or jetty construction, beach restoration, coastal revetments, or other similar coastal
construction activities which will take place in or adjacent to tidal waters of the state may
require a coastal construction permit.
Pursuant to Rule 17-25.01, FAC, the DEP regulates discharge of untreated stormwater
that could be a potential source of pollution to the state. This regulatory scheme is
qualitative and quantitative. All stormwater discharges must meet the water quality
standards of the class of water body the stormwater actually reaches. Additionally, the
rule regulates stormwater by requiring retention or retention with filtration systems that
allow separation of polluting substances by percolating the water into the ground. The
DEP may delegate its regulatory authority to Water Management Districts, flood control
districts, and local government entities. Control of stormwater runoff has been
delegated to all Water Management Districts except the Northwest.
Certain local situations may dictate the use of drainage wells. Typically, this would
occur on barrier islands and coastal locations, where the stormwater would be
introduced into saltwater and could be effective in maintaining the existing fresh/saline
water interface. Groundwater withdrawal is typically not permitted in these areas.
However, due to the nature of drainage wells, specific design approval for the
construction of drainage wells must be granted by the State Drainage Engineer on an
individual project basis.
Drainage wells are considered by the DEP to be Class V, Group 5 wells, regulated
under Chapter 17-28, FAC. Drainage well use and treatment of the surface water prior
to discharge shall be consistent with these regulations. Some existing wells and all
future wells drilled into potable or potentially potable aquifers should be recognized as
requiring pretreatment of the surface water prior to discharge.
through natural conduits such as sinkholes when there is a direct connection to certain
classes of groundwater. The DEP has interpreted this to mean that a sinkhole is
comparable to a drainage well when it provides a direct connection with Class G-I and
Class G-II groundwater. Therefore, discharges to sinkholes that exhibit a direct
connection to these classes of groundwater must be treated as discharges to a
drainage well and require the same permit process.
C.5.1 GENERAL
The Florida 1972 Water Resources Act, Chapter 373, Florida Statutes, provides a two-
tiered administrative structure headed at the state level by the DEP. The DEP
supervises five regional Water Management Districts designed to provide the diverse
types of regulation needed in different areas of the state. These include the previously
existing Central and Southern Florida Flood Control District, renamed the South Florida
and the Southwest Florida Water Management Districts. Since these two districts had
already been established and were authorized to levy ad valorem taxes to pay for their
regulatory functions, they were promptly delegated full regulatory and permitting powers
by the Department of Natural Resources (DNR), at that time the state-level regulatory
agency. The three new districts established under the Act were the Suwannee River,
St. Johns River, and Northwest Florida Water Management Districts.
Basin boards in the Water Management Districts handle administrative and planning
functions in the particular basin, such as developing plans for secondary water control
facilities and for water supply and transmission facilities for counties, municipalities, or
regional water authorities. Basin boards do not exercise regulatory or permitting
authority, but help to relieve the Water Management Districts of some of their
administrative chores.
The governing boards of the Water Management Districts exercise broad statutory
powers under Chapter 373, Florida Statutes. In regard to water works, they are
authorized to:
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These boards also establish rules and regulations related to water use, adopted after
public hearing and subject to review by the Governor and Cabinet sitting as the Land
and Water Adjudicatory Commission.
Permitting authority has been conferred on the Water Management Districts for artificial
recharge projects or the intentional introduction of water into any underground
formation; the construction, repair, and abandonment of water wells; the construction or
alteration of dams, impoundments, reservoirs, and other water storage projects; the
licensing and registration of water well contractors; and the hookup of local water works
to the district's works. Such broad regulatory powers are consistent with the declared
policy of the Florida Water Resources Act for the DEP "to the greatest extent
practicable," to delegate conservation, protection, management, and control authority
over state waters to the Water Management Districts.
The DEP has been concerned most directly with water quality control while the Water
Management Districts have been primarily involved with water quantity control. This
has inevitably resulted in regulatory overlap and confusion, since water quality and
water quantity considerations are seldom mutually exclusive. This regulatory overlap
has made it necessary for the DEP and the Water Management Districts to work out an
effective policy to avoid confusion and redundancy in the state's regulatory scheme.
Permitting and evaluatory criteria overlap between the DEP and the Districts often
requires permit applicants to approach both agencies for action on a single proposed
activity. The extent of this overlap depends largely on the extent to which a Water
Management District has implemented its own permitting authority and established a
broad range of rules and regulations for water resource management within its
jurisdiction. Because they were in existence prior to enactment of the Water Resources
Act, the two southern districts have experienced the major share of problems with
overlapping responsibilities. Negotiations between the DEP and the Water
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One cooperative approach has been the designation of a "primary" and "secondary"
agency for specific permitting areas. Applicants would apply for a permit from the
primary agency only; the secondary agency would provide input and guidance
according to the terms of an interagency agreement. The DEP's Bureau of Water
Resources has assigned a coordinator to attend District board meetings and act as a
direct link between the agencies for the resolution of overlap problems. Also, joint
quarterly meetings and the development of standardized rules have been helpful in
promoting cooperation.
In dealing with highway drainage problems and issues, the Department engineer must
be aware of the rules and regulations of the Water Management District in which the
project is located. Since the Department issues permits for connections to the highway
drainage system, it has become even more essential from the agency's standpoint to
coordinate water storage plans and state resources, and to continue to preserve
comprehensive water management plans.
Prior to July 1, 1980, the DEP, or a majority of the owners, or the owners of the majority
of the acreage of any contiguous body of wet or overflowed lands or lands subject to
overflow situated in one or more counties were empowered pursuant to Chapter 298,
Florida Statutes, to form water control or drainage districts for agricultural purposes, or
when conclusive to the public health, convenience, and welfare, or of public utility or
benefit. On July 1, 1980, Chapter 298 was amended to provide that water control
districts could only be created by special act of the legislature. The drainage districts in
existence prior to that time were grand fathered in.
Drainage districts are governed by a board of supervisors who are elected by the land
owners in the district. The DEP's voting rights in the elections are proportional to the
extent of the acreage owned by the state in the districts. Presumably, that acreage
would include Department of Transportation right-of-way existing in the district.
The board of supervisors is empowered to hire a chief engineer, who is responsible for
the drainage works in the area, to adopt and carry out the plan of reclamation.
The Department of Community Affairs has recently been actively charged with the
responsibility of coordinating growth management in the State, which will reflect on
drainage facilities and projected area growth.
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Under present law, municipalities have authority to provide for drainage of city streets
and reclamation of wet, low, or overflowed lands within their jurisdiction. They may
construct sewers and drains and may levy special assessments on benefited property
owners to pay all or part of the costs of such works. Additionally, municipalities have
the power of eminent domain to condemn property for these purposes. Thus, they have
the means to deal directly with storm- and surface-water runoff problems.
The general zoning power which municipalities may exercise pursuant to Chapter 166,
Florida Statutes, enables them to enact flood plain zoning ordinances. Such ordinances
may simply require compliance with special building regulations or may exclude certain
types of development in a designated flood plain. Enactment of such ordinances is
another method by which municipalities can address runoff problems.
Most counties and municipalities have a drainage plan ordinance that requires submittal
of a drainage plan for proposed developments. In addition, they commonly require that
a drainage impact assessment be prepared and submitted if there is to be a change in
the development site. Several local governments have ordinances restricting the
amount of surface-water runoff that may be carried by a particular drainage system, or
the amount of sediment transported by the runoff.
Many local ordinances also incorporate a flood plain regulation element or minimum
elevations for old and new buildings to comply with the Federal National Flood
Insurance Act of 1968 and the various current Flood Disaster Protection Acts. The
virtues of flood control ordinances are multiple. As one study concluded:
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and erosion control methods; and a monitoring requirement for the discharge of surface-
water runoff into lakes, streams, and canals.
Whether the Department must comply with these local rules and programs is a question
that generates great doubt and confusion. The law is so uncertain that evaluation must
be made on a case-by-case basis. There are some general principles that should be
observed, however. First, although there are cases that state that Department power
over roads and bridges is plenary, Section 339.155(2), Florida Statutes, requires that
the Department, in adopting its statewide transportation plan, coordinate and be
consistent with local government regulations "to the maximum extent feasible." Also, in
developing the Florida Transportation Plan, the Department must take into account
regional and local comprehensive plans and "the total environment of the community
and region, including land uses, local stormwater management plans, and social and
community values." Thus as a general rule, the Department should cooperate and
comply with local regulations where such compliance would not be detrimental to the
Department's interests.
However, the law is clear that the authority of a state agency prevails over local
regulations when the regulations are in direct conflict with a statute or the subject of the
local regulation has been preempted by the statutory scheme. In the absence of such a
conflict or preemption, the courts balance the interests of the state agency versus the
local governmental entity to determine whose interest is superior, and the superior
interest prevails.
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Appendix D
Acquisition of Real Property Rights
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APPENDIX D
By dividing the property needs into these categories, the Department is able to conform
to requirements that empower it to take and make use of only as much real property as
is necessary and best-suited to the project.
Drainage Easements
Under the drainage easement, the Department is empowered to remove any artificial or
natural barriers which interfere with the use for which the easement was purchased.
This includes fences, trees, shrubs, large root systems, or other obstacles to proper
drainage or maintenance. The Department cannot be held legally accountable if actions
taken to prevent hindrances to usage damage or destroy natural growth.
In many developed areas of the state, parking facilities have been built over drainage
easements, with approval contingent on installation of piping that continues to satisfy
the Department's objectives. The following conditions also apply:
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On occasion, water from heavy rainfall events or non-permitted drainage hookups will
exceed the design limits of the highway drainage system, leaving the closed system and
flowing onto land the Department does not own. When areas where this may occur can
be determined in advance and when such flooding occurs under a limited set of
conditions and is temporary in nature, the Department may acquire a temporary flooding
easement. This gives the Department flood rights, allowing temporary use of private
property to ease flooding. The flood easement may or may not define conditions under
which flooding may occur and the elevation water would be expected to reach under
those conditions. Emphasis is placed on public safety and cost when negotiating for the
easement.
Flood rights are usually purchased on land in a natural state, which already floods under
certain weather conditions from non-highway sources. An example of this type of land
is a land-locked natural basin, such as those found in northern Florida.
To provide a retention or detention storage area for discharging water from the closed
highway drainage system, the Department may purchase either a temporary or
permanent water storage easement. This storage area may allow the water to be
transported to waterways of the state or to evaporate or percolate into the soil over time,
and may be in response to certain temporary conditions or can become part of the
drainage system design.
Many current comprehensive county zoning plans require that developers provide
storage for runoff that occurs from land development. Since these storage areas are
generally available to public and private entities, the Department should consider their
use whenever possible and only purchase storage rights needed for roadway drainage
when no other alternative is available.
The decision to purchase fee simple title rather than an easement to real property
should be made on a case-by-case basis that evaluates the benefits in terms of public
safety and convenience against the additional cost. A typical example would be
property containing open drainage ditches with sufficient depth or velocity to pose a
clear and present hazard to the public. Possession of fee simple title would allow the
Department to fence the property and otherwise minimize potential dangers in
accordance with state safety standards.
This manual establishes the minimum criteria for establishing property interests for
drainage purposes, including width and alignments. A sufficient additional allowance
should be provided for construction and maintenance requirements.
D-2.1 PURPOSE
Vehicular and pedestrian safety are attained by differing protective treatments, often
requiring the designer to make a compromise in which one type of protection is more
completely realized than the other. In such cases, an evaluation should be made of the
relative risks and dangers involved to provide the design that gives the best balance. It
must be remembered that the function of the drainage feature will be essentially in
conflict with total safety, and that only a reduction rather than elimination of all risk is
possible.
D-2.2 TYPES
The three basic types of protective treatment used by the Department are:
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Fences To prevent entry into areas of unexpected deep standing water or high
velocity water flow, or in areas where grates or guards are warranted but are
unsuitable for other reasons.
When determining the type and extent of protective treatment, the following
considerations should be reviewed:
The nature and frequency of the presence of children in the area, e.g., proximity
to schools, school routes, and parks, should be established.
Adequate debris and access control would be required on all inlet points if guards
or grates are used at outlet ends.
The hydraulic function of the drainage facility should be checked and adjusted so
the protective treatment will not cause a reduction in its effectiveness.
Use of a grate may cause debris or persons to be trapped against the hydraulic
opening. Grates for major structures should be designed in a manner that allows
items to be carried up by increasing flood stages.
Use of a guard may result in a person being pinned against it. A guard is usually
used on outlet ends.
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