Coastal Properties Disclosure Statement. Section 161.57. F.S., amended during the 2006 legislative session to provide coastal property buyers information of the potential perils associated with developing property seaward of the coastal construction control line. The intent is to ensure that new residents buying their dream home receive proper warning if the property being considered is located on a critically eroded beach. The disclosure targets all property seaward of the Coastal Construction Control Line (CCCL) — which is the portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves, or other predictable weather conditions. To that end, the seller is required to give a written disclosure statement in the following form:

“The property being purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including the delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the property being purchased.”

The amendment also provides for assistance from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the property being purchased. In an effort to provide easy access to erosion information the following links have been provided:

Regional Coastal Monitoring Data Page: This page provides links to Coastal Monitoring Documents, Profile Survey Data, Aerial Photography, Range Monument Tabulation, and Control Monument Tabulation.

http://www.dep.state.fl.us/beaches/data/coastmon.htm

Critical Erosion Areas Report: This report provides an inventory of Florida’s erosion problem areas:

http://bcs.dep.state.fl.us/reports/crit_ero.pdf

List of County Shoreline Change Reports: This report provides shoreline change rate estimates of several coastal counties in Florida:

http://www.dep.state.fl.us/beaches/publications/tech-rpt.htm#Change_Rate_Estimate

Beach Management Rules:

http://www.dep.state.fl.us/beaches/publications/gen-pub.htm#Rules

Florida Statutes: This web link provides access to the applicable state laws pertaining to coastal construction, beach erosion control and resource management considerations seaward of the CCCL:

http://www.dep.state.fl.us/beaches/programs/envpermt.htm#Statutes

General Permit Line Rule Streamlining Now In Effect

On November 21, 2005, the Florida Department of Environmental Protection’s (DEP) Bureau of Beaches and Coastal Systems established General Permit Lines in Nassau, Duval, St. Johns, Flagler, and Volusia Counties and adopted additional streamlining measures for Coastal Construction Control Line permits statewide.

The Florida Beach and Shore Preservation Act and the Florida Building Code regulate all construction seaward of a Coastal Construction Control Line to reduce impacts to beaches, dunes, and nesting sea turtles, and to limit property damage associated with hurricanes and other storms. General permit Rule 62B-34, Florida Administrative Code, simplifies permit application procedures for single family houses, decks, and other construction projects located well upland from the beach and sensitive dunes.

DEP has amended the rule to delineate General Permit Lines in the five northeast coastal counties to more clearly define where certain types of coastal construction activities may be permitted under the streamlined procedures. Construction landward of a General Permit Line may be eligible for expedited permit processing. Other rule revisions reduce the general permit application requirements and simplify the permitting criteria for Coastal Construction Control Line Areas throughout Florida. “The rule changes will make the general permit application process more user-friendly for coastal property owners while fully protecting Northeast Florida’s unique coastal resources,” said Mimi Drew, Director of Water Resource Management. 

DEP is now evaluating specific General Permit Lines for the rest of the state to further streamline the permitting process while assuring protection of Florida’s beach and dune system. You may access a copy of rule 62B-34, F.A.C., by clicking on the link provided:

• http://www.dep.state.fl.us/beaches/publications/gen-pub.htm#Rules

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Florida Building Code

The Florida Building Code, which was adopted in 2002 and is updated triennially, provides a single set of documents to direct public and private building design throughout the state. The code focuses on public safety, which includes incorporating up to date hurricane protection for structures. As part of the hurricane protection, the Coastal Construction Control Line (CCCL) program's structural requirements were incorporated into the new code. The CCCL program has long been cited as an exemplary program in providing hurricane protection for structures along Florida's coastline. The structural requirements for structures located seaward of the CCCL are contained in Chapter 31, Special Construction, section 3109, of the new code. An environmental permit is still required for all structures proposed seaward of the CCCL.

Construction standards contained in section 3109, ensure that habitable structures located seaward of the CCCL are designed to resist the predicted forces associated with a 100-year storm event. As part of this assurance, certification of the elevation standards contained in section 3109.3, is required. The certification form and the elevation requirements are contained in the report titled "One-Hundred-Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line" as determined by the Department of Environmental Protection. This report can be accessed through the following link: 
http://www.dep.state.fl.us//beaches/publications/tech-rpt.htm#100year

The Department maintains jurisdiction over environmental issues related to any proposed project located seaward of the coastal construction control line therefore, an environmental permit is still required prior to the start of construction. The environmental permit may require special siting considerations to protect the beach-dune system, proposed or existing structures and public beach access. It may also condition the nature, timing, and sequence of construction of permitted activities to provide protection to nesting sea turtles and hatchlings and their habitat, including review, submittal, and approval of lighting plans. You may access a copy of rule 62B-33, F.A.C., by clicking on the link provided:

http://www.dep.state.fl.us/beaches/publications/gen-pub.htm#Rules

The effective date of the Florida Building Code was March 1, 2002.

If you have any questions regarding this information please contact the representative for your area provided in the table below.

For additional information on the Coastal Construction Control Line Program or on the Florida Building Code click on one of the following links: 
http://www.dep.state.fl.us/beaches/programs/ccclprog.htm
http://www.floridabuilding.org/ (link opens in a separate window)

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For more information, please e-mail Rosaline Beckham.

Phone numbers can be found on the Staff Contacts page.