Florida Statutes (Supplement 1994)
CHAPTER 161: BEACH AND SHORE PRESERVATION
PART I REGULATION OF CONSTRUCTION, RECONSTRUCTION, AND OTHER PHYSICAL ACTIVITY
161.021 Definitions. ---
In construing these statutes, where the context does not clearly indicate
otherwise, the word, phrase, or term:
(1) "Access" or "public access" as used in ss.
161.041, [Footnote 1] 161.052, and 161.053 means the public's right to laterally
traverse the sandy beaches of this state where such access exists on or after July 1,
1987. (1) "Access" or "public access" as used in ss.
161.041, [Footnote 1] 161.052, and 161.053 means the public's right to laterally
traverse the sandy beaches of this state where such access exists on or after July 1,
1987.
(2) "Beach and shore preservation," "erosion control,
beach preservation and hurricane protection," "beach erosion control" and
"erosion control" includes, but is not limited to, erosion control, hurricane
protection, coastal flood control, shoreline and offshore rehabilitation, and regulation
of work and activities likely to affect the physical condition of the beach or shore. (2) "Beach and shore preservation," "erosion control,
beach preservation and hurricane protection," "beach erosion control" and
"erosion control" includes, but is not limited to, erosion control, hurricane
protection, coastal flood control, shoreline and offshore rehabilitation, and regulation
of work and activities likely to affect the physical condition of the beach or shore.
(3) "Beach renourishment" means the maintenance of a restored
beach by the replacement of sand. (3) "Beach renourishment" means the maintenance of a restored
beach by the replacement of sand.
(4) "Beach restoration" means the placement of sand on an
eroded beach for the purposes of restoring it as a recreational beach and providing storm
protection for upland properties. (4) "Beach restoration" means the placement of sand on an
eroded beach for the purposes of restoring it as a recreational beach and providing storm
protection for upland properties.
(5) "Board of trustees" means the Board of Trustees of the
Internal Improvement Trust Fund. (5) "Board of trustees" means the Board of Trustees of the
Internal Improvement Trust Fund.
(6) "Coastal construction" includes any work or activity which
is likely to have a material physical effect on existing coastal conditions or natural
shore and inlet processes. (6) "Coastal construction" includes any work or activity which
is likely to have a material physical effect on existing coastal conditions or natural
shore and inlet processes.
(7) "Department" means the Department of Environmental
Protection. (7) "Department" means the Department of Environmental
Protection.
(8) "Division" means the Division of Beaches and Shores of the
Department of Environmental Protection. (8) "Division" means the Division of Beaches and Shores of the
Department of Environmental Protection.
(9) "Emergency" means any unusual incident resulting from
natural or unnatural causes which endangers the health, safety, or resources of the
residents of the state, including damages or erosion to any shoreline resulting from a
hurricane, storm, or other such violent disturbance. (9) "Emergency" means any unusual incident resulting from
natural or unnatural causes which endangers the health, safety, or resources of the
residents of the state, including damages or erosion to any shoreline resulting from a
hurricane, storm, or other such violent disturbance.
(10) "Inlet sediment bypassing" includes any transfer of
sediment from an inlet or beach to another stretch of beach for the purpose of
renourishment and beach erosion control. (10) "Inlet sediment bypassing" includes any transfer of
sediment from an inlet or beach to another stretch of beach for the purpose of
renourishment and beach erosion control.
(11) "Local government" means a county, municipality, community
development district, or independent special taxing district. History: s. 1, ch.
65-408; ss. 25, 35, ch. 69-106; s. 43, ch. 71-377; s. 1, ch. 78-257; s. 1, ch. 86-138; s.
11, ch. 87-97; s. 17, ch. 94-356. [Footnote 1] Note. Section 161.052 does
not refer to "access" or "public access." (11) "Local government" means a county, municipality, community
development district, or independent special taxing district. History: s. 1, ch.
65-408; ss. 25, 35, ch. 69-106; s. 43, ch. 71-377; s. 1, ch. 78-257; s. 1, ch. 86-138; s.
11, ch. 87-97; s. 17, ch. 94-356. [Footnote 1] Note. Section 161.052 does
not refer to "access" or "public access."
161.031 Personnel and facilities. ---
The Department of Environmental Protection may call to its assistance
temporarily, any engineer or other employee in any state agency or department or in the
University of Florida or other educational institution financed wholly or in part by the
state, for the purpose of devising the most effective and economical method of averting
and preventing erosion, hurricane, and storm damages. These employees shall not receive
additional compensation, except for actual necessary expenses incurred while working under
the direction of the Division of Marine Resources. History: s. 1, ch. 65-408; ss.
25, 35, ch. 69-106; s. 18, ch. 94-356.
161.041 Permits required. ---
(1) If any person, firm, corporation, county, municipality, township,
special district, or any public agency desires to make any coastal construction or
reconstruction or change of existing structures, or any construction or physical activity
undertaken specifically for shore protection purposes, or other structures and physical
activity including groins, jetties, moles, breakwaters, seawalls, revetments, artificial
nourishment, inlet sediment bypassing, excavation or maintenance dredging of inlet
channels, or other deposition or removal of beach material, or construction of other
structures if of a solid or highly impermeable design, upon sovereignty lands of Florida,
below the mean high-water line of any tidal water of the state, a coastal construction
permit must be obtained from the department prior to the commencement of such work. The
department may exempt interior tidal waters of the state from the permit requirements of
this section. No such development shall interfere, except during construction, with the
use by the public of any area of a beach seaward of the mean high-water line unless the
department determines such interference is unavoidable for purposes of protecting the
beach or any endangered upland structure. The department may require, as a condition to
granting permits under this section, the provision of alternative access when interference
with public access along the beach is unavoidable. The width of such alternate access may
not be required to exceed the width of the access that will be obstructed as a result of
the permit being granted. Application for coastal construction permits as defined above
shall be made to the department upon such terms and conditions as set forth by rule of the
department. Except for the deepwater ports identified in s. 403.021(9)(b), the department
shall not issue any permit for the construction of a coastal inlet jetty or the excavation
or maintenance of such an inlet if the activity authorized by the permit will have a
significant adverse impact on the sandy beaches of this state without a mitigation program
approved by the department. In evaluating the mitigation program, the department shall
take into consideration the benefits of the long-term sand management plan of the
permittee and the overall public benefits of the inlet activity. (1) If any person, firm, corporation, county, municipality, township,
special district, or any public agency desires to make any coastal construction or
reconstruction or change of existing structures, or any construction or physical activity
undertaken specifically for shore protection purposes, or other structures and physical
activity including groins, jetties, moles, breakwaters, seawalls, revetments, artificial
nourishment, inlet sediment bypassing, excavation or maintenance dredging of inlet
channels, or other deposition or removal of beach material, or construction of other
structures if of a solid or highly impermeable design, upon sovereignty lands of Florida,
below the mean high-water line of any tidal water of the state, a coastal construction
permit must be obtained from the department prior to the commencement of such work. The
department may exempt interior tidal waters of the state from the permit requirements of
this section. No such development shall interfere, except during construction, with the
use by the public of any area of a beach seaward of the mean high-water line unless the
department determines such interference is unavoidable for purposes of protecting the
beach or any endangered upland structure. The department may require, as a condition to
granting permits under this section, the provision of alternative access when interference
with public access along the beach is unavoidable. The width of such alternate access may
not be required to exceed the width of the access that will be obstructed as a result of
the permit being granted. Application for coastal construction permits as defined above
shall be made to the department upon such terms and conditions as set forth by rule of the
department. Except for the deepwater ports identified in s. 403.021(9)(b), the department
shall not issue any permit for the construction of a coastal inlet jetty or the excavation
or maintenance of such an inlet if the activity authorized by the permit will have a
significant adverse impact on the sandy beaches of this state without a mitigation program
approved by the department. In evaluating the mitigation program, the department shall
take into consideration the benefits of the long-term sand management plan of the
permittee and the overall public benefits of the inlet activity.
(2) The department may authorize an excavation or erection of a structure
at any coastal location upon receipt of an application from a property or riparian owner
and upon consideration of facts and circumstances, including: (2) The department may authorize an excavation or erection of a structure
at any coastal location upon receipt of an application from a property or riparian owner
and upon consideration of facts and circumstances, including:
(a) Adequate engineering data concerning inlet and shoreline stability
and storm tides related to shoreline topography; (a) Adequate engineering data concerning inlet and shoreline stability
and storm tides related to shoreline topography;
(b) Design features of the proposed structures or activities; and (b) Design features of the proposed structures or activities; and
(c) Potential impacts of the location of such structures or activities,
including potential cumulative effects of any proposed structures or activities upon such
beach-dune system or coastal inlet, which, in the opinion of the department, clearly
justify such a permit. (c) Potential impacts of the location of such structures or activities,
including potential cumulative effects of any proposed structures or activities upon such
beach-dune system or coastal inlet, which, in the opinion of the department, clearly
justify such a permit.
(3) The department may require such engineer certifications as necessary
to assure the adequacy of the design and construction of permitted projects. (3) The department may require such engineer certifications as necessary
to assure the adequacy of the design and construction of permitted projects.
(4) The department may, as a condition to the granting of a permit under
this section, require mitigation, financial, or other assurances acceptable to the
department as may be necessary to assure performance of conditions of a permit or enter
into contractual agreements to best assure compliance with any permit conditions. The
department may also require notice of the permit conditions required and the contractual
agreements entered into pursuant to the provisions of this subsection to be filed in the
public records of the county in which the permitted activity is located. History:
s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 2, ch. 78-257; s. 1, ch. 83-247; s. 12, ch.
87-97; s. 19, ch. 94-356. (4) The department may, as a condition to the granting of a permit under
this section, require mitigation, financial, or other assurances acceptable to the
department as may be necessary to assure performance of conditions of a permit or enter
into contractual agreements to best assure compliance with any permit conditions. The
department may also require notice of the permit conditions required and the contractual
agreements entered into pursuant to the provisions of this subsection to be filed in the
public records of the county in which the permitted activity is located. History:
s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 2, ch. 78-257; s. 1, ch. 83-247; s. 12, ch.
87-97; s. 19, ch. 94-356.
161.042 Coastal construction and excavation in barrier
beach inlets. ---
The department is authorized to direct any person, or any public body or agency,
responsible for the excavation of sandy sediment as a result of any activity conducted to
maintain navigable depths within or immediately adjacent to any coastal barrier beach
inlet within sovereignty lands, after the department considers any limitations under
chapters 253 and 403 on the deposition of spoil material from the excavation, and upon
issuance of water quality certification by the department, to use such sediment for beach
nourishment as prescribed by the division. For any construction or excavation within or
immediately contiguous to any coastal barrier beach inlet which has been permitted
pursuant to s. 161.041, the department may require the permittee to supply beach profiles
and conduct hydrographic monitoring of the impacted area.History: s. 3, ch. 78-257;
s. 1, ch. 80-183; s. 20, ch. 94-356.
161.052 Coastal construction and excavation;
regulation. ---
(1) No person, firm, corporation, municipality, county, or other public
agency shall excavate or construct any dwelling house, hotel, motel, apartment building,
seawall, revetment, or other structure incidental to or related to such structure,
including but not limited to such attendant structures or facilities as a patio, swimming
pool, or garage, within 50 feet of the line of mean high water at any riparian coastal
location fronting the Gulf of Mexico or Atlantic coast shoreline of the state, exclusive
of bays, inlets, rivers, bayous, creeks, passes, and the like. In areas where an erosion
control line has been established under the provisions of ss. 161.141-161.211, that line,
or the presently existing mean high-water line, whichever is more landward, shall be
considered to be the mean high-water line for the purposes of this section. (1) No person, firm, corporation, municipality, county, or other public
agency shall excavate or construct any dwelling house, hotel, motel, apartment building,
seawall, revetment, or other structure incidental to or related to such structure,
including but not limited to such attendant structures or facilities as a patio, swimming
pool, or garage, within 50 feet of the line of mean high water at any riparian coastal
location fronting the Gulf of Mexico or Atlantic coast shoreline of the state, exclusive
of bays, inlets, rivers, bayous, creeks, passes, and the like. In areas where an erosion
control line has been established under the provisions of ss. 161.141-161.211, that line,
or the presently existing mean high-water line, whichever is more landward, shall be
considered to be the mean high-water line for the purposes of this section.
(2) A waiver or variance of the setback requirements may be authorized by
the department in the following circumstances: (2) A waiver or variance of the setback requirements may be authorized by
the department in the following circumstances:
(a) The department may authorize an excavation or erection of a structure
at any riparian coastal location as described in subsection (1) upon receipt of an
application from a riparian owner and upon the consideration of facts and circumstances,
including adequate engineering data concerning shoreline stability and storm tides related
to shoreline topography, which, in the opinion of the department, clearly and
unequivocally justify such a waiver or variance. (a) The department may authorize an excavation or erection of a structure
at any riparian coastal location as described in subsection (1) upon receipt of an
application from a riparian owner and upon the consideration of facts and circumstances,
including adequate engineering data concerning shoreline stability and storm tides related
to shoreline topography, which, in the opinion of the department, clearly and
unequivocally justify such a waiver or variance.
(b) If in the immediate contiguous or adjacent area a number of existing
structures have established a reasonably continuous and uniform construction line closer
to the line of mean high water than the foregoing, and if said existing structures have
not been unduly affected by erosion, a proposed structure may be permitted along such line
on written authorization from the department if such proposed structure is also approved
by the department. However, the department shall not contravene setback requirements
established by a county or municipality which are equal to, or more strict than, those
setback requirements provided herein. (b) If in the immediate contiguous or adjacent area a number of existing
structures have established a reasonably continuous and uniform construction line closer
to the line of mean high water than the foregoing, and if said existing structures have
not been unduly affected by erosion, a proposed structure may be permitted along such line
on written authorization from the department if such proposed structure is also approved
by the department. However, the department shall not contravene setback requirements
established by a county or municipality which are equal to, or more strict than, those
setback requirements provided herein.
(c) The department may authorize the construction of pipelines or piers
extending outward from the shoreline, unless it determines that the construction of such
projects would cause erosion of the beach in the area of such structures. (c) The department may authorize the construction of pipelines or piers
extending outward from the shoreline, unless it determines that the construction of such
projects would cause erosion of the beach in the area of such structures.
(3) The provisions of this section shall not apply to structures intended
for shore protection purposes which are regulated by s. 161.041 or to structures existing
or under construction on June 27, 1970. (3) The provisions of this section shall not apply to structures intended
for shore protection purposes which are regulated by s. 161.041 or to structures existing
or under construction on June 27, 1970.
(4) The department may by regulation exempt specifically described
portions of the coastline from the provisions of this section whenever in its judgment
such portions of coastline, because of their nature, are not subject to erosion of a
substantially damaging effect to the public. (4) The department may by regulation exempt specifically described
portions of the coastline from the provisions of this section whenever in its judgment
such portions of coastline, because of their nature, are not subject to erosion of a
substantially damaging effect to the public.
(5) The setback requirements as defined herein shall not apply to any
riparian coastal locations fronting the Atlantic Ocean or Gulf of Mexico which have
vegetation-type nonsandy shores. (5) The setback requirements as defined herein shall not apply to any
riparian coastal locations fronting the Atlantic Ocean or Gulf of Mexico which have
vegetation-type nonsandy shores.
(6) The setback requirements defined in subsection (1) shall not apply to
any modification, maintenance, or repair to any existing structure within limits of the
existing foundation which does not require, involve, or include any additions to, or
repair or modification of, the existing foundation of that structure. Specifically
excluded from this exemption are seawalls and any additions or enclosures added,
constructed, or installed below the first dwelling floor or lowest deck of the existing
structure. (6) The setback requirements defined in subsection (1) shall not apply to
any modification, maintenance, or repair to any existing structure within limits of the
existing foundation which does not require, involve, or include any additions to, or
repair or modification of, the existing foundation of that structure. Specifically
excluded from this exemption are seawalls and any additions or enclosures added,
constructed, or installed below the first dwelling floor or lowest deck of the existing
structure.
(7) Any coastal structure erected, or excavation created, in violation of
the provisions of this section is hereby declared to be a public nuisance, and such
structure shall be forthwith removed or such excavation refilled after written notice by
the department directing such removal or filling. In the event that the structure is not
removed or the excavation refilled as directed within a reasonable time, the department
may remove such structure or fill such excavation at its own expense. The cost thereof
shall become a lien upon the property of the upland owner upon which such unauthorized
structure or excavation is located. (7) Any coastal structure erected, or excavation created, in violation of
the provisions of this section is hereby declared to be a public nuisance, and such
structure shall be forthwith removed or such excavation refilled after written notice by
the department directing such removal or filling. In the event that the structure is not
removed or the excavation refilled as directed within a reasonable time, the department
may remove such structure or fill such excavation at its own expense. The cost thereof
shall become a lien upon the property of the upland owner upon which such unauthorized
structure or excavation is located.
(8) Any person violating any provision of this section is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.083. Such person shall
be deemed guilty of a separate offense for each month during any portion of which any
violation of this section is committed or continued. (8) Any person violating any provision of this section is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.083. Such person shall
be deemed guilty of a separate offense for each month during any portion of which any
violation of this section is committed or continued.
(9) The secretary of the department may make recommendations to the Board
of Trustees of the Internal Improvement Trust Fund concerning the purchase of the fee or
any lesser interest in any lands seaward of the setback requirement as environmentally
endangered lands or as outdoor recreation lands. (9) The secretary of the department may make recommendations to the Board
of Trustees of the Internal Improvement Trust Fund concerning the purchase of the fee or
any lesser interest in any lands seaward of the setback requirement as environmentally
endangered lands or as outdoor recreation lands.
(10) A coastal county or municipality fronting on the Gulf of Mexico or
the Atlantic Ocean shall advise the department within 5 days after receipt of any permit
application for construction or other activities proposed to be located within 50 feet of
the line of mean high water. Within 5 days after receipt of such application, the county
or municipality shall notify the applicant of the requirements for state permits. History:
s. 1, ch. 70-231; s. 82, ch. 71-136; s. 1, ch. 75-87; s. 4, ch. 78-257; s. 2, ch. 80-183;
s. 66, ch. 81-259; s. 21, ch. 94-356. (10) A coastal county or municipality fronting on the Gulf of Mexico or
the Atlantic Ocean shall advise the department within 5 days after receipt of any permit
application for construction or other activities proposed to be located within 50 feet of
the line of mean high water. Within 5 days after receipt of such application, the county
or municipality shall notify the applicant of the requirements for state permits. History:
s. 1, ch. 70-231; s. 82, ch. 71-136; s. 1, ch. 75-87; s. 4, ch. 78-257; s. 2, ch. 80-183;
s. 66, ch. 81-259; s. 21, ch. 94-356.
161.053 Coastal construction and excavation;
regulation on county basis. ---
(1)
(a) The Legislature finds and declares that the
beaches in this state and the coastal barrier dunes adjacent to such beaches, by their
nature, are subject to frequent and severe fluctuations and represent one of the most
valuable natural resources of Florida and that it is in the public interest to preserve
and protect them from imprudent construction which can jeopardize the stability of the
beach-dune system, accelerate erosion, provide inadequate protection to upland structures,
endanger adjacent properties, or interfere with public beach access. In furtherance of
these findings, it is the intent of the Legislature to provide that the department
establish coastal construction control lines on a county basis along the sand beaches of
the state fronting on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida.
Such lines shall be established so as to define that portion of the beach-dune system
which is subject to severe fluctuations based on a 100-year storm surge, storm waves, or
other predictable weather conditions. However, the department may establish a segment or
segments of a coastal construction control line further landward than the impact zone of a
100-year storm surge, provided such segment or segments do not extend beyond the landward
toe of the coastal barrier dune structure that intercepts the 100-year storm surge. Such
segment or segments shall not be established if adequate dune protection is provided by a
state-approved dune management plan. Special siting and design considerations shall be
necessary seaward of established coastal construction control lines to ensure the
protection of the beach-dune system, proposed or existing structures, and adjacent
properties and the preservation of public beach access. (a) The Legislature finds and declares that the
beaches in this state and the coastal barrier dunes adjacent to such beaches, by their
nature, are subject to frequent and severe fluctuations and represent one of the most
valuable natural resources of Florida and that it is in the public interest to preserve
and protect them from imprudent construction which can jeopardize the stability of the
beach-dune system, accelerate erosion, provide inadequate protection to upland structures,
endanger adjacent properties, or interfere with public beach access. In furtherance of
these findings, it is the intent of the Legislature to provide that the department
establish coastal construction control lines on a county basis along the sand beaches of
the state fronting on the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida.
Such lines shall be established so as to define that portion of the beach-dune system
which is subject to severe fluctuations based on a 100-year storm surge, storm waves, or
other predictable weather conditions. However, the department may establish a segment or
segments of a coastal construction control line further landward than the impact zone of a
100-year storm surge, provided such segment or segments do not extend beyond the landward
toe of the coastal barrier dune structure that intercepts the 100-year storm surge. Such
segment or segments shall not be established if adequate dune protection is provided by a
state-approved dune management plan. Special siting and design considerations shall be
necessary seaward of established coastal construction control lines to ensure the
protection of the beach-dune system, proposed or existing structures, and adjacent
properties and the preservation of public beach access.
(b) As used in this subsection: 1. When
establishing coastal construction control lines as provided in this section, the
definition of "sand beach" shall be expanded to include coastal barrier island
ends contiguous to the sand beaches of the state fronting on the Atlantic Ocean, the Gulf
of Mexico, or the Straits of Florida. 2. "Coastal barrier island ends"
means those areas on the ends of barrier islands fronting the Atlantic Ocean, the Gulf of
Mexico, or the Straits of Florida, which are subject to severe fluctuations based on a
100-year storm surge, storm waves, or other predictable weather conditions. 3.
"Coastal barrier islands" means geological features which are completely
surrounded by marine waters that front upon the open waters of the Atlantic Ocean, the
Gulf of Mexico, or the Straits of Florida and are composed of quartz sands, clays,
limestone, oolites, rock, coral, coquina, sediment, or other material, including spoil
disposal, which features lie above the line of mean high water. Mainland areas which were
separated from the mainland by artificial channelization for the purpose of assisting
marine commerce shall not be considered coastal barrier islands. (b) As used in this subsection: 1. When
establishing coastal construction control lines as provided in this section, the
definition of "sand beach" shall be expanded to include coastal barrier island
ends contiguous to the sand beaches of the state fronting on the Atlantic Ocean, the Gulf
of Mexico, or the Straits of Florida. 2. "Coastal barrier island ends"
means those areas on the ends of barrier islands fronting the Atlantic Ocean, the Gulf of
Mexico, or the Straits of Florida, which are subject to severe fluctuations based on a
100-year storm surge, storm waves, or other predictable weather conditions. 3.
"Coastal barrier islands" means geological features which are completely
surrounded by marine waters that front upon the open waters of the Atlantic Ocean, the
Gulf of Mexico, or the Straits of Florida and are composed of quartz sands, clays,
limestone, oolites, rock, coral, coquina, sediment, or other material, including spoil
disposal, which features lie above the line of mean high water. Mainland areas which were
separated from the mainland by artificial channelization for the purpose of assisting
marine commerce shall not be considered coastal barrier islands.
(c) Coastal construction control lines shall be set on coastal barrier
island ends only in conjunction with the resetting of the coastal construction control
line throughout the entire county within which the barrier island end is located, and
shall not be established on reaches of coastal barrier island ends where the shore is
vegetated with mangroves. (c) Coastal construction control lines shall be set on coastal barrier
island ends only in conjunction with the resetting of the coastal construction control
line throughout the entire county within which the barrier island end is located, and
shall not be established on reaches of coastal barrier island ends where the shore is
vegetated with mangroves.
(2) Coastal construction control lines shall be
established by the department only after it has been determined from a comprehensive
engineering study and topographic survey that the establishment of such control lines is
necessary for the protection of upland properties and the control of beach erosion. No
such line shall be set until a public hearing has been held in each affected county. After
the department has given consideration to the results of such public hearing, it shall,
after considering ground elevations in relation to historical storm and hurricane tides,
predicted maximum wave uprush, beach and offshore ground contours, the vegetation line,
erosion trends, the dune or bluff line, if any exist, and existing upland development, set
and establish a coastal construction control line and cause such line to be duly filed in
the public records of any county affected and shall furnish the clerk of the circuit court
in each county affected a survey of such line with references made to permanently
installed monuments at such intervals and locations as may be considered necessary.
However, no coastal construction control line shall be set until a public hearing has been
held by the department and the affected persons have an opportunity to appear. The hearing
shall constitute a public hearing and shall satisfy all requirements for a public hearing
pursuant to s. 120.54(3). The hearing shall be noticed in the Florida
Administrative Weekly in the same manner as a rule. Any coastal construction control line
adopted pursuant to this section shall not be subject to a s. 120.54(4) rule challenge or
a s. 120.54(17) drawout proceeding, but, once adopted, shall be subject to a s. 120.56
invalidity challenge. The rule shall be adopted by the department and shall become
effective upon filing with the Department of State, notwithstanding the provisions of s.
120.54(13). Upon such filing with the Department of State, no person, firm, corporation,
or governmental agency shall construct any structure whatsoever seaward thereof; make any
excavation, remove any beach material, or otherwise alter existing ground elevations;
drive any vehicle on, over, or across any sand dune; or damage or cause to be damaged such
sand dune or the vegetation growing thereon seaward thereof, except as hereinafter
provided. Control lines established under the provisions of this section shall be subject
to review at the discretion of the department after consideration of hydrographic and
topographic data that indicate shoreline changes that render established coastal
construction control lines to be ineffective for the purposes of this act or at the
written request of officials of affected counties or municipalities. Any riparian upland
owner who feels that such line as established is unduly restrictive or prevents a
legitimate use of his property shall be granted a review of the line upon written request.
After such review, the department shall decide if a change in the control line as
established is justified and shall so notify the person or persons making the request. The
decision of the department shall be subject to judicial review as provided in chapter 120.
(2) Coastal construction control lines shall be
established by the department only after it has been determined from a comprehensive
engineering study and topographic survey that the establishment of such control lines is
necessary for the protection of upland properties and the control of beach erosion. No
such line shall be set until a public hearing has been held in each affected county. After
the department has given consideration to the results of such public hearing, it shall,
after considering ground elevations in relation to historical storm and hurricane tides,
predicted maximum wave uprush, beach and offshore ground contours, the vegetation line,
erosion trends, the dune or bluff line, if any exist, and existing upland development, set
and establish a coastal construction control line and cause such line to be duly filed in
the public records of any county affected and shall furnish the clerk of the circuit court
in each county affected a survey of such line with references made to permanently
installed monuments at such intervals and locations as may be considered necessary.
However, no coastal construction control line shall be set until a public hearing has been
held by the department and the affected persons have an opportunity to appear. The hearing
shall constitute a public hearing and shall satisfy all requirements for a public hearing
pursuant to s. 120.54(3). The hearing shall be noticed in the Florida
Administrative Weekly in the same manner as a rule. Any coastal construction control line
adopted pursuant to this section shall not be subject to a s. 120.54(4) rule challenge or
a s. 120.54(17) drawout proceeding, but, once adopted, shall be subject to a s. 120.56
invalidity challenge. The rule shall be adopted by the department and shall become
effective upon filing with the Department of State, notwithstanding the provisions of s.
120.54(13). Upon such filing with the Department of State, no person, firm, corporation,
or governmental agency shall construct any structure whatsoever seaward thereof; make any
excavation, remove any beach material, or otherwise alter existing ground elevations;
drive any vehicle on, over, or across any sand dune; or damage or cause to be damaged such
sand dune or the vegetation growing thereon seaward thereof, except as hereinafter
provided. Control lines established under the provisions of this section shall be subject
to review at the discretion of the department after consideration of hydrographic and
topographic data that indicate shoreline changes that render established coastal
construction control lines to be ineffective for the purposes of this act or at the
written request of officials of affected counties or municipalities. Any riparian upland
owner who feels that such line as established is unduly restrictive or prevents a
legitimate use of his property shall be granted a review of the line upon written request.
After such review, the department shall decide if a change in the control line as
established is justified and shall so notify the person or persons making the request. The
decision of the department shall be subject to judicial review as provided in chapter 120.
(3) It is the intent of the Legislature that any coastal construction
control line that has not been updated since June 30, 1980, shall be considered a critical
priority for reestablishment by the department. In keeping with this intent, the
department shall notify the Legislature if all such lines cannot be reestablished by
December 31, 1993, so that the Legislature may subsequently consider interim lines of
jurisdiction for the remaining counties. (3) It is the intent of the Legislature that any coastal construction
control line that has not been updated since June 30, 1980, shall be considered a critical
priority for reestablishment by the department. In keeping with this intent, the
department shall notify the Legislature if all such lines cannot be reestablished by
December 31, 1993, so that the Legislature may subsequently consider interim lines of
jurisdiction for the remaining counties.
(4) Any coastal county or coastal municipality may establish coastal
construction zoning and building codes in lieu of the provisions of this section, provided
such zones and codes are approved by the department as being adequate to preserve and
protect the beaches and coastal barrier dunes adjacent to such beaches which are under the
jurisdiction of the department from imprudent construction that will jeopardize the
stability of the beach-dune system, accelerate erosion, provide inadequate protection to
upland structures, endanger adjacent properties, or interfere with public beach access.
Exceptions to locally established coastal construction zoning and building codes shall not
be granted unless previously approved by the department. It is the intent of this
subsection to provide for local administration of established coastal construction control
lines through approved zoning and building codes where desired by local interests and
where such local interests have, in the judgment of the department, sufficient funds and
personnel to adequately administer the program. Should the department determine at any
time that the program is inadequately administered, the department shall have authority to
revoke the authority granted to the county or municipality. (4) Any coastal county or coastal municipality may establish coastal
construction zoning and building codes in lieu of the provisions of this section, provided
such zones and codes are approved by the department as being adequate to preserve and
protect the beaches and coastal barrier dunes adjacent to such beaches which are under the
jurisdiction of the department from imprudent construction that will jeopardize the
stability of the beach-dune system, accelerate erosion, provide inadequate protection to
upland structures, endanger adjacent properties, or interfere with public beach access.
Exceptions to locally established coastal construction zoning and building codes shall not
be granted unless previously approved by the department. It is the intent of this
subsection to provide for local administration of established coastal construction control
lines through approved zoning and building codes where desired by local interests and
where such local interests have, in the judgment of the department, sufficient funds and
personnel to adequately administer the program. Should the department determine at any
time that the program is inadequately administered, the department shall have authority to
revoke the authority granted to the county or municipality.
(5) Except in those areas where local zoning and building codes have been
established pursuant to subsection (4), a permit to alter, excavate, or construct on
property seaward of established coastal construction control lines may be granted by the
department as follows: (5) Except in those areas where local zoning and building codes have been
established pursuant to subsection (4), a permit to alter, excavate, or construct on
property seaward of established coastal construction control lines may be granted by the
department as follows:
(a) The department may authorize an excavation or erection of a structure
at any coastal location as described in subsection (1) upon receipt of an application from
a property and/or riparian owner and upon the consideration of facts and circumstances,
including: 1. Adequate engineering data concerning shoreline stability and storm
tides related to shoreline topography; 2. Design features of the proposed
structures or activities; and 3. Potential impacts of the location of such
structures or activities, including potential cumulative effects of any proposed
structures or activities upon such beach-dune system, which, in the opinion of the
department, clearly justify such a permit. (a) The department may authorize an excavation or erection of a structure
at any coastal location as described in subsection (1) upon receipt of an application from
a property and/or riparian owner and upon the consideration of facts and circumstances,
including: 1. Adequate engineering data concerning shoreline stability and storm
tides related to shoreline topography; 2. Design features of the proposed
structures or activities; and 3. Potential impacts of the location of such
structures or activities, including potential cumulative effects of any proposed
structures or activities upon such beach-dune system, which, in the opinion of the
department, clearly justify such a permit.
(b) If in the immediate contiguous or adjacent area a number of existing
structures have established a reasonably continuous and uniform construction line closer
to the line of mean high water than the foregoing, and if the existing structures have not
been unduly affected by erosion, a proposed structure may, at the discretion of the
department, be permitted along such line on written authorization from the department if
such structure is also approved by the department. However, the department shall not
contravene setback requirements or zoning or building codes established by a county or
municipality which are equal to, or more strict than, those requirements provided herein.
This paragraph does not prohibit the department from requiring structures to meet design
and siting criteria established in paragraph (a) or in subsection (1) or subsection (2). (b) If in the immediate contiguous or adjacent area a number of existing
structures have established a reasonably continuous and uniform construction line closer
to the line of mean high water than the foregoing, and if the existing structures have not
been unduly affected by erosion, a proposed structure may, at the discretion of the
department, be permitted along such line on written authorization from the department if
such structure is also approved by the department. However, the department shall not
contravene setback requirements or zoning or building codes established by a county or
municipality which are equal to, or more strict than, those requirements provided herein.
This paragraph does not prohibit the department from requiring structures to meet design
and siting criteria established in paragraph (a) or in subsection (1) or subsection (2).
(c) The department may condition the nature, timing, and sequence of
construction of permitted activities to provide protection to nesting sea turtles and
hatchlings and their habitat, pursuant to s. 370.12, and to native salt-resistant
vegetation and endangered plant communities. (c) The department may condition the nature, timing, and sequence of
construction of permitted activities to provide protection to nesting sea turtles and
hatchlings and their habitat, pursuant to s. 370.12, and to native salt-resistant
vegetation and endangered plant communities.
(d) The department may require such engineer certifications as necessary
to assure the adequacy of the design and construction of permitted projects. (d) The department may require such engineer certifications as necessary
to assure the adequacy of the design and construction of permitted projects.
(e) The department shall limit the construction of structures which
interfere with public access along the beach. However, the department may require, as a
condition to granting permits, the provision of alternative access when interference with
public access along the beach is unavoidable. The width of such alternate access may not
be required to exceed the width of the access that will be obstructed as a result of the
permit being granted. (e) The department shall limit the construction of structures which
interfere with public access along the beach. However, the department may require, as a
condition to granting permits, the provision of alternative access when interference with
public access along the beach is unavoidable. The width of such alternate access may not
be required to exceed the width of the access that will be obstructed as a result of the
permit being granted.
(f) The department may, as a condition to the granting of a permit under
this section, require mitigation, financial, or other assurances acceptable to the
department as may be necessary to assure performance of conditions of a permit or enter
into contractual agreements to best assure compliance with any permit conditions. The
department may also require notice of the permit conditions required and the contractual
agreements entered into pursuant to the provisions of this subsection to be filed in the
public records of the county in which the permitted activity is located. (f) The department may, as a condition to the granting of a permit under
this section, require mitigation, financial, or other assurances acceptable to the
department as may be necessary to assure performance of conditions of a permit or enter
into contractual agreements to best assure compliance with any permit conditions. The
department may also require notice of the permit conditions required and the contractual
agreements entered into pursuant to the provisions of this subsection to be filed in the
public records of the county in which the permitted activity is located.
(6)
(a) As used in this subsection: 1. "Frontal dune" means
the first natural or manmade mound or bluff of sand which is located landward of the beach
and which has sufficient vegetation, height, continuity, and configuration to offer
protective value. 2. "Seasonal high-water line" means the line formed by
the intersection of the rising shore and the elevation of 150 percent of the local mean
tidal range above local mean high water. (a) As used in this subsection: 1. "Frontal dune" means
the first natural or manmade mound or bluff of sand which is located landward of the beach
and which has sufficient vegetation, height, continuity, and configuration to offer
protective value. 2. "Seasonal high-water line" means the line formed by
the intersection of the rising shore and the elevation of 150 percent of the local mean
tidal range above local mean high water.
(b) After October 1, 1985, and notwithstanding any other provision of
this part, the department, or a local government to which the department has delegated
permitting authority pursuant to subsections (4) and (16), shall not issue any permit for
any structure, other than a coastal or shore protection structure, minor structure, or
pier, meeting the requirements of this part, or other than intake and discharge structures
for a facility sited pursuant to part II of chapter 403, which is proposed for a location
which, based on the department's projections of erosion in the area, will be seaward of
the seasonal high-water line within 30 years after the date of application for such
permit. The procedures for determining such erosion shall be established by rule. In
determining the area which will be seaward of the seasonal high-water line in 30 years,
the department shall not include any areas landward of a coastal construction control
line. (b) After October 1, 1985, and notwithstanding any other provision of
this part, the department, or a local government to which the department has delegated
permitting authority pursuant to subsections (4) and (16), shall not issue any permit for
any structure, other than a coastal or shore protection structure, minor structure, or
pier, meeting the requirements of this part, or other than intake and discharge structures
for a facility sited pursuant to part II of chapter 403, which is proposed for a location
which, based on the department's projections of erosion in the area, will be seaward of
the seasonal high-water line within 30 years after the date of application for such
permit. The procedures for determining such erosion shall be established by rule. In
determining the area which will be seaward of the seasonal high-water line in 30 years,
the department shall not include any areas landward of a coastal construction control
line.
(c) Where the application of paragraph (b) would preclude the
construction of a structure, the department may issue a permit for a single-family
dwelling for the parcel so long as: 1. The parcel for which the single-family
dwelling is proposed was platted or subdivided by metes and bounds before the effective
date of this section; 2. The owner of the parcel for which the single-family
dwelling is proposed does not own another parcel immediately adjacent to and landward of
the parcel for which the dwelling is proposed; 3. The proposed single-family
dwelling is located landward of the frontal dune structure; and 4. The proposed
single-family dwelling will be as far landward on its parcel as is practicable without
being located seaward of or on the frontal dune. (c) Where the application of paragraph (b) would preclude the
construction of a structure, the department may issue a permit for a single-family
dwelling for the parcel so long as: 1. The parcel for which the single-family
dwelling is proposed was platted or subdivided by metes and bounds before the effective
date of this section; 2. The owner of the parcel for which the single-family
dwelling is proposed does not own another parcel immediately adjacent to and landward of
the parcel for which the dwelling is proposed; 3. The proposed single-family
dwelling is located landward of the frontal dune structure; and 4. The proposed
single-family dwelling will be as far landward on its parcel as is practicable without
being located seaward of or on the frontal dune.
(d) In determining the land areas which will be below the seasonal
high-water line within 30 years after the permit application date, the department shall
consider the impact on the erosion rates of an existing beach renourishment or restoration
project or of a beach renourishment or restoration project for which all funding
arrangements have been made and all permits have been issued at the time the application
is submitted. The department shall consider each year there is sand seaward of the erosion
control line that no erosion took place that year. However, the seaward extent of the
beach renourishment or restoration project beyond the erosion control line shall not be
considered in determining the applicable erosion rates. Nothing in this subsection shall
prohibit the department from requiring structures to meet criteria established in
subsection (1), subsection (2), or subsection (5) or to be further landward than required
by this subsection based on the criteria established in subsection (1), subsection (2), or
subsection (5). (d) In determining the land areas which will be below the seasonal
high-water line within 30 years after the permit application date, the department shall
consider the impact on the erosion rates of an existing beach renourishment or restoration
project or of a beach renourishment or restoration project for which all funding
arrangements have been made and all permits have been issued at the time the application
is submitted. The department shall consider each year there is sand seaward of the erosion
control line that no erosion took place that year. However, the seaward extent of the
beach renourishment or restoration project beyond the erosion control line shall not be
considered in determining the applicable erosion rates. Nothing in this subsection shall
prohibit the department from requiring structures to meet criteria established in
subsection (1), subsection (2), or subsection (5) or to be further landward than required
by this subsection based on the criteria established in subsection (1), subsection (2), or
subsection (5).
(e) The department shall annually report to the Legislature the status of
this program, including any changes to the previously adopted procedures for determining
erosion projections. (e) The department shall annually report to the Legislature the status of
this program, including any changes to the previously adopted procedures for determining
erosion projections.
(7) Any coastal structure erected, or excavation created, in violation of
the provisions of this section is hereby declared to be a public nuisance; and such
structure shall be forthwith removed or such excavation shall be forthwith refilled after
written notice by the department directing such removal or filling. In the event the
structure is not removed or the excavation refilled within a reasonable time as directed,
the department may remove such structure or fill such excavation at its own expense; and
the costs thereof shall become a lien upon the property of the upland owner upon which
such unauthorized structure or excavation is located. (7) Any coastal structure erected, or excavation created, in violation of
the provisions of this section is hereby declared to be a public nuisance; and such
structure shall be forthwith removed or such excavation shall be forthwith refilled after
written notice by the department directing such removal or filling. In the event the
structure is not removed or the excavation refilled within a reasonable time as directed,
the department may remove such structure or fill such excavation at its own expense; and
the costs thereof shall become a lien upon the property of the upland owner upon which
such unauthorized structure or excavation is located.
(8) Any person, firm, corporation, or agent thereof who violates this
section is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083; except that a person driving any vehicle on, over, or across any
sand dune and damaging or causing to be damaged such sand dune or the vegetation growing
thereon in violation of this section is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083. A person, firm, corporation, or agent
thereof shall be deemed guilty of a separate offense for each day during any portion of
which any violation of this section is committed or continued. (8) Any person, firm, corporation, or agent thereof who violates this
section is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083; except that a person driving any vehicle on, over, or across any
sand dune and damaging or causing to be damaged such sand dune or the vegetation growing
thereon in violation of this section is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083. A person, firm, corporation, or agent
thereof shall be deemed guilty of a separate offense for each day during any portion of
which any violation of this section is committed or continued.
(9) The provisions of this section do not apply to structures intended
for shore protection purposes which are regulated by s. 161.041 or to structures existing
or under construction prior to the establishment of the coastal construction control line
as provided herein, provided such structures may not be materially altered except as
provided in subsection (5). Except for structures that have been materially altered,
structures determined to be under construction at the time of the establishment or
reestablishment of the coastal construction control line shall be exempt from the
provisions of this section. However, unless such an exemption has been judicially
confirmed to exist prior to April 10, 1992, the exemption shall last only for a period of
3 years from either the date of the determination of the exemption or April 10, 1992,
whichever occurs later. The department may extend the exemption period for structures that
require longer periods for completion of their construction, provided that construction
during the initial exemption period has been continuous. For purposes of this subsection,
"continuous" means following a reasonable sequence of construction without
significant or unreasonable periods of work stoppage. (9) The provisions of this section do not apply to structures intended
for shore protection purposes which are regulated by s. 161.041 or to structures existing
or under construction prior to the establishment of the coastal construction control line
as provided herein, provided such structures may not be materially altered except as
provided in subsection (5). Except for structures that have been materially altered,
structures determined to be under construction at the time of the establishment or
reestablishment of the coastal construction control line shall be exempt from the
provisions of this section. However, unless such an exemption has been judicially
confirmed to exist prior to April 10, 1992, the exemption shall last only for a period of
3 years from either the date of the determination of the exemption or April 10, 1992,
whichever occurs later. The department may extend the exemption period for structures that
require longer periods for completion of their construction, provided that construction
during the initial exemption period has been continuous. For purposes of this subsection,
"continuous" means following a reasonable sequence of construction without
significant or unreasonable periods of work stoppage.
(10) The department may by regulation exempt specifically described
portions of the coastline from the provisions of this section when in its judgment such
portions of coastline because of their nature are not subject to erosion of a
substantially damaging effect to the public. (10) The department may by regulation exempt specifically described
portions of the coastline from the provisions of this section when in its judgment such
portions of coastline because of their nature are not subject to erosion of a
substantially damaging effect to the public.
(11) Pending the establishment of coastal construction control lines as
provided herein, the provisions of s. 161.052 shall remain in force. However, upon the
establishment of coastal construction control lines, or the establishment of coastal
construction zoning and building codes as provided in subsection (4), the provisions of s.
161.052 shall be superseded by the provisions of this section. (11) Pending the establishment of coastal construction control lines as
provided herein, the provisions of s. 161.052 shall remain in force. However, upon the
establishment of coastal construction control lines, or the establishment of coastal
construction zoning and building codes as provided in subsection (4), the provisions of s.
161.052 shall be superseded by the provisions of this section.
(12) The coastal construction control requirements defined in subsection
(1) and the requirements of the erosion projections pursuant to subsection (6) do not
apply to any modification, maintenance, or repair to any existing structure within the
limits of the existing foundation which does not require, involve, or include any
additions to, or repair or modification of, the existing foundation of that structure.
Specifically excluded from this exemption are seawalls or other rigid coastal or shore
protection structures and any additions or enclosures added, constructed, or installed
below the first dwelling floor or lowest deck of the existing structure. (12) The coastal construction control requirements defined in subsection
(1) and the requirements of the erosion projections pursuant to subsection (6) do not
apply to any modification, maintenance, or repair to any existing structure within the
limits of the existing foundation which does not require, involve, or include any
additions to, or repair or modification of, the existing foundation of that structure.
Specifically excluded from this exemption are seawalls or other rigid coastal or shore
protection structures and any additions or enclosures added, constructed, or installed
below the first dwelling floor or lowest deck of the existing structure.
(13)
(a) Notwithstanding the coastal construction control requirements defined
in subsection (1) or the erosion projection determined pursuant to subsection (6), the
department may, at its discretion, issue a permit for the repair or rebuilding within the
confines of the original foundation of a major structure pursuant to the provisions of
subsection (5). Alternatively, the department may also, at its discretion, issue a permit
for a more landward relocation or rebuilding of a damaged or existing structure if such
relocation or rebuilding would not cause further harm to the beach-dune system, and if, in
the case of rebuilding, such rebuilding complies with the provisions of subsection (5),
and otherwise complies with the provisions of this subsection. (a) Notwithstanding the coastal construction control requirements defined
in subsection (1) or the erosion projection determined pursuant to subsection (6), the
department may, at its discretion, issue a permit for the repair or rebuilding within the
confines of the original foundation of a major structure pursuant to the provisions of
subsection (5). Alternatively, the department may also, at its discretion, issue a permit
for a more landward relocation or rebuilding of a damaged or existing structure if such
relocation or rebuilding would not cause further harm to the beach-dune system, and if, in
the case of rebuilding, such rebuilding complies with the provisions of subsection (5),
and otherwise complies with the provisions of this subsection.
(b) Under no circumstances shall the department permit such repairs or
rebuilding that expand the capacity of the original structure seaward of the 30-year
erosion projection established pursuant to subsection (6). (b) Under no circumstances shall the department permit such repairs or
rebuilding that expand the capacity of the original structure seaward of the 30-year
erosion projection established pursuant to subsection (6).
(c) In reviewing applications for relocation or rebuilding, the
department shall specifically consider changes in shoreline conditions, the availability
of other relocation or rebuilding options, and the design adequacy of the project sought
to be rebuilt. (c) In reviewing applications for relocation or rebuilding, the
department shall specifically consider changes in shoreline conditions, the availability
of other relocation or rebuilding options, and the design adequacy of the project sought
to be rebuilt.
(d) Permits issued under this subsection shall not be considered
precedential as to the issuance of subsequent permits. (d) Permits issued under this subsection shall not be considered
precedential as to the issuance of subsequent permits.
(14) Concurrent with the establishment of a coastal construction control
line and the ongoing administration of this chapter, the secretary of the department shall
make recommendations to the Board of Trustees of the Internal Improvement Trust Fund
concerning the purchase of the fee or any lesser interest in any lands seaward of the
control line pursuant to the state's Save Our Coast, Conservation and Recreation Lands, or
Outdoor Recreation Land acquisition programs; and, with respect to those control lines
established pursuant to this section prior to June 14, 1978, the secretary may make such
recommendations. (14) Concurrent with the establishment of a coastal construction control
line and the ongoing administration of this chapter, the secretary of the department shall
make recommendations to the Board of Trustees of the Internal Improvement Trust Fund
concerning the purchase of the fee or any lesser interest in any lands seaward of the
control line pursuant to the state's Save Our Coast, Conservation and Recreation Lands, or
Outdoor Recreation Land acquisition programs; and, with respect to those control lines
established pursuant to this section prior to June 14, 1978, the secretary may make such
recommendations.
(15) A coastal county or municipality fronting on the Gulf of Mexico, the
Atlantic Ocean, or the Straits of Florida shall advise the department within 5 days after
receipt of any permit application for construction or other activities proposed to be
located seaward of the line established by the department pursuant to the provisions of
this section. Within 5 days after receipt of such application, the county or municipality
shall notify the applicant of the requirements for state permits. (15) A coastal county or municipality fronting on the Gulf of Mexico, the
Atlantic Ocean, or the Straits of Florida shall advise the department within 5 days after
receipt of any permit application for construction or other activities proposed to be
located seaward of the line established by the department pursuant to the provisions of
this section. Within 5 days after receipt of such application, the county or municipality
shall notify the applicant of the requirements for state permits.
(16) In keeping with the intent of subsection (4), and at the discretion
of the department, authority for permitting certain types of activities which have been
defined by the department may be delegated by the department to a coastal county or
coastal municipality. Such partial delegation shall be narrowly construed to those
particular activities specifically named in the delegation and agreed to by the affected
county or municipality, and the delegation may be revoked by the department at any time if
it is determined that the delegation is improperly or inadequately administered. (16) In keeping with the intent of subsection (4), and at the discretion
of the department, authority for permitting certain types of activities which have been
defined by the department may be delegated by the department to a coastal county or
coastal municipality. Such partial delegation shall be narrowly construed to those
particular activities specifically named in the delegation and agreed to by the affected
county or municipality, and the delegation may be revoked by the department at any time if
it is determined that the delegation is improperly or inadequately administered.
(17) The department may, at the request of a property owner, contract
with such property owner for an agreement, or modify an existing contractual agreement
regulating development activities landward of a coastal construction control line,
provided that nothing within the contractual agreement shall be inconsistent with the
design and siting provisions of this section. In no case shall the contractual agreement
bind either party for a period longer than 5 years from its date of execution. Prior to
beginning any construction activity covered by the agreement, the property owner shall
obtain the necessary authorization required by the agreement. The agreement shall not
authorize construction for: (17) The department may, at the request of a property owner, contract
with such property owner for an agreement, or modify an existing contractual agreement
regulating development activities landward of a coastal construction control line,
provided that nothing within the contractual agreement shall be inconsistent with the
design and siting provisions of this section. In no case shall the contractual agreement
bind either party for a period longer than 5 years from its date of execution. Prior to
beginning any construction activity covered by the agreement, the property owner shall
obtain the necessary authorization required by the agreement. The agreement shall not
authorize construction for:
(a) Major habitable structures which would require construction beyond
the expiration of the agreement, unless such construction is above the completed
foundation; or (a) Major habitable structures which would require construction beyond
the expiration of the agreement, unless such construction is above the completed
foundation; or
(b) Nonhabitable major structures or minor structures, unless such
construction was authorized at the same time as the habitable major structure. History:
s. 1, ch. 71-280; s. 2, ch. 75-87; s. 1, ch. 77-12; s. 5, ch. 78-257; s. 29, ch. 79-164;
s. 3, ch. 80-183; s. 67, ch. 81-259; s. 2, ch. 83-247; s. 33, ch. 85-55; s. 1, ch. 86-191;
s. 13, ch. 87-97; s. 1, ch. 88-106; s. 1, ch. 88-349; s. 11, ch. 89-175; s. 9, ch. 91-224;
s. 1, ch. 92-191; s. 22, ch. 94-356. (b) Nonhabitable major structures or minor structures, unless such
construction was authorized at the same time as the habitable major structure. History:
s. 1, ch. 71-280; s. 2, ch. 75-87; s. 1, ch. 77-12; s. 5, ch. 78-257; s. 29, ch. 79-164;
s. 3, ch. 80-183; s. 67, ch. 81-259; s. 2, ch. 83-247; s. 33, ch. 85-55; s. 1, ch. 86-191;
s. 13, ch. 87-97; s. 1, ch. 88-106; s. 1, ch. 88-349; s. 11, ch. 89-175; s. 9, ch. 91-224;
s. 1, ch. 92-191; s. 22, ch. 94-356.
161.0535 Permits; fees, costs. ---
The department may establish by rule a fee schedule and may assess fees for the
filing, processing, and issuance of permits issued under ss. 161.041 and 161.053. The fee
schedule must contain categories of permits based on the varying costs of evaluating
applications for different types of proposed construction. The fee schedule must be based
on the actual costs of administering these permitting programs. Moneys from fees assessed
under this section must be deposited into the Beach Management Trust Fund. The department
may also assess the applicant for the costs of public notice by publication prior to the
consideration of these permit applications; alternatively, the department may require an
applicant to publish, at the applicant's expense, in a newspaper of general circulation
within the affected area, a notice of receipt of the application and a notice of the
intended agency action. History: s. 2, ch. 83-247; s. 34, ch. 85-55; s. 14, ch.
87-97; s. 486, ch. 94-356.
161.055 Concurrent processing of permits. ---
(1) When an activity for which a permit is required under this chapter
also requires a permit, authorization, or approval described in paragraph (2)(b), the
department may, by rule, provide that the activity may be undertaken only upon receipt of
a single permit from the department called a "joint coastal permit," as provided
in this section. (1) When an activity for which a permit is required under this chapter
also requires a permit, authorization, or approval described in paragraph (2)(b), the
department may, by rule, provide that the activity may be undertaken only upon receipt of
a single permit from the department called a "joint coastal permit," as provided
in this section.
(2) The department may adopt rules requiring concurrent application
submittal and establishing a concurrent review and permitting procedure for any activity
regulated under this chapter that also requires one or more of the permits,
authorizations, or approvals described in paragraph (a) or paragraph (b). The rules must
establish concurrent procedures for processing applications under this part with one or
more of the permits, authorizations, or approvals described in paragraph (a) or paragraph
(b). An applicant that proposes such an activity must submit, as part of the permit
application under this chapter, all information necessary to satisfy the requirements for
issuance of any required: (2) The department may adopt rules requiring concurrent application
submittal and establishing a concurrent review and permitting procedure for any activity
regulated under this chapter that also requires one or more of the permits,
authorizations, or approvals described in paragraph (a) or paragraph (b). The rules must
establish concurrent procedures for processing applications under this part with one or
more of the permits, authorizations, or approvals described in paragraph (a) or paragraph
(b). An applicant that proposes such an activity must submit, as part of the permit
application under this chapter, all information necessary to satisfy the requirements for
issuance of any required:
(a) Proprietary authorization under chapters 253 and 258 to use submerged
lands owned by the Board of Trustees of the Internal Improvement Trust Fund; and (a) Proprietary authorization under chapters 253 and 258 to use submerged
lands owned by the Board of Trustees of the Internal Improvement Trust Fund; and
(b) Environmental resource permit or dredge and fill permit under part IV
of chapter 373. The timeframes for license approval or denial set forth in s. 120.60(2) do
not commence until all required information is received. The rules authorized under this
section may also require submittal of such information as is necessary to determine
whether the proposed activity will occur on submerged lands owned by the Board of Trustees
of the Internal Improvement Trust Fund, and shall contain provisions for permit processing
and issuance of orders which are consistent with s. 373.427 and provisions for providing
notice of applications which are consistent with s. 373.413. Authorization under this
subsection may not be issued unless the requirements for issuance of any additional
required authorizations, permits, waivers, variances, and approvals described in paragraph
(a) or paragraph (b) are also satisfied. (b) Environmental resource permit or dredge and fill permit under part IV
of chapter 373. The timeframes for license approval or denial set forth in s. 120.60(2) do
not commence until all required information is received. The rules authorized under this
section may also require submittal of such information as is necessary to determine
whether the proposed activity will occur on submerged lands owned by the Board of Trustees
of the Internal Improvement Trust Fund, and shall contain provisions for permit processing
and issuance of orders which are consistent with s. 373.427 and provisions for providing
notice of applications which are consistent with s. 373.413. Authorization under this
subsection may not be issued unless the requirements for issuance of any additional
required authorizations, permits, waivers, variances, and approvals described in paragraph
(a) or paragraph (b) are also satisfied.
(3) The review of agency action on an application for issuance of a joint
coastal permit must be as provided in s. 373.4275.History: s. 485, ch. 94-356. (3) The review of agency action on an application for issuance of a joint
coastal permit must be as provided in s. 373.4275.History: s. 485, ch. 94-356.
161.061 Coastal construction serving no public
purpose, endangering human life, health, or welfare, or becoming unnecessary or
undesirable. ---
(1) Any coastal construction, or any structure including groins, jetties,
moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly
impermeable design upon sovereignty lands of Florida, below the mean high-water line of
any tidal water of the state, regardless of date of construction or whether a permit has
been issued in accordance with this part, which serves no public purpose, which is
dangerous to or in any way endangers human life, health, or welfare, or which proves to be
undesirable or becomes unnecessary, as determined by the department, shall be adjusted,
altered, or removed by the abutting upland property owner after written notice by the
division. Request for hearing must be filed by the owner with the department within 15
days after such notice. Adjustments, alterations, or removals required by this section
shall be accomplished at no cost to the state. The decision of the department as to
whether to adjust, alter, or remove such coastal construction or structure shall be final,
and the department shall set a reasonable time within which the adjustment, alteration, or
removal shall be accomplished. (1) Any coastal construction, or any structure including groins, jetties,
moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly
impermeable design upon sovereignty lands of Florida, below the mean high-water line of
any tidal water of the state, regardless of date of construction or whether a permit has
been issued in accordance with this part, which serves no public purpose, which is
dangerous to or in any way endangers human life, health, or welfare, or which proves to be
undesirable or becomes unnecessary, as determined by the department, shall be adjusted,
altered, or removed by the abutting upland property owner after written notice by the
division. Request for hearing must be filed by the owner with the department within 15
days after such notice. Adjustments, alterations, or removals required by this section
shall be accomplished at no cost to the state. The decision of the department as to
whether to adjust, alter, or remove such coastal construction or structure shall be final,
and the department shall set a reasonable time within which the adjustment, alteration, or
removal shall be accomplished.
(2) In the event that the upland property owner does not adjust, alter,
or remove any coastal construction, or other structure including groins, jetties, moles,
breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable
design upon sovereignty lands of Florida, below the mean high-water line, when requested
or directed by the department in accordance with subsection (1) of this section, the
department may alter, adjust, or remove such coastal construction or structures at its own
expense, and the costs thereof shall become a lien upon the property of said abutting
upland property owner. History: s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 23,
ch. 78-95; s. 23, ch. 94-356. (2) In the event that the upland property owner does not adjust, alter,
or remove any coastal construction, or other structure including groins, jetties, moles,
breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable
design upon sovereignty lands of Florida, below the mean high-water line, when requested
or directed by the department in accordance with subsection (1) of this section, the
department may alter, adjust, or remove such coastal construction or structures at its own
expense, and the costs thereof shall become a lien upon the property of said abutting
upland property owner. History: s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 23,
ch. 78-95; s. 23, ch. 94-356.
161.071 Prosecuting officers to assist enforcement of
this part. ---
State attorneys, or other prosecuting officers of the state or county, and
sheriffs and their deputies of the several counties of this state, shall assist the
department in enforcement of this part. The officers and their deputies shall, upon
information that any persons, firms, or corporations are violating any of the provisions
of this part, report the same, together with the information in their possession relating
thereto, to the department and shall cooperate with the department in carrying out the
provisions of this part. The state attorneys and other prosecuting officers of the state
or any county, upon the request of the department, shall institute and maintain such legal
proceedings as may be necessary to carry out the enforcement of the provisions of this
part. History: s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 24, ch. 94-356.
161.082 Review of innovative technologies for beach
renourishment. ---
The department is directed to periodically review innovative technologies for
beach renourishment and, on a limited basis, authorize, through the permitting process,
experimental projects that are alternatives to traditional dredge and fill projects to
determine the most effective and less costly techniques for beach renourishment. History:
s. 2, ch. 93-8; s. 25, ch. 94-356.
161.101 State and local participation in authorized
projects and studies relating to beach management and erosion control. ---
(1) The Legislature recognizes that beach erosion is a statewide problem
that does not confine its effects to local governmental jurisdictions and that beach
erosion can be adequately addressed most efficiently by a state-initiated program of beach
restoration and beach renourishment. However, since local beach communities derive the
primary benefits from the presence of adequate beaches, a program of beach restoration and
beach renourishment should not be accomplished without a commitment of local funds to
combat the problem of beach erosion. Accordingly, the Legislature declares that the state,
through the department, shall determine those beaches which are critically eroding and in
need of restoration and renourishment and may authorize the expenditure from the Beach
Management Trust Fund of the amount necessary to pay up to 75 percent of the actual costs
for restoring and renourishing a critically eroded beach. The local government in which
the beach is located shall be responsible for the balance of such costs. (1) The Legislature recognizes that beach erosion is a statewide problem
that does not confine its effects to local governmental jurisdictions and that beach
erosion can be adequately addressed most efficiently by a state-initiated program of beach
restoration and beach renourishment. However, since local beach communities derive the
primary benefits from the presence of adequate beaches, a program of beach restoration and
beach renourishment should not be accomplished without a commitment of local funds to
combat the problem of beach erosion. Accordingly, the Legislature declares that the state,
through the department, shall determine those beaches which are critically eroding and in
need of restoration and renourishment and may authorize the expenditure from the Beach
Management Trust Fund of the amount necessary to pay up to 75 percent of the actual costs
for restoring and renourishing a critically eroded beach. The local government in which
the beach is located shall be responsible for the balance of such costs.
(2) To carry out the beach and shore preservation programs, the
department is hereby constituted as the beach and shore preservation authority for the
state. In this capacity, the secretary of the department may at his own initiative take
all necessary steps as soon as practicable and desirable to implement the provisions of
this chapter. (2) To carry out the beach and shore preservation programs, the
department is hereby constituted as the beach and shore preservation authority for the
state. In this capacity, the secretary of the department may at his own initiative take
all necessary steps as soon as practicable and desirable to implement the provisions of
this chapter.
(3) Whenever a beach erosion control project has been authorized by
Congress for federal financial participation in accordance with any Act of Congress
relating to beach erosion control in which nonfederal participation is required, it shall
be the policy of the state to assist with an equitable share of such funds to the extent
that funds are available, as determined by the department. (3) Whenever a beach erosion control project has been authorized by
Congress for federal financial participation in accordance with any Act of Congress
relating to beach erosion control in which nonfederal participation is required, it shall
be the policy of the state to assist with an equitable share of such funds to the extent
that funds are available, as determined by the department.
(4) The department, for itself or on behalf of any and all duly
established beach and shore preservation districts and local governments within the state,
may enter into cooperative agreements and otherwise cooperate with, and meet the
requirements and conditions (including, but not limited to, execution of indemnification
agreements) of, federal, state, and other local governments and political entities, or any
agencies or representatives thereof, for the purpose of improving, furthering, and
expediting the beach management program. (4) The department, for itself or on behalf of any and all duly
established beach and shore preservation districts and local governments within the state,
may enter into cooperative agreements and otherwise cooperate with, and meet the
requirements and conditions (including, but not limited to, execution of indemnification
agreements) of, federal, state, and other local governments and political entities, or any
agencies or representatives thereof, for the purpose of improving, furthering, and
expediting the beach management program.
(5) The department is authorized, for and on behalf of the state, to
accept such federal moneys for beach erosion control as are available and to sign all
necessary agreements therefor and to do and perform all necessary acts in connection
therewith to effectuate the intent and purposes of this act. (5) The department is authorized, for and on behalf of the state, to
accept such federal moneys for beach erosion control as are available and to sign all
necessary agreements therefor and to do and perform all necessary acts in connection
therewith to effectuate the intent and purposes of this act.
(6) The department is authorized to make application for federal
participation in the cost of any beach and shore preservation project under any Acts of
Congress and all amendments thereto. (6) The department is authorized to make application for federal
participation in the cost of any beach and shore preservation project under any Acts of
Congress and all amendments thereto.
(7) The department is authorized to pay up to 100 percent of the
construction and maintenance costs of projects authorized for construction pursuant to
subsection (11) when construction and maintenance are on lands of which the state is the
upland riparian owner. (7) The department is authorized to pay up to 100 percent of the
construction and maintenance costs of projects authorized for construction pursuant to
subsection (11) when construction and maintenance are on lands of which the state is the
upland riparian owner.
(8) With regard to a project approved in accordance with s. 161.161, the
department is authorized to pay from the Beach Management Trust Fund an amount up to 75
percent of the actual costs of the approved project, including, but not limited to, the
costs for: (8) With regard to a project approved in accordance with s. 161.161, the
department is authorized to pay from the Beach Management Trust Fund an amount up to 75
percent of the actual costs of the approved project, including, but not limited to, the
costs for:
(a) Project design engineering and construction supervision and
inspection; (a) Project design engineering and construction supervision and
inspection;
(b) Biological monitoring; (b) Biological monitoring;
(c) Inlet sand transfer projects; (c) Inlet sand transfer projects;
(d) Dune revegetation and stabilization; (d) Dune revegetation and stabilization;
(e) Restoration, renourishment, or feeder beach project costs; (e) Restoration, renourishment, or feeder beach project costs;
(f) Construction easements, rights-of-way, public access easements, and
vehicle parking spaces; (f) Construction easements, rights-of-way, public access easements, and
vehicle parking spaces;
(g) Obtaining required permits; (g) Obtaining required permits;
(h) Establishing erosion control lines; (h) Establishing erosion control lines;
(i) Enhancement of marine turtle propagation; and (i) Enhancement of marine turtle propagation; and
(j) Sand-source studies. (j) Sand-source studies.
(9) The selection of a project engineer acceptable to the department by
local government as project sponsor shall be on the basis of competitive negotiation as
provided in chapter 287. The project sponsor shall assume full responsibility for all
project costs in excess of the state cost limitation. (9) The selection of a project engineer acceptable to the department by
local government as project sponsor shall be on the basis of competitive negotiation as
provided in chapter 287. The project sponsor shall assume full responsibility for all
project costs in excess of the state cost limitation.
(10) A local government desiring to initiate and pay the entire cost of
designing, constructing, and maintaining an erosion control project prior to the state's
initiating such construction may be reimbursed from state funds on the basis of the
procedures set forth in s. 161.161, provided the project is approved by the department
before initiation of construction and based on legislative appropriations and whether it
furthers the provisions of s. 161.161. Such local interests shall, as project sponsor, be
responsible for obtaining federal reimbursement in the case of federal-aid projects. (10) A local government desiring to initiate and pay the entire cost of
designing, constructing, and maintaining an erosion control project prior to the state's
initiating such construction may be reimbursed from state funds on the basis of the
procedures set forth in s. 161.161, provided the project is approved by the department
before initiation of construction and based on legislative appropriations and whether it
furthers the provisions of s. 161.161. Such local interests shall, as project sponsor, be
responsible for obtaining federal reimbursement in the case of federal-aid projects.
(11) The department may expend funds from the Beach Management Trust Fund
to alleviate emergency conditions, upon a declaration, after a hearing, by the Governor
and Cabinet that a shoreline emergency of state concern exists. (11) The department may expend funds from the Beach Management Trust Fund
to alleviate emergency conditions, upon a declaration, after a hearing, by the Governor
and Cabinet that a shoreline emergency of state concern exists.
(12) Twenty-five percent of any funds appropriated for implementation of
this section shall be held by the department until the last quarter of the fiscal year for
which the appropriation is made. This amount shall be used to meet emergencies prescribed
in subsection (11). If no such emergencies occur, then these funds may be released in the
last quarter of the fiscal year in which the appropriation is made for projects. (12) Twenty-five percent of any funds appropriated for implementation of
this section shall be held by the department until the last quarter of the fiscal year for
which the appropriation is made. This amount shall be used to meet emergencies prescribed
in subsection (11). If no such emergencies occur, then these funds may be released in the
last quarter of the fiscal year in which the appropriation is made for projects.
(13) The department shall maintain a current project listing and may, in
its discretion and dependent upon the availability of local resources and changes in the
criteria listed in s. 161.161, revise the project listing. History: s. 1, ch.
65-408; ss. 25, 35, ch. 69-106; s. 7, ch. 78-257; s. 5, ch. 86-138; s. 17, ch. 87-97; s.
26, ch. 94-356. (13) The department shall maintain a current project listing and may, in
its discretion and dependent upon the availability of local resources and changes in the
criteria listed in s. 161.161, revise the project listing. History: s. 1, ch.
65-408; ss. 25, 35, ch. 69-106; s. 7, ch. 78-257; s. 5, ch. 86-138; s. 17, ch. 87-97; s.
26, ch. 94-356.
161.111 Shore erosion emergency. ---
If a shore erosion emergency is declared by the Governor, the state, acting
through the department, may spend whatever state funds are available to alleviate shore
erosion, including such funds specifically set aside for such purposes in the erosion
control account. History: s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 27, ch.
94-356.
161.141 Property rights of state and private upland
owners in beach restoration project areas. ---
The Legislature declares that it is the public policy of the state to cause to
be fixed and determined, pursuant to beach restoration, beach renourishment, and erosion
control projects, the boundary line between sovereignty lands of the state bordering on
the Atlantic Ocean, the Gulf of Mexico, or the Straits of Florida, and the bays, lagoons,
and other tidal reaches thereof, and the upland properties adjacent thereto; except that
such boundary line shall not be fixed for beach restoration projects that result from
inlet or navigation channel maintenance dredging projects unless such projects involve the
construction of authorized beach restoration projects. However, prior to construction of
such a beach restoration project, the board of trustees must establish the line of mean
high water for the area to be restored; and any additions to the upland property landward
of the established line of mean high water which result from the restoration project
remain the property of the upland owner subject to all governmental regulations and are
not to be used to justify increased density or the relocation of the coastal construction
control line as may be in effect for such upland property. The resulting additions to
upland property are also subject to a public easement for traditional uses of the sandy
beach consistent with uses that would have been allowed prior to the need for the
restoration project. It is further declared that there is no intention on the part of the
state to extend its claims to lands not already held by it or to deprive any upland or
submerged land owner of the legitimate and constitutional use and enjoyment of his
property. If an authorized beach restoration, beach renourishment, and erosion control
project cannot reasonably be accomplished without the taking of private property, the
taking must be made by the requesting authority by eminent domain proceedings. History:
s. 1, ch. 70-276; s. 1, ch. 79-233; s. 1, ch. 82-144; s. 7, ch. 86-138; s. 18, ch. 87-97;
ss. 28, 487, ch. 94-356.
161.161 Procedure for approval of projects. ---
(1) The division shall develop and maintain a comprehensive long-term
management plan for the restoration of the state's critically eroding beaches. The beach
management plan shall: (1) The division shall develop and maintain a comprehensive long-term
management plan for the restoration of the state's critically eroding beaches. The beach
management plan shall:
(a) Address long-term solutions to the problem of critically eroding
beaches in this state. (a) Address long-term solutions to the problem of critically eroding
beaches in this state.
(b) Evaluate each improved coastal beach inlet and determine whether the
inlet is a significant cause of beach erosion. With respect to each inlet determined to be
a significant cause of beach erosion, the plan must include: 1. The extent to which
such inlet causes beach erosion and recommendations to mitigate the erosive impact of the
inlet, including, but not limited to, recommendations regarding inlet sediment bypassing;
modifications to channel dredging, jetty design, and disposal of spoil material;
establishment of feeder beaches; and beach restoration and beach renourishment; and 2.
Cost estimates necessary to take inlet corrective measures and recommendations regarding
cost sharing among the beneficiaries of such inlet. (b) Evaluate each improved coastal beach inlet and determine whether the
inlet is a significant cause of beach erosion. With respect to each inlet determined to be
a significant cause of beach erosion, the plan must include: 1. The extent to which
such inlet causes beach erosion and recommendations to mitigate the erosive impact of the
inlet, including, but not limited to, recommendations regarding inlet sediment bypassing;
modifications to channel dredging, jetty design, and disposal of spoil material;
establishment of feeder beaches; and beach restoration and beach renourishment; and 2.
Cost estimates necessary to take inlet corrective measures and recommendations regarding
cost sharing among the beneficiaries of such inlet. (b) Evaluate each improved coastal beach inlet and determine whether the
inlet is a significant cause of beach erosion. With respect to each inlet determined to be
a significant cause of beach erosion, the plan must include: 1. The extent to which
such inlet causes beach erosion and recommendations to mitigate the erosive impact of the
inlet, including, but not limited to, recommendations regarding inlet sediment bypassing;
modifications to channel dredging, jetty design, and disposal of spoil material;
establishment of feeder beaches; and beach restoration and beach renourishment; and 2.
Cost estimates necessary to take inlet corrective measures and recommendations regarding
cost sharing among the beneficiaries of such inlet.
(c) Specify design criteria for beach restoration and beach renourishment
projects, including, but not limited to: 1. Dune elevation and width and
revegetation and stabilization requirements; and 2. Beach profile. (c) Specify design criteria for beach restoration and beach renourishment
projects, including, but not limited to: 1. Dune elevation and width and
revegetation and stabilization requirements; and 2. Beach profile.
(d) Evaluate the establishment of feeder beaches as an alternative to
direct beach restoration and recommend the location of such feeder
