Florida Administrative Code
62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
62B - Beaches and Coastal Systems
Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK)
Section 62B-33.0051 - Coastal Armoring and Related Structures

Universal Citation: FL Admin Code R 62B-33.0051

Current through Reg. 50, No. 187; September 24, 2024

(1) General Armoring Criteria. In determining the appropriate means to protect existing private structures and public infrastructure from damage from frequent coastal storms, applicants should be aware that armoring may not be the only option for providing protection. Applicants are encouraged to evaluate other protection methods such as foundation modification, structure relocation, and dune restoration. If armoring (other than through the use of geotextile containers as the core of a reconstructed dune, which are governed exclusively by Chapter 62B-56, F.A.C.), is the selected option, the following siting, design, and construction criteria shall apply in order to minimize potential adverse impacts to the beach and dune system:

(a) Construction of armoring shall be authorized under the following conditions:

1. The proposed armoring is for the protection of an eligible structure; and,

2. The structure to be protected is vulnerable. The determination of vulnerability will be made utilizing the dune erosion model contained in the report entitled "Erosion due to High Frequency Storm Events, " by the University of Florida, dated November 22, 1995, which is incorporated herein by reference. Where direct application of the model shows that the structure to be protected is not vulnerable, but the construction otherwise meets the requirements of this rule chapter, an applicant may further demonstrate vulnerability by taking into account the effects of shoreline change rates, natural physical features, and existing manmade structures in accordance with the following circumstances:

a. If it is projected that the eligible structure will become vulnerable at some future date which falls within the authorized time limit of a permit, then the permit shall authorize the construction of armoring once the anticipated site condition changes occur and the structure becomes vulnerable. The permit shall allow additional time to allow for construction operations and appropriate timing to avoid construction during the marine turtle nesting season.

b. Where there are multiple eligible structures in close proximity to one another, but not all of the structures are vulnerable and shoreline trends indicate continued erosion stress on the shoreline, and the Department determines through the use of numerical modeling and engineering analysis that the construction of armoring for only the vulnerable structures would cause the adjacent structures to become vulnerable following installation of the armoring, then all the eligible structures are considered vulnerable.

c. Where an eligible structure is located on a dune or escarpment and the dune erosion model predicts that the erosion from a 15-year return interval storm would fall landward of the existing dune crest or escarpment and seaward of the eligible structure, and where the applicant has provided the Department appropriate geotechnical analysis by a qualified professional engineer specialized in geotechnical or foundation engineering which demonstrates that the structure would be in danger of imminent collapse following the occurrence of erosion from a 15-year return interval storm. Imminent collapse means the structure's foundation will fail due to its own weight under normal conditions, resulting in structural damage to the supported structure.

d. Where an applicant demonstrates to the Department that another site specific circumstance exists other than listed in sub-subparagraphs 62B-33.0051(1)(a) 2.a. through c., F.A.C., such that the eligible structure is vulnerable; or

3. A gap exists, that does not exceed 250 feet, between a line of rigid coastal armoring that is continuous on both sides of the unarmored property. Such adjacent armoring shall not be deteriorated, dilapidated, or damaged to such a degree that it no longer provides adequate protection to the upland property. The top of the adjacent armoring must be at or above the still water level, including setup, for the design storm of a 15-year return interval storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination. The adjacent armoring must be stable under the design storm of 15-year return interval storm, including maximum localized scour with adequate penetration, and must have sufficient continuity or return walls to prevent upland erosion and flooding under the design storm of 15-year return interval storm. Such installation shall:

a. Be sited no farther seaward than the adjacent armoring;

b. Close the gap between the adjacent armoring;

c. Avoid significant adverse impacts to marine turtles;

d. Not exceed the highest level of protection provided by the adjoining walls; and,

e. Comply with the requirements of Section 161.053, F.S.

4. The armoring shall not result in a loss of public access along the beach without providing alternative public access;

5. The construction will not result in a significant adverse impact.

(b) Where all permit criteria of this rule have been met, but a beach nourishment, beach restoration, sand transfer, or other project which would provide protection for the vulnerable structure is scheduled for construction within nine months and all permits and funding for the project are available, then no permit for armoring shall be issued.

(c) Minor reconstruction of existing armoring is exempt from the conditions of paragraph 62B-33.0051(1)(a), F.A.C., provided that the proposed construction would not result in a significant adverse impact.

(d) Major reconstruction of existing armoring is exempt from the requirements of subparagraph 62B-33.0051(1)(a) 2., F.A.C., unless the habitable structure protected by the armoring has been destroyed to the extent that it requires rebuilding.

(2) Siting and Design. Armoring shall be sited and designed to minimize adverse impacts to the beach and dune system, marine turtles, native salt-tolerant vegetation, and existing upland and adjacent structures and to minimize interference with public beach access, in accordance with the following criteria:

(a) Siting. Armoring shall be sited as far landward as practicable to minimize adverse impacts while still providing protection to the vulnerable structure. In determining the most landward practicable location, the following criteria apply:

1. Excavation shall be the minimum required to properly install the armoring and shall not result in the destabilization of the beach and dune system seaward of the armoring or have an adverse impact on upland structures.

2. If armoring must be located close to the dune escarpment in order to meet the criteria listed above and such siting would result in destabilization of the dune causing damage to the upland structure, the armoring shall be sited seaward of, and as close as practicable to, the dune escarpment.

3. Armoring shall be sited a sufficient distance inside the property boundaries to prevent destabilizing the beach and dune system on adjacent properties or increasing erosion of such properties during a storm event. Return walls shall be sited as close to the building as practicable while ensuring the building is not damaged and space is allowed for maintenance.

4. Existing armoring in need of major reconstruction, whose alignment either interferes with movement of sediment material along the beach or causes significant adverse impacts, shall be relocated consistent with the siting requirements of subsection 62B-33.0051(2), F.A.C.

5. When construction of armoring interferes with public access along the beach, the permittee shall provide alternative access.

(b) Design. Armoring shall be designed to provide protection to vulnerable structures while minimizing adverse impacts and shall be designed consistent with generally accepted engineering practice. The following criteria apply:

1. Coastal armoring structures shall be designed for the anticipated runup, overtopping, erosion, scour, and water loads of the design storm event. Design procedures are available in the latest edition of the Department of the Army Corps of Engineers' Coastal Engineering Manual (EM 1110-2-1100), or other similar professionally recognized publications.

2. To minimize adverse impacts to the beach and dune system, adjacent properties, and marine turtles, the shore-normal extent of armoring which protrudes seaward of the dune escarpment, vegetation line, or onto the active beach shall be limited to minimize encroachment on the beach. In areas with viable marine turtle habitat, the highest part of any toe scour protection shall be located to minimize encroachment into marine turtle nesting habitat.

3. All armoring shall be designed to remain stable under the hydrodynamic and hydrostatic conditions for which they are proposed. Armoring shall provide a level of protection compatible with existing topography, not to exceed a 50-year design storm.

4. Armoring shall be designed to minimize interference with public access along the beach.

5. Armor stone, including that used for toe scour protection, shall have a minimum dry unit weight of 135 pounds per cubic foot. In locations where there is potential for adverse impacts on marine turtles and their habitat, armor stone, except that used for toe scour protection, shall have a minimum dry unit weight of 150 pounds per cubic foot to reduce the armoring footprint. Armor stone shall be durable, hard, and free from laminations and weak cleavages, and sound enough to avoid fracturing under the design storm forces.

6. Armoring which utilizes any construction material other than stone in the construction shall be designed to meet both the requirements outlined in subparagraph 62B-33.0051(2)(b) 5., F.A.C., and the unit weight, strength, and durability requirements generally accepted by the engineering community for use in the marine environment.

7. Armoring, which utilizes sand-filled geotextile containers as the core of a reconstructed dune for dune stabilization or restoration activities is not authorized under this rule. These structures are governed under Chapter 62B-56, F.A.C.

(c) The applicant shall provide the Department with certification by a professional engineer licensed in the State of Florida that the design plans and specifications submitted as part of the permit application are in compliance with this rule chapter.

(3) Marine Turtle Protection. Construction of armoring shall not be conducted during the marine turtle nesting season if the Department determines that the proposed construction will result in a significant adverse impact, except as allowed under subsection 62B-33.0051(6), F.A.C., or unless under the provisions of Rule 62B-33.014, F.A.C., emergency permitting procedures are enacted. No additional armoring shall be permitted on public lands in the Archie Carr National Wildlife Refuge. For the purposes of this provision, public lands means lands owned by local, state, or federal governments, or any lands acquired for the specific purpose of allowing them to be managed as part of the refuge. This ban does not apply where armoring is necessary, and there is no reasonable alternative, to protect public infrastructure as that term is defined in Section 161.085, F.S.

(4) In addition to the requirements provided in this rule section, armoring shall meet all other applicable provisions of this rule chapter.

(5) Emergency Protection. Upon the occurrence of a coastal storm which causes erosion of the beach and dune system such that existing structures have either become damaged or vulnerable to damage from a subsequent frequent coastal storm, pursuant to Section 161.085, F.S., the governmental entity may take emergency protection measures to protect public infrastructure and private structures within its jurisdiction. Alternatively, upon declaring a shoreline emergency and providing notification to affected property owners and to the Department, the governmental entity may issue permits authorizing private property owners within their jurisdiction to protect their private structures. Local governments shall not authorize the use of geotextile containers. Emergency protection measures shall be subject to the following:

(a) If the Department has declared a shoreline emergency pursuant to this rule chapter and affected governmental entities do not provide for emergency protection permits, pursuant to Section 161.085, F.S., and this rule section, then private property owners must obtain such permits from the Department prior to construction.

(b) Emergency protection timelines shall be as follows:

1. If a governmental entity declares a localized emergency event and the Department does not issue an emergency final order, emergency protection measures shall be taken within 30 days after the initial erosion event. Delay in providing protection measures in excess of 30 days from the declaration of emergency shall result in a finding of no emergency, and emergency protection pursuant to this rule section shall no longer be authorized. Governmental entities may extend this period up to 30 additional days upon their revalidation of the emergency conditions.

2. If the state of Florida declares a shoreline emergency, emergency protection measure timelines for activities considered under section 161.085, F.S., shall be concurrent with the Department's emergency final order timelines.

(c) Measures used for temporary protection shall be the minimum required as determined by the governmental entity pursuant to Section 161.085, F.S., to protect the structure from imminent collapse. Armoring or other measures shall be sited and designed to minimize excavation of the beach and frontal dune; impacts to existing native coastal vegetation, marine turtles, and adjacent properties; and encroachment onto the beach. Temporary protection shall be sited and designed to facilitate removal.

(d) Other measures used for temporary protection include the following:

1. Temporary reinforcement of foundations, placement of sandbags, and construction of protective sand berms. Sand used to fill sandbags or construct protective berms shall be beach compatible material and be obtained from an upland source. Excavation of the beach face or near shore area shall require a permit from the Department, pursuant to this rule chapter. Any excavation that occurs below the mean high water line on sovereignty lands is subject to the provision of Section 161.041 and Chapter 253, F.S. Sandfilled geotextile containers used as the core of a reconstructed dune for dune stabilization or restoration activities are not authorized under this rule. These structures are governed under Chapter 62B-56, F.A.C.

2. Construction of temporary wooden retaining walls, cantilever sheetpile walls (without concrete caps, tiebacks, or other reinforcement), or similar structures.

(e) Construction debris resulting from the coastal storm shall not be buried.

(f) Construction debris shall not be used for emergency protection. Any materials used for emergency protection shall either comply with the materials criteria in paragraph 62B-33.0051(2)(b), F.A.C., or shall be clean and easily removed or designed to assimilate into the natural environment without damage to the beach and dune system or marine turtles nesting habitat.

(g) Temporary structures shall be removed within 60 days of installation unless a complete application for a permit seeking authorization to retain the temporary structure or to provide alternative protection has been provided to the Department pursuant to Sections 161.053 and 161.085, F.S. In order for a temporary structure to remain in place, it must be permitted and meet all eligibility, siting, and design criteria for permanent armoring provided in this rule chapter.

(h) No activities shall result in a significant adverse impact.

(i) Under Section 161.085, F.S., if installation of a temporary emergency protection structure has caused, is causing, or has the reasonable potential to cause a significant adverse impact, the governmental entity that authorized the structure shall conduct or require appropriate action to eliminate any significant adverse impact.

(j) The Department shall require mitigation of any adverse impacts caused by emergency protection structures. In addition, the Department shall require removal of a temporary emergency protection structure if a significant adverse impact, as defined in Rule 62B-33.002, F.A.C., occurs.

(k) If installation of emergency protection structures occurs during the marine turtle nesting season, the following measures for the protection of marine turtles shall be implemented prior to siting and during installation of the emergency protection structure:

1. The Department shall be contacted for information on appropriate siting of the emergency structure to minimize impacts to marine turtles and provided with the location of any known marine turtle nests within the area of the proposed project.

2. Temporary emergency protection structures shall be sited and constructed in a manner that protects marine turtles.

3. Construction and storage of equipment or materials shall be conducted from or located at upland locations landward of the nesting beach.

4. In order to be prepared for coastal emergencies, local governmental entities who anticipate installing or authorizing emergency coastal protection structures should obtain a federal Endangered Species Act, Section 10, Incidental Take authorization from the United States Fish and Wildlife Service through the development of a marine turtle habitat conservation plan.

(l) Governmental entities shall notify the Department's Office of Resilience and Coastal Protection, within three (3) working days of installing or authorizing the installation of any armoring pursuant to this rule section (overnight delivery to Florida Department of Environmental Protection, Office of Resilience and Coastal Protection, 2600 Blair Stone Road, MS #3522, Tallahassee, Florida 32399, or facsimile copy to (850)245-2094)) or to the following address: CCCL@dep.state.fl.us. Notification shall include:

1. A description of the structure, including a sketch and location;

2. The name and address of the property owner; and,

3. The date of installation.

(m) Other authorizations under Chapters 253, 258, 373 and 379, F.S., are necessary to conduct activities below mean high water.

(6) The provisions of this rule section shall apply until the following measures to reduce the threat of erosion damage to upland property and structures within the specific fixed coastal cells of a coastal region have been taken:

(a) The shoreline has been restored such that private structures and public infrastructure are no longer vulnerable to frequent coastal storms; and,

(b) The shoreline restoration project provides authority for future nourishment to maintain the level of protection; or

(c) Where applicable, an inlet management plan has been adopted by the Department and implemented by the governmental entity having jurisdiction over the inlet.

Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(1), (2), (3), (4), (6), (8) FS.

New 9-12-96, Amended 1-26-98, 8-27-00, 7-1-01, 6-13-04, 7-3-05, 5-31-07, 7-17-08.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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