|
Waterfront Due Diligence
&
All Waterfront Property
owners and prospective owners should, at a minimum investigate and be aware of the answers
to the following questions. To avoid frustration, delays and undue expenses, buyers
of Waterfront Property should obtain the answers to these questions prior to closing.
Click on any question mark (?) to identify potential resources that may be useful
in providing the answers. Click on hyper-text for more details on the subject.
FEMA
Was the existing structure built
after January 1, 1975? [Note: If so, special flood plain management
regulations may apply.]
Is the property located in a
Federal Emergency Management Agency ("FEMA") special hazard zone (Zone A or Zone V)?
What is the
currently required Base
Flood Elevation ("BFE")?
For structures in FEMA A Zones, what is the elevation top of the lowest enclosed, finished floor? [Note: If this elevation is lower than the BFE, the
structure may be non-conforming. If non-conforming, the structure may be unlawful.]
For structures in FEMA V Zones, what is the elevation of the bottom of the lowest
horizontal structural member of the lowest enclosed, finished floor? [Note: If this elevation is lower than the BFE,
the structure may be non-conforming. If non-conforming, the structure may be
unlawful.]
What was the
Base Flood Elevation for the existing structure at the time of its
construction?
Is the area below the lowest
finished floor used solely for parking of vehicles, building access, or storage? [Note: If not, the structure may be non-conforming.]
Is the area below the lowest
finished floor enclosed?
Is there
furniture (bed, couch, tables, etc.) on the ground floor? [Note: If
so, the structure may be non-conforming.]
Is there a
bathroom (commode, sink, shower) on the ground floor? [Note: If so, the
structure may be non-conforming.]
Is there floor
covering (carpet, tile, vinyl) on the ground floor? [Note: If so, the
structure may be non-conforming.]
Are the ground
floor walls finished with drywall or paneling? [Note: If so, the structure
may be non-conforming.]
Are there kitchen appliances
(stove, fridge, oven) on the ground floor? [Note:
If so, the structure may be non-conforming.]
Is there a
washer and/or dryer on the ground floor? [Note: If so, the structure may be
non-conforming.]
Are there
separate walled rooms on the ground floor? [Note: If so, the structure may
be non-conforming.]
If in a FEMA A Zone, do the
walls enclosing the area below the lowest finished floor have a minimum of two openings no higher than one foot above grade having a total
net open area of not less than one square inch for every square foot of enclosed area? [Note: If not, the structure may be
non-conforming.]
If in a FEMA V Zone, are the
walls below the lowest finished floor constructed with non-supporting breakaway
walls , open wood
lattice-work, or insect screening intended to collapse under wind and water loads without
causing structural damage to the elevated portion of the building? [Note: If not, the structure may be non-conforming.]
Are any of the following
located below the base flood elevation: Electrical Outlets, Air Conditioner, Appliances,
Water Heater, Bathroom, Utility Sink?
Are other houses
in the neighborhood elevated on pilings? If so, and the existing house on
the subject property is built on grade, said structure may be
non-conforming.
If in either a FEMA A or V
Zone, does the existing building conform to current FEMA
regulations?
If the existing structure does
not conform to current FEMA regulations, when was the structure last improved?
What was the market value of
the non-conforming structure when improved?
What was the cost of the
improvements when made? [Note: If the cost of the improvements exceeds 50%
of the market value of
the structure when improved, the structure may be non-conforming or future improvements
may be limited.
If the structure does not
conform to FEMA regulations, has a variance been granted by the appropriate local
government?
COASTAL CONSTRUCTION
Is any portion of the property
or structure located seaward of the State
of Florida Coastal Construction Control Line?
Were any structures located
seaward of the State Coastal Construction Control Line ("CCCL") constructed or
modified after the establishment of the CCCL?
If so, was such construction
or modification either permitted by the Florida Department of Natural Resources or
Florida Department of Environmental Protection, or otherwise exempt from permitting
requirements? [Note: If not, such construction or modification may
be unlawful.]
If permitted, was such
construction or modification performed in accordance with all permit conditions?
Is any portion of the property
or structure located seaward of any local government coastal
setback line?
If so, were existing
structures permitted or otherwise authorized by the applicable local government? [Note: If not authorized, such structures may
be non-conforming, or unlawful.]
ADJACENT WATERS
Are the waters adjacent to the
property designated as either Outstanding Florida Waters
or an Aquatic Preserve? [Note: If yes, additional regulations apply to
construction within such waters.]
Are the bottoms
of the adjacent waters sovereign submerged lands (i.e., State owned), or are
they privately owned?
If the bottoms
of the adjacent waters are privately owned, have any easements been granted
for the use thereof?
MANGROVES
Are there any mangroves on or adjacent to the property?
Do the mangroves extend
waterward of the mean high water line?
How far waterward do the
mangroves extend from the shoreline? [Note: The extent of trimming that can be conducted on mangroves
located on sovereignty
(state-owned) submerged lands is substantially limited.]
How tall are the mangroves? [Note: Generally, mangroves less than 6
feet in height may not be trimmed. Special regulations apply to mangroves that 10, 16 and 24 feet or less in
pretrimmed height.]
Have the mangroves been
historically trimmed to maintain a distinct configuration, such as a hedge or view window?
[Note: If so, trimming may be exempt from state permitting
requirements.]
Have the mangroves been
previously trimmed in accordance with all applicable State regulations? [Note: If not, exemptions may not
apply.]
Are the mangroves protected as
being part of a mitigation area or an area included within a conservation easement?
WETLANDS
Other than mangroves, are
there any wetlands on the property?
Has there been any alteration
of the wetlands by either dredging or filling?
Was a federal, state, or local
government permit required for the observed alteration of the wetlands?
Were all required governmental
authorizations obtained prior to the alteration of the wetlands? [Note: If not, the observed alterations may be unlawful.]
May future dredging or filling
be conducted within the observed wetlands?
DREDGE AND FILL
ACTIVITIES
Are there any structures, such
as a seawall, dock, deck, or pier constructed in, on, or over adjoining waters and/or wetlands?
Was a federal, state, or local government permit required for the
construction of such structures?
Was a required federal, state,
or local government permit obtained prior to the construction of the observed structures? [Note: If not, such structures may be unlawful and
considered a public nuisance, subject to removal.]
Was the
structure constructed in accordance with all approved plans?
Has the
structure been altered since it was originally constructed?
Were all
alterations permitted by all applicable regulatory agencies?
Will a federal, state, or
local government permit be required for the maintenance, repair or replacement of existing
structures?
Are new
structures proposed for the subject property?
Will the new
structures be permittable under all applicable federal, state, and local
regulations?
If a new dock or
dock expansion is proposed, are their adequate water depths to facilitate
mooring at and access to the dock?
Are there any
seagrasses in the vicinity of the proposed dock or dock expansion?
Who owns the
submerged bottoms upon which the new dock is to be built?
If privately
owned, is there an easement granting the upland owner the right to build and
maintain a dock upon said privately owned submerged bottoms?
Are there any
private deed restrictions pertaining to the construction of docks within
waterways?
Are there any
private agreements, such as a "Joint Use Agreement" affecting the
rights to use any existing structures?
Are there any
agreements or easements granting public rights of lateral access across the
subject property?
Are there any structures
located below the mean high water line or otherwise located on state lands?
If located on state lands,
were such structures authorized by the State? [Note: If not, such structures may be unlawful and considered a public
nuisance, subject to removal.]
Is there a dredged navigation
channel adjacent to the property?
If so, was the dredged
navigation channel permitted by federal, state and local authorities? [Note: If not, continued navigable
access cannot be assured in the future.]
MISCELLANEOUS
Does the deed specify
ownership to the mean high water line,
or other statement indicating an
intention that ownership is "to the waters"?
Does the deed otherwise
reflect that the property is benefited by riparian rights?
Are there any existing or
proposed structures on neighboring properties that may adversely affect the use and
enjoyment of the subject property?
Was the property or any
structures upon the property the subject of any federal, state, or local government
enforcement action?
Are there any restrictions on
the use of the property mandated as a consequence of any enforcement actions?
Is the property burdened by a
recorded Conservation Easement?
Is there a
functioning potable (drinking) water well on the property?
Will a new
septic tank be required to facilitate use of the subject property?
Will the new
septic tank drainfield be at least 75 feet from any private potable water
well?
Will the new
septic tank drainfield be at least 75 feet from any surface water body?
Is there
presently, or has there ever been a fuel oil storage tank on the
property?
CLICK
HERE FOR A LIST OF WATERFRONT REALTORS
back home next
[Home][Checklist][Property
Listings] [Environmental
Permits] [Wetlands]
[Endangered Species]
[Mangrove Regulations]
[Coastal
Construction] [Newsletter]
[David M. Levin,Esq.]
[Professional]
[Links]
Presented as a Public Service by David
M. Levin, Esq.
and Icard,Merrill,Cullis,Timm,Furen&Ginsburg,P.A.
110 Sullivan
Street, Suite 112
Punta Gorda, Florida 33950
941.833.9244
dlevin@icardmerrill.com
|
Icard, Merrill,
Cullis, Timm, Furen & Ginsburg, P.A. 