161.052 Coastal construction and excavation; regulation.—
(1) No person, firm, corporation, municipality, county, or other public agency shall excavate or construct any dwelling house, hotel, motel, apartment building, seawall, revetment, or other structure incidental to or related to such structure, including but not limited to such attendant structures or facilities as a patio, swimming pool, or garage, within 50 feet of the line of mean high water at any riparian coastal location fronting the Gulf of America or Atlantic coast shoreline of the state, exclusive of bays, inlets, rivers, bayous, creeks, passes, and the like. In areas where an erosion control line has been established under the provisions of ss. 161.141-161.211, that line, or the presently existing mean high-water line, whichever is more landward, shall be considered to be the mean high-water line for the purposes of this section.
(2) A waiver or variance of the setback requirements may be authorized by the department in the following circumstances:
(a) The department may authorize an excavation or erection of a structure at any riparian coastal location as described in subsection (1) upon receipt of an application from a riparian owner and upon the consideration of facts and circumstances, including adequate engineering data concerning shoreline stability and storm tides related to shoreline topography, which, in the opinion of the department, clearly and unequivocally justify such a waiver or variance.
(b) If in the immediate contiguous or adjacent area a number of existing structures have established a reasonably continuous and uniform construction line closer to the line of mean high water than the foregoing, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line on written authorization from the department if such proposed structure complies with the Florida Building Code and the rules of the department. However, the department shall not contravene setback requirements established by a county or municipality which are equal to, or more strict than, those setback requirements provided herein.
(c) The department may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures.
(3) The provisions of this section shall not apply to structures intended for shore protection purposes which are regulated by s. 161.041 or to structures existing or under construction on June 27, 1970.
(4) The department may by regulation exempt specifically described portions of the coastline from the provisions of this section whenever in its judgment such portions of coastline, because of their nature, are not subject to erosion of a substantially damaging effect to the public.
(5) The setback requirements as defined herein shall not apply to any riparian coastal locations fronting the Atlantic Ocean or Gulf of America which have vegetation-type nonsandy shores.
(6) The setback requirements defined in subsection (1) shall not apply to any modification, maintenance, or repair to any existing structure within limits of the existing foundation which does not require, involve, or include any additions to, or repair or modification of, the existing foundation of that structure. Specifically excluded from this exemption are seawalls and any additions or enclosures added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure.
(7) Any coastal structure erected, or excavation created, in violation of the provisions of this section is hereby declared to be a public nuisance, and such structure shall be forthwith removed or such excavation refilled after written notice by the department directing such removal or filling. In the event that the structure is not removed or the excavation refilled as directed within a reasonable time, the department may remove such structure or fill such excavation at its own expense. The cost thereof shall become a lien upon the property of the upland owner upon which such unauthorized structure or excavation is located.
(8) Any person violating any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083. Such person shall be deemed guilty of a separate offense for each month during any portion of which any violation of this section is committed or continued.
(9) The secretary of the department may make recommendations to the Board of Trustees of the Internal Improvement Trust Fund concerning the purchase of the fee or any lesser interest in any lands seaward of the setback requirement as environmentally endangered lands or as outdoor recreation lands.
(10) A coastal county or municipality fronting on the Gulf of America or the Atlantic Ocean shall advise the department within 5 days after receipt of any permit application for construction or other activities proposed to be located within 50 feet of the line of mean high water. Within 5 days after receipt of such application, the county or municipality shall notify the applicant of the requirements for state permits.
(11) The department is authorized to adopt rules for the implementation of the following provisions of this section: excavation and construction; setback requirements; waivers or variances; exemptions; the removal of unauthorized structures or refilling of unauthorized excavations; and violations and penalties.
(12) In accordance with ss. 553.73 and 553.79, and upon the effective date of the Florida Building Code, the provisions of this section which pertain to and govern the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities shall be incorporated into the Florida Building Code. The Florida Building Commission shall have the authority to adopt rules pursuant to ss. 120.536 and 120.54 in order to implement those provisions. This subsection does not limit or abrogate the right and authority of the department to require permits or to adopt and enforce environmental standards, including but not limited to, standards for ensuring the protection of the beach-dune system, proposed or existing structures, adjacent properties, marine turtles, native salt-resistant vegetation, endangered plant communities, and the preservation of public beach access.
Cited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 138497
...Joe" herein) challenge the circuit court's order dismissing their complaint for lack of subject matter jurisdiction based upon their failure to exhaust administrative remedies. We affirm the dismissal of the complaint. In 1970, the Florida Legislature enacted section 161.052, Florida Statutes, prohibiting certain construction activities "within 50 feet of the line of mean high water at any riparian coastal location fronting the Gulf of Mexico or Atlantic coast shoreline of the state, exclusive of bays, in...
...pellate courts, not an action to "quiet title." Notwithstanding its characterization of the remedy it seeks, St. Joe's complaint is actually with the factual determination that its lands "front on the Gulf of Mexico" within the legislative intent of section 161.052, and with the resulting conclusion that the Department has jurisdiction under that statute to establish the CCCL on its property....
...eople of this state and having advanced to emergency proportions, it is hereby declared to be in the public interest that the Legislature make provision for publicly financed beach nourishment and restoration and erosion control projects... . [14] §§ 161.052(2)(b), 161.053(4), Fla....
...Palm Beach County, 315 So.2d 478 (Fla. 4th DCA 1975). [23] Compare Rural New Town, Inc. v. Palm Beach County, 315 So.2d 478 (Fla. 4th DCA 1975). [24] The state statute requires a land owner to apply for a permit to construct beyond the "dune line". § 161.052(2), Fla....
...[25] Indialantic, Fla., Code § 28-102 (1962). [26] City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307 (1942); Duval Productions, Inc. v. City of Tampa, 307 So.2d 493 (Fla. 2d DCA), cert. denied, 317 So.2d 78 (Fla. 1975). [27] See City of Miami Beach v. Lachman, 71 So.2d 148 (Fla. 1953); § 161.052(2), Fla....
...State and Local Wetlands Regulation: The Problem of Taking Without Just Compensation, 58 U.Va.L.Rev. 876 (1972). [30] See Town of Bay Harbor Islands v. Schlapik, 57 So.2d 855 (Fla. 1952); City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307 (1942). [31] Section 161.052(7), Fla....
Cited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 1835321
...construction control lines to ensure the protection of the beach-dune system, proposed or existing structures, and adjacent properties and the preservation of public beach access. § 161.053(1)(a), Fla. Stat. (2004). The Florida Legislature enacted section 161.052, Florida Statutes, in 1970 to prohibit certain construction activities "within 50 feet of the line of mean high water at any riparian coastal location fronting the Gulf of Mexico or Atlantic coast shoreline of the state, exclusive of bays, inlets, rivers, bayous, creeks, passes, and the like." St....
...In March 1973, the town adopted ordinance 149, requiring beachfront structures to be set back 50 feet from the mean high water line, or 25 feet from the bluff line of the dunes, whichever distance was greater. TR at 107, 355; P.E. 19. It acted pursuant to Fla.Stat. § 161.052 (1970), which prohibits construction of dwellings within 50 feet of the mean high water line....
Cited 3 times | Published | Florida 1st District Court of Appeal
...In support of the allegation of public nuisance, the complaint alleged violation of county ordinances of Bay County (which made the Department of Legal Affairs the enforcing agent for the ordinances) and further alleged violations of coastal construction requirements under § 161.052, Florida Statutes, and violations of Development of Regional Impact requirements under Ch....
...ent of the Bay County ordinances and that such ordinances therefore were not applicable to the project. The state also admitted that Indico Corporation's Pinnacle Port, when completed as planned, would not violate the 50-foot setback line imposed by § 161.052, Florida Statutes, and a summary judgment was entered for Indico on that issue and on the issue concerning the Bay County ordinances....
...filed an amended complaint for injunctive relief against appellee Indico Corporation to enjoin its development of three gulf-front condominium projects in the beaches area of Bay County, wherein he basically alleged: [1] "... [T]he projects violated Section 161.052, Florida Statutes, which prohibits building within 50 feet of the line of mean high water; that the projects violated Bay County Ordinances 73-2 and 73-4 which require permit from the County for certain coastal construction; that the...
...-2 and 73-4, and that such ordinances therefore were not applicable to such project. Plaintiff also admitted that defendant [appellee] Indico Corporation's Pinnacle Port when completed as planned would not violate the 50-foot setback line imposed by Section 161.052, Florida Statutes, and a Summary Judgment was entered for defendant Indico on that issue, and on the issue concerning Bay County Ordinances 73-2 and 73-4....
Cited 2 times | Published | Florida 1st District Court of Appeal
...r other predictable weather conditions. The control and setback lines call attention to the special hazards and impact associated with the use of such property. Establishment of a coastal construction control line or the 50-foot setback requirement (Section 161.052) does not preclude all development of or alteration of coastal property seaward of such lines....
Cited 1 times | Published | Florida 1st District Court of Appeal
...The location of the setback line for the full width of the subject property. 3. Plot plan of existing structures and the proposed construction or activity showing the significant distances from the proposed construction or activity to the setback line. 4. If the variance is requested under the provisions of Section 161.052(2)(b), Florida Statutes, or Section 161.053(2)(b), Florida Statutes, the survey shall show the existing structures that are considered to have established the construction line....
...(4) The Department may require such additional information as is necessary for proper evaluation of an application. (5) The Department may waive any of the above requirements if in the opinion of the Department such information is not necessary for a proper evaluation of the proposed work or activity. General Authority 161.052, 161.053, 370.021 FS. Law Implemented 161.052, 161.053, 370.021(1) FS....
...nformation. [[Image here]] ... The evidence does not establish that the Department’s projections are invalid or unreasonable. It certainly does not establish that the CCCL was determined without thought or reason, or unsupported by facts or logic. Section 161.052, Florida Statutes, adopted by the 1970 Legislature, prohibits unauthorized excavation or construction “within 50 feet of the line of mean high water at any riparian coastal location fronting the Gulf of Mexico or Atlantic coast shor...
...The 1971 Legislature adopted Section 161.053, Florida Statutes, authorizing the establishment of “coastal construction setback lines along the sand beaches of the State of Florida fronting on the Atlantic Ocean and the Gulf of Mexico.” Contrary to the language of Section 161.052, in adopting Section 161.053 the Legislature did not specifically exclude “bays, inlets, rivers, bayous, creeks, *140 passes, and the like” from areas “fronting” on the Atlantic Ocean or Gulf of Mexico for which coastal construction setback lines were to be set....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
