Florida state law sets the baseline requirement for the entire state. It mandates that owners of onsite sewage treatment systems (septic tanks) must connect to a central sewerage system when it becomes available.
"(1)(a) The owner of a properly functioning onsite sewage treatment and disposal system... must connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system..."
Charlotte County reinforces the state mandate through its own Code of Ordinances. This section provides the local enforcement teeth and defines what "available" actually means for your specific property.
"All developed property must connect the plumbing system for any structure on the property to an available public or private sewer system within three hundred sixty-five (365) days after written notification... Any person failing to connect... shall be guilty of an ordinance violation for each day in excess of three hundred sixty-five (365) days..."
Charlotte County designates areas as "Urban Service Area" ("USA") or Rural Service Area ("RSA"). The goal is to provide a level of service that includes providing sewer and potable water to locations inside the USA. The idea is also to discourage providing sewers and potable water to locations outside the USA (not to sewer the RSA) to discourage "urban sprawl" which puts a burden on the County and taxpayers to pay for a utility that is costs too much and serves few customers at low housing density. This map shows the current USA and RSA.
Charlotte 2050 Comprehensive Plan, Future Land Use Appendix I, Rural Settlement Overlay District, Special Provisions, #1, b., iii. (see page 39) Mandates that development of the RSAOD cannot substantially happen until sewers are installed in the existing neighborhoods west of the highway: "iii. No building permits shall be issued after the first 200,000 square feet of non-residential development or the 1,000th residential unit until potable water and sanitary sewer wastewater lines are extended to those portions of Peace River Shores, Peace River and Peace River Highway subdivisions that are located inside the Urban Service Area. The collective owners and/or developers of the Rural Settlement Area and the Sun River Utility shall fund the extension. Funding mechanisms may include Community Development District bonds, MSBU revenues, grant monies and rebatable agreements."
Note that the developer is only required to "extend the lines" to these neighborhoods with the intent being that the existing neighborhoods will need to connect to sewer. At that point the State and County mandatory connection law and ordinance take over. Mandatory connection can cost property owners tens of thousands of dollars.
This map shows the Urban Service Area prior to 2010. It was divided into an "Infill Area" and "Suburban Area". This is prior to the 2010 Comprehensive Plan rewrite. Note that the area east of US 17 which now includes the RSAOD was part of the Rural Service area. The maps and 2010 County-DCA Memo below show how this area became Urban Service Area in 2010.
This map obtained in Public Records Request REQ-25-26-0402 shows the Urban and Rural Service Areas as transmitted to the Florida Department of Community Affairs on December 15, 2009. Note that the RSAOD is not proposed to be included in the Urban Service Area. The County has combined the "Infill" and "Suburban" areas into a single USA. Also note that there are still areas included in the USA that were later removed prior to the 2010 Comprehensive Plan Adoption (areas removed that later became SPAM Series #12 Map). DCA objected to much of the County's draft Comprehensive Plan in their March 5, 2010 "ORC Report."
DCA's March 5, 2010 ORC Report advised Charlotte County NOT to adopt the RSAOD (twice) without proposing any remedy. Mysteriously, over a 16 week period, the County staff (likely aided by a privately paid consultant) negotiated with DCA staff as well as DCA Secretary Pelham resulting in recommendations disclosed in this June 29, 2010 Memo (obtained through Public Records Request REQ-25-26-0402).
It was this negotiation that resulted in expanding the Urban Service Area to include the proposed RSAOD. It was this discussion that resulted in the Special Provision that requires the developer to first extend sewer lines to the neighborhoods on the west side of US 17 which will then trigger the Mandatory Connection requirements to convert from septic to sewer at the property owner's expense. It's a win for the developer and the utility because it forces immediate new paying customers as part of its expanded utility.
Where to find this: In the Memo Page 2, Items 1 & 7. Page 3 Staff Response to Recommendation 1.
"SPAM Map #12" shows the areas that were removed from the Urban Service Area and placed into the Rural Service Area after negotiations with DCA following the March 5, 2010 ORC Report.
The Urban Service Area and Rural Service Area as it currently exists in 2026. The Urban Service Area incorporates the RSAOD.
Developments that create isolated, non-contiguous "leapfrog" development constitute urban sprawl. These regulations encourage compact development and discourage urban sprawl.
DCA's 2010 ORC Report suggested that the RSAOD would violate all 13 indicators of Urban Sprawl including Florida Statutes Section 163.3177(6)(a)9.a.(II): "Promotes, allows, or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while not using undeveloped lands that are available and suitable for development."
Where to find this: Florida Statutes Section 163.3177(6)(a)9.a.(II)
The RSAOD is isolated from other parts of the Urban Service Area with the exception of the small area to the west of US 17 which is part of the Urban Service Area but currently largely lacks urban services like sewer and water. This isolated piece of the Urban Service Area is isolated from the main Urban Service Area by Shell Creek and the Peace River with Rural Service Area in between.