Bureau of Beaches and Coastal Systems F lorida’s Coastal Construction Control Line Program

1. Bureau of BeachesandCoastal SystemsFlorida’s Coastal Construction Control Line Program A Coastal Hazard Mitigation Program That Works Gene Chalecki, P.E. Program Administrator FDEP – Bureau of Beaches and Coastal Systems gene.chalecki@dep.state.fl.us

2. The Initiative Develop a Habitat Conservation Plan to Address Activities Regulated under the State of Florida’s CCCL Regulatory Program

3. Discussion Outline • Brief description of the Bureau’s Beach Management Program • Provide overview of the CCCL Regulatory Program • Describe regulated CCCL activities to be considered under the HCP • Closing comments

4. Program Authority Beach & Shore Preservation Act Chapter 161, Florida Statutes Enacted in 1965

5. Bureau of Beaches and Coastal Systems Mission: “To Restore, Protect and Manage Florida’s Coastal System.” Comprehensive Beach Management Local Government Fiscal Assistance Program Regulatory ProgramsCCCL JCP Coastal Engineering Coastal Hydrodynamics, sediment processes, and geology Coastal Data & Analysis Shoreline Surveying & Monitoring, Special StudiesModeling, GIS

6. 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

7. Local Government Financial and Technical Assistance • State funding for up to 50% of cost of planning, designing, constructing and monitoring beach restoration and nourishment projects in Florida • Bureau Project Managers

8. Joint Coastal Permit Activities Requiring a JCP: • beach restoration • construction of piers, groins and breakwaters • maintenance of inlets & inlet-related structures • dredging of navigation channels w/beach disposal Applicable State Laws: Chapter 161, F.S. (Coastal Construction Permit) Chapter 373, F.S. (ERP or Dredge & Fill Permit) Chapter 253, F.S. (Sovereign Submerged Lands Approval)

9. Data Collection

10. Analysis & Products

11. Post-Storm Damage Assessment Field Inspector’s Reports Aerial Photography/Videography Coastal Engineering Evaluations

12. Coastal Construction Control Line What the CCCL is: • Line of jurisdiction for CCCL permitting program • Defines portion of beach-dune system subject to severe fluctuations associated w/100-yr. storm • Only established on sandy beaches • Line established by Rule (Chapter 62B-26, F.A.C.)

13. Coastal Construction Control Line What the CCCL is not: A setback line (line of no construction)

14. Coastal Construction Control Line Regulatory Program The purpose of regulation is to ensure the protection of ... • the beach-dune system • proposed or existing structures, and • adjacent properties, and • the preservation of public beach access.

15. Regulatory 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 • 1978 Coastal Construction Control Line (Replaces Setback Line)

16. Florida 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, aDEP environmental permit is still required for proposed activities seaward of the CCCL.

17. Pre-Storm Condition FEMA VE ZONE CCCL (1991) CCSL (1976) PRE-OPAL

18. CCCL vs. Erosion Limits CCCL FEMA VE ZONE POST OPAL

19. Counties that have a CCCL?

20. Governing 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

21. Coastal Building Zone Coastal Construction Control Line 1,500 or 5,000 ft. 30 Year Erosion Projection Seasonal High Water Line MHWL CCCL permit required Limit of 100 Year Storm “Effects” (Erosion or 3 Foot Wave) Predicted 30 Year Erosion Zones of Coastal Regulation in Florida

22. Siting and Design Considerations Provide adequate setback between development and dune system Site major structures landward of the 30 year erosion projection Limit excavation and minimize removal of dune stabilizing vegetation Construction should not cause impacts to adjacent properties Avoid “Take” of Marine Turtle Nesting Habitat Minor Impacts - Minimize Adverse Impacts - Minimize and Mitigate Rebuilding - Seek Net Improvement Significant Adverse Impacts - Deny Application

23. Types or CCCL Authorizations • Development Agreements • Field Permits • Administrative Permits -Individual Permit -Areawide - Issued to local governments and utility companies • General Permits • Emergency Permits • Exemptions

24. Field Permits Issued by the local field inspector for minor activities within their delegation. Examples: dune walkovers, decks, storage sheds, privacy 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

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

26. CHAPTER 62B-34, GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE Effective Date March 27, 2003

27. Agency Emergency Final Order Emergency Permitting

28. Exemptions are granted for... • Grandfathering - Existing structures or structures under construction at the time of the CCCL reestablishment. • Improvements to existing structures which remain with the existing foundation limits and do not include foundation work. Example: Second floor addition • Activities which are determined not to cause measurable interference or adverse impact to coastal system. Examples of these types of activities include minor maintenance of bulkheads and seawalls and repairs to swimming pools.

29. Partial list of exempted activities under s. 161.053(12)(c) and 62B-33.004(2)(c) • Beach furniture • Portable lifeguard stands • Removal of derelict structures provided there is no excavation and no disturbance to topography or dune vegetation • Temporary emergency beach access • Temporary excavation for the repair to subgrade utilities • Maintenance or repairs to roads

30. CCCL regulatory activities to be addressed under the HCP • Coastal Armoring • Post-storm emergency permitting activities • New construction, rebuilding or redevelopment (i.e. residences, hotels, condominiums, etc.) • Ancillary structures and excavation/fill activities associated with coastal development (i.e. parking lots, swimming pools, decks, cabanas, etc.) • Public Infrastructure • Beach berm or dune restoration • Beach cleaning

31. Coastal Armoring South Ponte Vedra, St. Johns County, R-88

32. More Coastal Armoring Walton County, WL-914 AR ATF

33. Emergency Permitting Jupiter Beach Park, Palm Beach County, R-14

34. DEP Emergency Final Order authorizes local governments to perform the following activities • Removal of hurricane-generated debris • Repairs to public facilities: utilities, roads, and beach access ramps • Return of sand to the beach deposited upland by the hurricane • Issue permits to property owners to secure structures, repairs to buildings that do not constitute a substantial improvement, etc.

35. Upon declaration of a shoreline emergency, DEP implements emergency permitting procedures to authorize the repair or replacement of structures • Repair or replacement of major structures that constitutes a substantial improvement • Repair or reconstruction of coastal armoring • Dune or beach berm restoration • Emergency permits are not issued for permanent structures that did not exist before the emergency

36. New Construction or Redevelopment - Azure Condo formerly the BayMar Hotel DEP Permit DA-447, Dade County, R-32

37. Other structures/activities associated with new construction or redevelopments • Excavation and fill • Ancillary structures: parking garages, swimming pools, cabanas, dune walkovers, etc. • Beach-front lighting • Storm-water facilities • Landscaping • Dune restoration

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

39. DUNE RESTORATION Jaycee Park, Indian River County North St. Lucie County

40. Beach 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

41. Desired Outcomes for the CCCL Program • Enhanced protection of Florida’s environmental resources • Creation of new partnerships between the DEP and local governments • Improved communication between DEP’s CCCL program staff and all stakeholders • More effective post storm response

42. Thank You Gene Chalecki, P.E. Program Administrator FDEP Bureau of Beaches and Coastal Systems gene.chalecki@dep.state.fl.us