Permitting Waterfront Construction in Florida
Proper permitting protects your project.
Many times the structure is being built on government owned property. Even some projects which take place upland of the water, but are still adjacent to it, require permitting approvals. Most projects need approval from three separate authorities – local, state, and federal.
Permits are documents that authorize work to be completed at the owner’s property. Permits are issued for the purposes of verifying that the structures or activity that the owner wants built conform to the safety, navigational, environmental, and structural standards that the government determines all property owners must abide by.
Types of Permits
Local. The City or County will review the projects setbacks, water depths, size and placement of the structure, it’s uses, structural design, and other details to verify that it falls within compliance of the local regulations and Florida Building Code.
State. The Florida Department of Environmental Protection reviews the project to determine if it qualifies for an exemption or requires a permit. It also reviews the ownership of the submerged lands it is being proposed to be built upon and the extent that the proposed project affects it.
Federal. The U.S. Army Corps of Engineers regulates work in navigable waters. Almost all our projects qualify for that since they connect to the ocean. They coordinate with other Federal Agencies for compliance with those agencies regulations as well as their own. They review the plans for setback requirements for the Federal Channel (Intracoastal Waterway, or ICW). Additionally, they verify the project complies with the easements they own up and down the coast – many of these easements the owners of the property are not even aware of – and if the project is on their easement then they need to craft a Consent to Easement to allow the project.
“I informed Dave that we have been denied such a permit twice in the last 10 years but he suggested giving it another try. After 2 years of Dave’s efforts with Sarasota County and State officials he was successful in obtaining the boat dock permit. He constructed a 300 foot long boat dock and lift on our property on Lemon Bay.”
Mohan K. · Englewood, FLPermitting Time
There is no set time frame for permits. Each agency that reviews the permits has their own criteria. Most agencies also tend to be understaffed.
The length of time is usually dependent upon several factors. Rebuilding a structure in the same footprint is quicker than a new footprint or a brand new structure. Disturbance of mangroves, seagrasses, oyster beds, or other environmentally protected habitats lead to longer permit times. Situations that require specialized surveys (riparian, bathymetric, benthic, x-y coordinate, etc.) lead to longer permit times.
Permitting Fees
Permitting fees tend to run in the range of $550 to $1,500. That isn’t to say that they can’t run more. Depending on the type of project, the municipality it lies within, and sometimes the cost of the project, the fees can vary. We usually include the cost of engineering in our quotes though many contractors do not and those can be additional costs. Please note that these are only the costs for permitting, not the actual construction.
Who Pulls the Permit?
We do. Ram Marine will handle all of the design, permitting and construction in house. If a contractor asks you to pull an owner-builder permit for work they intend to perform, understand why before you agree to it. There is usually a reason for this and it may have to do with their licensing or insurance requirements not being up-to-date, which can put the owner at a very high risk.
Most licensed contractors are proficient at obtaining all the proper permits for you. They will usually combine this into the cost of your project, though some projects may require a separate fee due to the complicated situation of their particular project. Other projects may require the services of a specialized permitting firm to acquire those permits and a licensed contractor can then perform the construction of the project from those permits.
Regardless of how much you may dislike paying the government more money and waiting for the permits to be issued, it is in your best interests to acquire a permit.
You should also ask your Contractor for a copy of the permits that were issued for the project to keep for your long term records. There are times the government may ask for proof that the work was permitted, especially if it is to be rebuilt.
It is not wise to depend on the government to save their own records. We have encountered many instances over the years where we needed the old permits.
Unpermitted Work
Though, it may seem tempting to have work done without a permit due to the increased time frame and cost of a project we highly recommend you avoid this route. If work is performed on your property without them and you get caught you can be fined many times the amount of the costs of the permits or the regulatory entities may make you remove or replace what you had done at your cost, or both.
Seagrasses
Seagrass beds are protected habitats. They are a natural occurrence in our waters. They contribute to providing habitats for fish and shellfish. They are eaten by manatees, another protected species. And they contribute toward creating cleaner water in the bays and creeks.
There are special rules that are enforced about construction when grasses are present. These can impact the design and use of a structure. We help guide our customers through this process and present different design options to best match their needs.
Floating Lift Myths
The simple answer is that usually yes, you do need a permit for a floating lift for personal watercraft. We have witnessed much controversy over this issue and have had many clients inform us of what they have heard they can do which usually contains some of the facts, but not all. So here is the truth behind the matter.
In 2002, the Florida Legislature implemented F.S. 403.813(1)(s) to the list of exemptions from permits, though there are several conditions that must be met to qualify for this exemption. In addition to these conditions, there is the fact that these are only the requirements for the State permit. It does NOT mean that these lifts are automatically exempt from Federal or Local Rules and Ordinances.
We have heard many stories of these lifts being sold to unsuspecting property owners telling them that no permits are required so they can make a quick sale and leave the owner on the hook for a violation. Please check with your local authorities before purchasing and installing one of these without a licensed local contractor.
Permitting timelines, fee ranges and agency roles are general guidance, not a substitute for advice on a specific property.
Not sure which of these applies to you?
Tell us the address. We have been through this process with the county, the state and the Army Corps more times than we can count.
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