This content was shared from the Florida Department of Environmental Protection.
The Coastal Construction Control Line (CCCL) Program regulates structures and activities that can cause beach erosion, destabilize dunes, damage upland properties or interfere with public access. CCCL permits also protect sea turtles and dune plants.
The following are topics to help guide CCCL permit applicants and educate the public on the coastal construction permit program. You can also give us a call at 850-245-8570 or contact us via email.
The Coastal Construction Control Line (CCCL) Program is an essential element of Florida’s coastal management program, protecting Florida’s beaches and dunes while ensuring reasonable use of private property.
Recognizing the value of the state’s beaches, the Florida Legislature initiated the CCCL Program to protect the coastal system from improperly sited and designed structures that can destabilize or destroy the beach and dune system. Once destabilized, these valuable coastal resources are lost, as are important recreation, upland property protection and environmental habitat values.
Adoption of a CCCL establishes an area of jurisdiction in which special siting and design criteria are applied for construction and related activities. These standards may be more stringent than those already applied in the rest of the coastal building zone because of the greater forces expected to occur in the more seaward beach zone during a storm event.
WHAT IS THE RELATIONSHIP BETWEEN THE BEACH AND SHORE PRESERVATION ACT AND THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) PROGRAM?
The purpose of the Florida Beach and Shore Preservation Act (pursuant to Part I of Chapter 161, Florida Statutes) is to preserve and protect Florida’s sandy beaches and adjacent dune systems. Beaches and dunes are vital components of the dynamic coastal system that surrounds most of Florida. The beach and dune system protects upland properties from storm damage, provides recreation for Florida residents and visitors, and provides habitat for wildlife. Imprudent development reduces the system’s ability to provide these benefits.
The Coastal Construction Control Line (CCCL) Program is an important component of the Beach and Shore Preservation Act for protecting the dune system from imprudent upland construction that could weaken, damage or destroy the integrity of dunes, dune vegetation and sea turtle nesting habitat. Other major components of the Act are the Beach Erosion Control Program, which provides for the restoration and maintenance of critically eroding beaches, and the Joint Coastal Permitting Program, which protects beaches and inlets from activities which could contribute to erosion. State laws governing the CCCL program include sections 161.052, 161.053 and 161.085 of the Florida Statutes.
WHAT IS THE PURPOSE OF THE CCCL PROGRAM?
The CCCL Program protects Florida’s beaches and dunes from imprudent construction jeopardizing the beach/dune system, accelerating erosion, threatening upland structures and property, and interfering with public beach access while allowing reasonable use of private property. Improperly sited and designed construction can destabilize or destroy the beach/dune system resulting in loss of this natural resource and its important values for recreation, upland property protection and environmental habitat. Construction activities seaward of the control line are not prohibited, but must meet special siting and design criteria.
WHAT FACTORS ARE USED TO ESTABLISH A CONTROL LINE?
Historical weather data (including past hurricanes which have impacted the area under study, tide cycles, offshore bathymetry, erosion trends, upland topography, and existing vegetation and structures) are evaluated using appropriate engineering predictive models and scientific principles to determine the upland limits of the effect of a one-hundred year coastal storm. It is important to note that some major storm effects, including wind and flooding may penetrate much farther inland than the control line, however the magnitude of the forces associated with those effects is considerably less than those which are anticipated seaward of the control line.
CAN I BUILD OR REBUILD SEAWARD OF THE CONTROL LINE?
YES! The CCCL is not a line of prohibition.
DOES REBUILDING AN EXISTING STRUCTURE OR A STRUCTURE DAMAGED BY A STORM REQUIRE A PERMIT FROM THE DEPARTMENT?
Yes. Maintenance, repairs, or modifications of existing structures are generally exempted from the Department’s permitting requirements as long as the activity does not involve additions to, repairs of, or modifications to the foundation. Routine maintenance of the foundation is also exempt and minor repairs may also be exempted after Department review.
Chapter 62B-33, Florida Administrative Code, outlines other specific activities that are or may, after review, be exempt. Otherwise, construction activities will require either a field or an administrative permit from the Department. Unless the storm has altered the shoreline such that a viable building site landward of the beach no longer exists, structures damaged by a storm may be rebuilt. Structures that are being rebuilt for economic reasons may be rebuilt within or landward of the confines of the existing foundation upon compliance with appropriate standards.
DO ALL PROPOSED CONSTRUCTION ACTIVITIES SEAWARD OF THE CONTROL LINE REQUIRE A PERMIT?
No. The statute allows exemptions for certain activities that are not expected to cause any impacts or measurable interference with the coastal system. Included within this list of exemptions are improvements to existing single- family dwellings within the building’s footprint and not involving foundation work (e.g., replacing roofs, doors, windows, siding, second floor additions, etc.), and certain minor structures/activities located landward of seawalls or existing buildings.
WHAT DOES THE DEPARTMENT CONSIDER WHEN REVIEWING A REQUEST FOR A PERMIT?
Department permit requirements are presented in Chapter 62B-33, Florida Administrative Code. Approval or denial of a permit application is based upon a review of the facts and circumstances on the potential impacts on the beach dune/system, adjacent properties, native salt-tolerant vegetation and sea turtles, and interference with public beach access. While most permit requests are approved as requested, some are modified during the permitting process to comply with siting and design criteria.
WHAT IS THE 30-YEAR EROSION PROJECTION?
The “30-year erosion projection” is the predicted location of the seasonal high water line (SHWL) on the subject property within the thirty years following submittal of a permit application. The SHWL is defined by Section 161.053(5)(a)2, Florida Statutes, as “…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.” The location of the 30-year erosion projection is based on documented historical shoreline changes for that area and is available from the Department and by following the engineering methods of Rule 62B-33.024, Florida Administrative Code. In areas with substantial seawalls, the 30-year erosion projection stops at the wall.
WHAT ARE DEVELOPMENT AGREEMENTS AND CAN I OBTAIN ONE?
The agreement is a contract into which the Department is authorized per section 16.0531, Florida Statutes, to enter with property owners or developers for future development seaward of the CCCL. The development agreement is a conceptual permit that typically outlines the siting or location of the proposed project based on negotiations with the Department to ensure that the project results in a net benefit to the coastal system.
WHO DO I CONTACT TO FIND OUT MORE ABOUT HOW THIS PROGRAM WILL AFFECT ME OR MY PROPERTY?
Florida Department of Environmental Protection Office of Resilience and Coastal Protection Coastal Construction Control Line Program 2600 Blair Stone Road, Mail Station 3522 Tallahassee, Florida 32399-2400 [email protected]
(850) 245-8336
Marine Construction
As we know in the very lucrative business of marine construction, there are many different facets of this industry that require unique knowledge and expertise. Common marine construction projects include submarine cable installation and repair, bridge construction, and dock construction. Marine construction may also include the erection of coastal structures such as seawalls and submarine tunnels, off-shore structures such as mooring systems and artificial islands, and deep ocean structures such as cofferdams and underwater mining platforms.
Just as with general construction projects, marine construction raises typical issues of contract negotiation and interpretation, supply chain and delay disputes, payment disputes, and defective construction claims. Marine construction also contemplates unique permitting requirements and regulations, local, state, and federal, depending upon the particular body of water involved.
Long Island and Florida host large communities of marine contractors and subcontractors who work hard to provide workmanship of the highest quality to be found anywhere, but even the most seasoned professional can benefit from the assistance of our firm’s strong history of providing for the needs of Long Island and Florida contractors and subcontractors on both private and public projects. Whether preparing airtight contracts to protect your interests or vigorously pursuing recovery through arbitration and litigation, this firm serves the needs of marine contractors and subcontractors at each stage of their projects.
If you have a marine construction inquiry and would like to learn about your options for legal disputes in this specific industry, please request a consultation today.
This content was shared from the Florida Department of Environmental Protection.