Florida Administrative Code
62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
62B - Beaches and Coastal Systems
Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE
Section 62B-34.055 - Minor Structures
Universal Citation: FL Admin Code R 62B-34.055
Current through Reg. 50, No. 187; September 24, 2024
(1) Applicability. Minor structures shall qualify for a General Permit, subject to the criteria and conditions set forth in this chapter.
(2) Siting. The seaward limit of construction for minor structures allowed under this rule shall be as follows:
(a) Dune walkover structures, beach stairs,
and flexible on-grade walkways required to provide beach access shall extend no
more than 10 feet seaward of the vegetation line, the toe of the frontal dune,
or coastal armoring, whichever is most seaward. Unroofed decks attached to and
cantilevered no more than two feet from the walkover structure shall be located
landward of the frontal dune crest or bluff, or coastal armoring, whichever is
most landward. Single family residential dune walkover structures shall not
exceed four feet in overall width and the support posts shall not be greater
than four-inch wide posts. Multi-family development, commercial and public dune
walkover structures shall not exceed six feet in overall width and the support
posts shall not be greater than six-inch wide posts. Support posts shall not be
encased in concrete nor installed into dune slopes that are steeper than
approximately 30 degrees.
(b)
Lifeguard stations shall be located as far landward as practicable and shall be
allowed seaward of the vegetation line, the toe of the frontal dune, or coastal
armoring, whichever is most seaward, provided that the following conditions are
met: The structure is no larger than 144 square feet in floor area with support
posts no larger than eight inches by eight inches that are not encased in
concrete, the structure has three feet of vertical clearance beneath the lowest
level platform and at least seven feet of horizontal clearance between the
supports where they meet the beach, and the area below the platform is not
enclosed.
(c) Single-level decks or
similar unenclosed and unroofed, elevated, wooden, or other lightweight
structures shall be sited a minimum distance of 30 feet landward of the frontal
dune crest or bluff or coastal armoring, whichever is most landward, and shall
not exceed 144 square feet in floor area. The support posts shall not be
greater than six-inch wide posts. Support posts shall not be encased in
concrete nor installed into dune slopes that are steeper than approximately 30
degrees.
(d) The following minor
structures shall be sited either landward of a major road or no farther than 20
feet seaward of the General Permit Line: viewing platforms, gazebos,
boardwalks, sidewalks, single-family dwelling driveways, equipment pads,
privacy fences and other frangible walls no more than six feet in height, other
ornamental construction, and unroofed wooden or other lightweight decks
attached to existing buildings. Support posts for viewing platforms, gazebos,
boardwalks, fences, frangible walls, and similar structures shall not be
greater than six-inches in diameter and shall not be encased in concrete.
Detached platforms, gazebos, decks, and similar structures not sited landward
of a major road shall not be greater than 400 square feet. Attached platforms,
gazebos, decks, and similar structures not sited landward of a major road shall
not be greater than 600 square feet. Concrete footers for structures not sited
landward of a major road shall be designed to fail in segments no longer than 5
feet. Concrete pads, sidewalks, driveways, and similar structures not sited
landward of a major road shall be designed to fail in segments no greater than
25 square feet.
(e) Except for the
minor structures described in paragraphs
62B-34.055(2)(a) through
(d), F.A.C., minor structures shall be sited
no farther seaward than the General Permit line, major road, second line of
construction, or the seaward limits allowed under rule
62B-34.080,
F.A.C.
(3) Prohibitions and Limitations. Minor structures authorized by this General Permit shall be subject to the following prohibitions and limitations:
(a) Construction activities and structures
shall not:
1. Interfere with public access as
defined in section 161.021(1),
F.S.
2. Direct storm water
discharges onto the beach or into dunes.
3. Result in net excavation of sandy material
on the site. Only minor temporary excavation, including that required for the
installation of foundations, shall be allowed, provided such excavation does
not result in the lowering of the average existing grade elevation in the
immediate project area.
4. Result
in more than two feet of vertical fill placement.
5. Result in more than 200 cubic yards of
fill placement.
(b) No
work constructed under this General Permit may be part of a phased development
or combined with other general permits or exemptions where the combination of
activities to be conducted exceed the thresholds in this chapter.
(c) Unless the structure is constructed
landward of the General Permit Line, a major road, or second line of
construction, no construction, alteration, operation, maintenance, removal, or
abandonment of any new structure under this General Permit, by itself or in
combination with any other activity conducted pursuant to this chapter and
chapter 62B-33, F.A.C., may cumulatively result in any of the following:
1. Damage to more than 600 square feet of
dune vegetation; or
2. A total of
more than 1, 000 square feet of impervious and semi-impervious surface
areas.
(d) No walls are
allowed in the shore-parallel direction.
(4) All lighting associated with minor structures shall follow the standards set forth in the Department of Environmental Protection Marine Turtle Lighting Standards under subsection 62B-34.070(4), F.A.C.
(5) All planting and vegetation removal activities associated with the construction of a minor structure pursuant to this General Permit shall follow the standards set forth in the Coastal Construction Control Line Planting Standards under subsection 62B-34.070(5), F.A.C.
(6) The General Permit for minor structures are valid for one year from date of issuance. No time extensions are available for this permit.
Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS.
New 11-28-18.
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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