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Streamlining Resiliency: Regulatory Considerations In Permitting Small-Scale Living Shorelines In Florida
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2018
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Series: EDIS publication no. SG155
[PDF-1.19 MB]
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NOAA Program & Office:
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Sea Grant Program:
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Description:“Living shoreline” is a catch-all phrase that describes a riparian area managed with restoration techniques that use natural material such as oyster reef, mangroves, and marsh grasses to stabilize the area and prevent erosion. Living shorelines offer a valuable and environmentally friendly means of stabilizing the shore while restoring and enhancing estuarine habitats (Bilkovic, Mitchell, La Peyre, and Toft 2017). Techniques for maintaining living shorelines are being widely touted as “greener” sea-level rise adaptation strategies than traditional shoreline hardening techniques, such as seawalls (Bilkovic et al. 2017). In addition to shoreline stabilization and estuarine habitat protection, materials used in living shoreline projects also improve water quality by filtering upland stormwater runoff (Gedan, Kirwan, Wolanski, Barbier, and Silliman 2011). Living shorelines in Florida are typically constructed in the navigable waters of the United States, in state waters, and over sovereign submerged lands. Therefore, federal, state, and sometimes local agencies have regulatory authority over their construction (Pace 2017). Because living shorelines are considered to be beneficial to the environment, these agencies have undertaken coordinated efforts to reduce the regulatory burden required to construct them, particularly when they are relatively small-scale and involve individual shoreline property owners. This publication outlines the various permit options available for constructing living shorelines while focusing on the new, small-scale living shorelines permit exemption. Keep in mind that every shoreline is unique. Before proceeding with a project, it is highly recommended that individuals seeking to install a living shoreline contact a UF/IFAS Extension Florida Sea Grant Program agent to learn about the benefits of living shorelines and options suitable to the locale. UF/IFAS Extension Florida Sea Grant Program agents will also be able to make referrals about knowledgeable experts in shoreline management and regulations to assist in the construction and permitting process and to ensure that the project does not affect neighboring properties or any protected species and their habitat. One of the first things to consider before planning a living shoreline project is whether or not it will occur on sovereign submerged lands, which are state owned. Although there are many instances where submerged lands are privately owned, most submerged lands adjacent to the shoreline are held by the state (Fla. Stat. § 253.12(1) 2017). In these cases, the property owner must first obtain sovereign submerged lands authorization from the Florida Department of Environmental Protection (DEP) before proceeding with a permit application. This authorization can come in the form of an exception, a lease, a letter of consent, or consent by rule (Fla. Admin. Code Ann. r. 18-21.005 2009). More detail on the sovereign submerged lands authorization is provided later in this publication.
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Sea Grant Document Number:FLSGP-T-18-004
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Rights Information:Public Domain
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Compliance:Library
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