Bureau of BeachesBureau of Beachesandand

Coastal SystemsCoastal Systems

FFlorida’s Coastal Construction Control Line lorida’s Coastal Construction Control Line ProgramProgram

Gene Chalecki, P.E.Program Administrator

FDEP – Bureau of Beaches and Coastal Systemsgene.chalecki@dep.state.fl.us

A Coastal Hazard Mitigation Program That Works

Develop aDevelop a Habitat Conservation Plan Habitat Conservation Plan

to Address Activities to Address Activities Regulated under the State of Regulated under the State of

Florida’s Florida’s CCCL Regulatory ProgramCCCL Regulatory Program

The Initiative

Discussion OutlineDiscussion Outline

• Brief description of the Bureau’s Brief description of the Bureau’s Beach Management ProgramBeach Management Program

• Provide overview of the CCCL Provide overview of the CCCL Regulatory Program Regulatory Program

• Describe regulated CCCL activities to Describe regulated CCCL activities to be considered under the HCPbe considered under the HCP

• Closing commentsClosing comments

Beach & Shore Preservation ActChapter 161, Florida Statutes

Enacted in 1965

Beach & Shore Preservation ActChapter 161, Florida Statutes

Enacted in 1965

Program AuthorityProgram AuthorityProgram AuthorityProgram Authority

Bureau of Beaches and Bureau of Beaches and Coastal SystemsCoastal Systems

Local Government Fiscal Local Government Fiscal Assistance ProgramAssistance Program

Regulatory Regulatory ProgramsPrograms

CCCL JCPCCCL JCP

Comprehensive Beach Comprehensive Beach ManagementManagement

Mission: “To Restore, Protect and Manage Florida’s Coastal Mission: “To Restore, Protect and Manage Florida’s Coastal System.”System.”

Coastal EngineeringCoastal EngineeringCoastal Hydrodynamics, Coastal Hydrodynamics,

sediment processes, and geologysediment processes, and geologyCoastal Data & AnalysisCoastal Data & AnalysisShoreline Surveying & Monitoring, Special StudiesShoreline Surveying & Monitoring, Special Studies

Modeling, GISModeling, GIS

Strategic Beach Management Plan

•Long-term strategy for “critically eroded” segments

•Sub-regions: chosen for uniqueness and continuity as basic planning unit

•Directs state program

Local Government Local Government Financial and Technical Financial and Technical

AssistanceAssistance•State funding for up to 50% of State funding for up to 50% of

cost of planning, designing, cost of planning, designing,

constructing and monitoring constructing and monitoring

beach restoration and beach restoration and

nourishment projects in Floridanourishment projects in Florida

•Bureau Project ManagersBureau Project Managers

Joint Coastal PermitJoint Coastal Permit

Activities Requiring a JCP:Activities Requiring a JCP:•beach restorationbeach restoration•construction of piers, groins and construction of piers, groins and breakwatersbreakwaters•maintenance of inlets & inlet-related maintenance of inlets & inlet-related structuresstructures•dredging of navigation channels w/beach dredging of navigation channels w/beach disposaldisposal Applicable State Laws:Applicable State Laws:

Chapter 161, F.S. (Coastal Construction Permit)Chapter 161, F.S. (Coastal Construction Permit)Chapter 373, F.S. (ERP or Dredge & Fill Permit)Chapter 373, F.S. (ERP or Dredge & Fill Permit)Chapter 253, F.S. (Sovereign Submerged Lands Chapter 253, F.S. (Sovereign Submerged Lands

Approval)Approval)

Data Collection

Analysis & Products

Coastal Engineering Evaluations

Field Inspector’s Reports

Aerial Photography/Videography

Post-Storm Damage Assessment

Coastal Construction Control Coastal Construction Control LineLine

What the CCCL is:What the CCCL is:

• Line of jurisdiction for CCCL permitting programLine of jurisdiction for CCCL permitting program

• Defines portion of beach-dune system subject Defines portion of beach-dune system subject

to severe fluctuations associated w/100-yr. to severe fluctuations associated w/100-yr.

stormstorm

• Only established on sandy beachesOnly established on sandy beaches

• Line established by Rule (Chapter 62B-26, Line established by Rule (Chapter 62B-26,

F.A.C.)F.A.C.)

Coastal Construction Control Coastal Construction Control LineLine

What the CCCL is What the CCCL is notnot::

A setback line (line of no A setback line (line of no construction)construction)

– the beach-dune system– proposed or existing structures, and– adjacent properties, and– the preservation of public beach access.

The purpose of regulation is to ensure the protection of ...

Coastal Construction Control Line Regulatory Program

Regulatory HistoryRegulatory HistoryRegulatory HistoryRegulatory History

•1970 Fifty-foot Setback from MHWL

•1971 Coastal Construction Setback Line

•1981 Legislation to Reestablish CCCL

•1985 30 Year Erosion Projection

•2002 Florida Building Code

•1970 Fifty-foot Setback from MHWL

•1971 Coastal Construction Setback Line

•1981 Legislation to Reestablish CCCL

•1985 30 Year Erosion Projection

•2002 Florida Building Code

• 19781978 Coastal Construction Coastal Construction Control Control Line (Replaces Line (Replaces Setback Line)Setback Line)

Florida Building CodeFlorida Building CodeFlorida Building CodeFlorida Building Code

• Effective 2002 and revised 2004, local building departments enforce the building design standards of the CCCL program. – Building design standards for habitable structures

sited seaward of the CCCL are contained in Chapter 31 (Special Construction), s. 3109 of the new code.

• DEP enforces the environmental provisions of the CCCL Program, therefore, a DEP environmental permit is still required for proposed activities seaward of the CCCL.

• Effective 2002 and revised 2004, local building departments enforce the building design standards of the CCCL program. – Building design standards for habitable structures

sited seaward of the CCCL are contained in Chapter 31 (Special Construction), s. 3109 of the new code.

• DEP enforces the environmental provisions of the CCCL Program, therefore, a DEP environmental permit is still required for proposed activities seaward of the CCCL.

FEMA

VE ZONECCCL (1991)CCCL (1991)

PRE-OPALPRE-OPAL

Pre-Storm ConditionPre-Storm Condition

CCSL (1976)CCSL (1976)

CCCLCCCL

POST OPAL

FEMA

VE ZONE

CCCL vs. Erosion LimitsCCCL vs. Erosion Limits

Counties that have a Counties that have a CCCL?CCCL?

Governing Law and RulesGoverning Law and Rules

Chapter 161, F.S., Beach & Shore Preservation Act– Section 161.053, F.S.– Rule 62B-26, F.A.C.– Rule 62B-33, F.A.C. – Rule 62B-34, F.A.C.– Coastal Armoring

• S. 161.085, F.S.

• Rule 62B-33.0051, F.A.C.

• Draft Rule 62B-56

CCCL permitrequired

Coastal Building Zone

Coastal Construction Control Line

Seasonal HighWater Line

30 Year ErosionProjection

MHWLPredicted 30 Y

ear Erosion

Lim

it of 100 Y

ear

Sto

rm “E

ffects”

(Ero

sion

or 3 F

oo

t Wave)

Zones of Coastal Regulation in Florida

1,500 or 5,000 ft.

Siting and Design ConsiderationsSiting and Design Considerations• Provide adequate setback between development and dune systemProvide adequate setback between development and dune system• Site major structures landward of the 30 year erosion projectionSite major structures landward of the 30 year erosion projection• Limit excavation and minimize removal of dune stabilizing Limit excavation and minimize removal of dune stabilizing

vegetationvegetation• Construction should not cause impacts to adjacent propertiesConstruction should not cause impacts to adjacent properties• Avoid “Take” of Marine Turtle Nesting HabitatAvoid “Take” of Marine Turtle Nesting Habitat

•Minor Impacts - MinimizeMinor Impacts - Minimize•Adverse Impacts - Minimize and MitigateAdverse Impacts - Minimize and Mitigate•Rebuilding - Seek Net ImprovementRebuilding - Seek Net Improvement•Significant Adverse Impacts - Deny Significant Adverse Impacts - Deny ApplicationApplication

Types or CCCL Types or CCCL AuthorizationsAuthorizations•Development Agreements

•Field Permits

•Administrative Permits -Individual Permit

-Areawide - Issued to local governments and utility companies

•General Permits

•Emergency Permits

•Exemptions

Issued by the local field inspector for minor activities Issued by the local field inspector for minor activities within their delegationwithin their delegation..

Field PermitsField Permits

Examples: dune walkovers, Examples: dune walkovers, decks, storage sheds, privacy decks, storage sheds, privacy walls, driveways, etc.walls, driveways, etc.

Field Inspector for Florida’s eastern panhandle is Lori Ortega

1-877-314-1329

and the Permit Manager is Valerie Jones

1-850-921-7849

Examples: single and Examples: single and multifamily dwellings, multifamily dwellings, swimming pools, coastal swimming pools, coastal armoring, etc.armoring, etc.

Administrative PermitsAdministrative Permits

CHAPTER 62B-34, GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE

COASTAL CONSTRUCTION CONTROL LINE

Definitions 62B-34.010

Purpose 62B-34.020

Application Procedures 62B-34.030

Application Fees and Information Requirements 62B-34.040

General Conditions 62B-34.050

General Permit for Non-habitable Major

Structures and Associated Minor Structures or Activities. 62B-34.060

General Permit for Single Family Dwellings and

Associated Minor Structures or Activities. 62B-34.070

CHAPTER 62B-34, GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL

CONSTRUCTION CONTROL LINE

Effective Date March 27, 2003

Emergency Permitting

Emergency Permitting Agency

EmergencyFinalOrder

Exemptions are granted for...Exemptions are granted for...Exemptions are granted for...Exemptions are granted for...

• Grandfathering - Existing structures or structures under Grandfathering - Existing structures or structures under construction at the time of the CCCL reestablishment. construction at the time of the CCCL reestablishment.

• Improvements to existing structures which remain with Improvements to existing structures which remain with the existing foundation limits and do not include the existing foundation limits and do not include foundation work. Example: Second floor additionfoundation work. Example: Second floor addition

• Activities which are determined not to cause measurable Activities which are determined not to cause measurable interference or adverse impact to coastal system. interference or adverse impact to coastal system. Examples of these types of activities include minor Examples of these types of activities include minor maintenance of bulkheads and seawalls and repairs to maintenance of bulkheads and seawalls and repairs to swimming pools.swimming pools.

• Grandfathering - Existing structures or structures under Grandfathering - Existing structures or structures under construction at the time of the CCCL reestablishment. construction at the time of the CCCL reestablishment.

• Improvements to existing structures which remain with Improvements to existing structures which remain with the existing foundation limits and do not include the existing foundation limits and do not include foundation work. Example: Second floor additionfoundation work. Example: Second floor addition

• Activities which are determined not to cause measurable Activities which are determined not to cause measurable interference or adverse impact to coastal system. interference or adverse impact to coastal system. Examples of these types of activities include minor Examples of these types of activities include minor maintenance of bulkheads and seawalls and repairs to maintenance of bulkheads and seawalls and repairs to swimming pools.swimming pools.

Partial list of exempted activities underPartial list of exempted activities under s. 161.053(12)(c) and 62B-33.004(2) s. 161.053(12)(c) and 62B-33.004(2)(c)(c)

• Beach furnitureBeach furniture• Portable lifeguard standsPortable lifeguard stands• Removal of derelict structures provided Removal of derelict structures provided

there is no excavation and no disturbance there is no excavation and no disturbance to topography or dune vegetationto topography or dune vegetation

• Temporary emergency beach accessTemporary emergency beach access• Temporary excavation for the repair to Temporary excavation for the repair to

subgrade utilitiessubgrade utilities• Maintenance or repairs to roadsMaintenance or repairs to roads

CCCL regulatory activities to CCCL regulatory activities to be addressed under the HCPbe addressed under the HCP• Coastal ArmoringCoastal Armoring• Post-storm emergency permitting activitiesPost-storm emergency permitting activities• New construction, rebuilding or redevelopmentNew construction, rebuilding or redevelopment (i.e. residences, hotels, condominiums, etc.)(i.e. residences, hotels, condominiums, etc.)• Ancillary structures and excavation/fill activities Ancillary structures and excavation/fill activities

associated with coastal developmentassociated with coastal development (i.e. parking lots, swimming pools, decks, cabanas, (i.e. parking lots, swimming pools, decks, cabanas,

etc.)etc.)• Public InfrastructurePublic Infrastructure• Beach berm or dune restorationBeach berm or dune restoration• Beach cleaningBeach cleaning

Coastal ArmoringCoastal Armoring

South Ponte Vedra, St. Johns County, R-88

More Coastal ArmoringMore Coastal Armoring

Walton County, WL-914 AR ATF

Emergency PermittingEmergency Permitting

Jupiter Beach Park, Palm Beach County, R-14

DEP Emergency Final Order authorizes local DEP Emergency Final Order authorizes local governments to perform the following governments to perform the following

activitiesactivities

• Removal of hurricane-generated debrisRemoval of hurricane-generated debris

• Repairs to public facilities: utilities, roads, Repairs to public facilities: utilities, roads, and beach access rampsand beach access ramps

• Return of sand to the beach deposited Return of sand to the beach deposited upland by the hurricaneupland by the hurricane

• Issue permits to property owners to secure Issue permits to property owners to secure structures, repairs to buildings that do not structures, repairs to buildings that do not constitute a substantial improvement, etc.constitute a substantial improvement, etc.

Upon declaration of a shoreline emergency, Upon declaration of a shoreline emergency, DEP implements emergency permitting DEP implements emergency permitting procedures to authorize the repair or procedures to authorize the repair or replacement of structures replacement of structures

• Repair or replacement of major Repair or replacement of major structures that constitutes a structures that constitutes a substantial improvementsubstantial improvement

• Repair or reconstruction of coastal Repair or reconstruction of coastal armoringarmoring

• Dune or beach berm restorationDune or beach berm restoration• Emergency permits are not issued for Emergency permits are not issued for

permanent structures that did not permanent structures that did not exist before the emergencyexist before the emergency

New Construction or New Construction or Redevelopment - Azure Condo Redevelopment - Azure Condo formerly the BayMar Hotelformerly the BayMar Hotel

DEP Permit DA-447, Dade County, R-32

Other structures/activities associated Other structures/activities associated with new construction or with new construction or

redevelopmentsredevelopments • Excavation and fillExcavation and fill• Ancillary structures: parking garages, Ancillary structures: parking garages,

swimming pools, cabanas, dune swimming pools, cabanas, dune walkovers, etc.walkovers, etc.

• Beach-front lightingBeach-front lighting• Storm-water facilitiesStorm-water facilities• LandscapingLandscaping• Dune restorationDune restoration

Public InfrastructurePublic Infrastructure

Public Buildings, Roads, Bridges, Lifeguard Stations, Boardwalks, Bathhouses, Pavilions, Parking Lots, Vehicular Beach Access Ramps Storm-Water Outfalls, etc.

DUNE RESTORATIONDUNE RESTORATION

Jaycee Park, Indian River County North St. Lucie County

Beach CleaningBeach Cleaning

Collect trash on or near the surface by use of a machine that pulls a rake or other implement that penetrates no more than 2 inches below grade

Desired Outcomes for the Desired Outcomes for the CCCL ProgramCCCL Program

• Enhanced protection of Florida’s Enhanced protection of Florida’s environmental resourcesenvironmental resources

• Creation of new partnerships between Creation of new partnerships between the DEP and local governments the DEP and local governments

• Improved communication between Improved communication between DEP’s CCCL program staff and all DEP’s CCCL program staff and all stakeholdersstakeholders

• More effective post storm response More effective post storm response

Thank YouThank You

Gene Chalecki, P.E.Program Administrator

FDEP Bureau of Beaches and Coastal Systemsgene.chalecki@dep.state.fl.us