What the law requires before and after the trench
Tallahassee Yard Drainage's Guide to Drainage Permits and Sunshine 811 in Tallahassee
Where a drain may empty, who has to approve it, and the two-business-day rule that applies to every trench in Florida.
- Tallahassee, Bradfordville and Crawfordville
- Written price before any digging
- Licensed, insured local contractors
- Priced for Red Hills clay and karst sand
Tallahassee Yard Drainage wrote this guide because the rules around yard drainage decide the design more often than the soil does. None of them are exotic, but skipping one can turn a drainage fix into a fine, a broken gas line or a dispute with the neighbor. This is a plain summary for Leon and Wakulla county homeowners; check the current rules with the agency named before relying on it.
Rule one, Sunshine 811 before any digging
Florida's Underground Facility Damage Prevention and Safety Act, Chapter 556 of the Florida Statutes, requires anyone excavating to notify Sunshine 811 before digging. That includes homeowners. The notice has to be given at least two full business days before the dig, and business days exclude weekends and state and national holidays. You can call 811 or submit a request online.
Member utilities then mark their lines with paint or flags. Those marks show the approximate location, and hand-digging near them is expected. Sunshine 811 marks public utility lines. It does not mark private lines on your side of the meter, such as irrigation, low-voltage lighting, a septic line or a well pipe, so point those out to whoever is digging.
A 2024 bill proposed extending the notice period to three business days. As of this writing, Sunshine 811's own guidance still says two. Check their site if you are planning a dig.
Rule two, work in the right of way needs a permit
The strip along the road in front of most homes, usually including the ditch or the curb, the area beyond the sidewalk and the driveway entrance, is public right of way. Connecting a drain to a curb, running a pipe into a roadside ditch or replacing a driveway culvert all happen in that strip, and all need permission from whoever owns it.
- Inside Tallahassee city limits: the City's Code of Ordinances requires a permit from the City before placing drainage or stormwater lines in the public right of way.
- Unincorporated Leon County: the County issues right-of-way placement permits for facilities in the county right of way, and driveway connection permits for driveways onto county roads.
- Wakulla County, including Crawfordville: Wakulla County Road and Bridge maintains county right of way and culverts; check with the county before any work there.
- State roads: the Florida Department of Transportation has its own drainage connection permit rules for its right of way.
Work entirely on your own lot, away from the road, typically does not need a right-of-way permit, though large grading jobs can trigger other county or city review. A good contractor pulls any permit needed and tells you so in the written quote.
Not sure which of these your yard needs? Describe it on the phone and get a straight answer.
Call (850) 604-5871Rule three, you cannot simply send water to a neighbor
In 1989 the Florida Supreme Court decided Westland Skating Center v. Gus Machado Buick, a case about roof water from one property flooding the one next door. The court adopted the reasonable-use rule for surface water. Under it, a landowner may make reasonable use of their land, including improving drainage, but can be liable when their interference with the flow of surface water is unreasonable and causes harm.
In practice, that means a drainage design should carry water along its natural path, to the street, a ditch or a neighborhood stormwater system, rather than pipe it over the fence. It also means the neighbor uphill of you is not free to dump their water on you. If a neighbor's new grading or downspouts have started flooding your yard, that is worth documenting with photos and dates before you talk to them.
Bradfordville has stricter stormwater rules
Leon County's Bradfordville Sector Plan includes the Bradfordville Stormwater Standards, which are stricter than the county baseline and exist to protect Lake McBride and Lake Iamonia. They mainly govern development, so a French drain on an existing house usually does not trigger them, but connections to roads, ditches and ponds in that area are more likely to get a closer look. More on the Bradfordville page.
Not sure whether your job needs a permit?
Describe where the water would go. If it touches the street, the ditch or the driveway culvert, it probably does, and you will hear which office handles it.
Call (850) 604-5871HOAs, trees and other rules people forget
- Homeowners' associations often regulate grading, visible drains, creek beds and anything near a common-area pond. Check the covenants.
- Protected trees and canopy roads. Leon County and the City of Tallahassee protect certain trees, and designated canopy roads have their own protection zones. Trenching through a large tree's root zone can need approval.
- Septic systems and wells. Drainage must not be directed toward a drain field or well head, which matters in Wakulla County where many homes still have both.
- Flood zones. Fill and grading in a FEMA flood zone can have extra requirements, especially near the coast and along creeks.
What a compliant drainage job looks like
Put together, a drainage job done properly in Tallahassee follows the same sequence every time: the problem is diagnosed, a legal outlet is chosen, any right-of-way permit is applied for, 811 is notified at least two full business days ahead, the lines are marked, and only then does anyone dig. See how that plays out on a real job on the French drain installation page.
Not sure which of these your yard needs? Describe it on the phone and get a straight answer.
Call (850) 604-5871Permit and 811 questions
Do I need to call 811 before installing a French drain in Florida?
Yes. Chapter 556 of the Florida Statutes requires notifying Sunshine 811 at least two full business days before digging, homeowners included.
Do I need a permit for a French drain in Tallahassee?
Work entirely on your own lot usually does not. Connecting to a curb, ditch or storm system in the public right of way needs a City of Tallahassee, Leon County or Wakulla County permit.
Can I drain water onto my neighbor's property in Florida?
Not freely. Florida applies the reasonable-use rule, so you can be liable if your drainage unreasonably sends water onto a neighbor and causes harm.
Who issues right-of-way permits in Leon County?
The City of Tallahassee inside city limits, and Leon County in unincorporated areas such as Bradfordville and Woodville.
Does 811 mark my irrigation and septic lines?
No. Sunshine 811 marks public utility lines. Private lines such as irrigation, septic and well pipes are not marked.
What are the signs a neighbor's drainage is flooding my yard?
New water arriving from their side after they regraded, added a patio or moved downspouts, especially along the shared property line.
Talk it through before anyone digs
Describe where the water sits and where it comes from. You will hear which fix fits the yard, what it usually costs, and whether you need one at all.
Call (850) 604-5871