Coastal Construction is
regulated by a variety of jurisdictions. The State of Florida has established Coastal Construction Control Lines (CCCL) on
a county-by-county basis to define that portion of the beach-dune system which is subject
to severe fluctuations following major storm events. The purpose of the CCCL is to
preserve and protect coastal barrier dunes and adjacent beaches from imprudent
construction which can jeopardize the stability of the beach-dune system, accelerate
erosion, and provide inadequate protection for upland structures.
Permits from the Florida Department of
Environmental Protection,
Bureau of Beaches and Coastal Systems are required for most structures constructed seaward
of the established CCCL.
Limited exemptions from permitting requirements are available. For
example, the modification, maintenance, or repair of existing structures within the limits
of existing foundations, which do not result in any addition to, repair or modification of
the foundation itself, is exempt. Additionally, additions or enclosures added above the
first dwelling floor may also be exempt from CCCL permitting.
DEP regulations specify detailed
siting
and engineering design criteria
which must be satisfied before a permit will be issued for construction seaward of the
CCCL.
Typically, for example, a proposed residential structure must be
located as far landward as possible, must be elevated above the calculated storm surge
associated with a 100-year storm event, and occupy no more than 60% of the width of the
lot upon which is to be erected. The structure must be constructed on pilings with ground
level walls constructed of breakaway material.
Counties and
municipalities also regulate coastal construction by incorporating within local building
codes regulations established by the Federal Emergency Management Agency (FEMA). Local
enforcement of FEMA regulations is required to enable local governments to participate in
the National Flood Insurance Program affording federally subsidized insurance to its
residents.
Counties and municipalities may also impose
their own setbacks from the Gulf of Mexico to limit the seaward
location of residential structures. Sarasota County, for example, has established a Gulf
Beach Setback Line, located between the mean high water line and the state CCCL.
While the State CCCL is a line of permitting
jurisdiction, Sarasota County's Gulf Beach Setback Line is a line of prohibition.
According to Sarasota County's Ordinance, construction seaward of the Gulf Beach Setback
Line is prohibited.
Sarasota County does exempt from its
prohibition certain minor structures such as decks, dune walk-over structures, and stairs.
Construction of residences seaward of the Gulf Beach Setback Line may be conducted only if
a variance is granted by the Sarasota County Board of County Commissioners upon a
demonstration of an "unusual hardship".
The relative location of
jurisdictional lines within Sarasota County is depicted above. The red line
represents the location of the State Coastal Construction Control Line. The yellow line is the Sarasota County Gulf Beach Setback Line. The
blue line
is the location of the mean high water line.
FEMA
REGULATIONS
The goal of the National Flood Insurance Program
("NFIP"), administered by Federal Emergency Management Agency ("FEMA")
is to reduce losses through regulation of construction. FEMA regulations are
enforced by local communities through building and zoning codes.
The primary objective of FEMA is to elevate the habitable portion of
structures above flood waters.
FEMA prepares Flood Insurance Rate Maps ("FIRM") delineating
flood risk zones. Properties along the Gulf of Mexico are typically located either
in a FEMA "A" Zone, or "V" Zone, or both.
As depicted in the figure above, FEMA "V" Zones reflect areas
which are subject to flood waters with the greatest velocity, i.e., closest to the Gulf.
FEMA "A" Zones are generally located immediately landward from FEMA
"V" Zones. Each Zone has special construction design requirements for structures
to be located within said area.
FEMA regulations are designed to require vulnerable structures to be
elevated above the flood waters associated with a 100-year storm event, the "Base Flood". FIRM maps depict the required
Base Flood Elevation ("BFE") associated with the designated FEMA Flood
Zone. The paranthetical number shown with the designated FEMA Zone on the figure
above represents the applicable Base Flood Elevation.
FEMA "A" Zone
Restrictions
In an "A Zone", the top of lowest
habitable floor must be elevated above the Base Flood Elevation ("BFE").
Areas below the BFE can only be used for parking, storage, or access.
Walls below the BFE must have openings (shown as
"foundation opening" above) to permit entry and exit of flood waters.
A typical conforming house in an "A Zone" would look like
this:
FEMA "V" Zone
Restrictions
In a FEMA "V" Zone, the bottom of lowest horizontal structural member
supporting the lowest habitable floor must be elevated to or above the BFE. The space
below the BFE must be free of obstructions. Areas below the BFE must be used for
open space, storage, or access. Standard electrical outlets, appliances, air
conditioning equipment, and bathrooms are prohibited below the BFE. Walls below the
BFE must be of break-away design.
A typical conforming house in a FEMA "V" Zone would look like
this:
ALL NEW STRUCTURES BUILT AFTER JANUARY 1, 1975 AND ALL
"SUBSTANTIAL IMPROVEMENTS" TO EXISTING STRUCTURES MUST CONFORM TO CURRENT FEMA
FLOOD ZONE RESTRICTIONS.
STRUCTURES AND ADDITIONS WHICH DO NOT CONFORM TO FEMA RESTRICTIONS MAY
BE ILLEGAL.
FEMA 50% RULE
Any reconstruction, repair, addition or other improvement, the cost of
which exceeds or equals 50% of the market value of the structure before the start of
construction, is deemed to be a "substantial improvement".
If the improvement either alone, or in combination with the cost of
improvements over the past five years exceeds or equals 50% of the market value of the
structure, the existing structure must the brought into compliance with FEMA regulations.
Example: In 1995 a structure valued at $200,000 was renovated at a cost
of $99,999. In the absence of the appreciation in market value of the structure after the
renovations, no further repairs, reconstruction, or improvements can be performed until
the year 2000 without retrofitting the structure to comply with FEMA regulations.
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. 
