When are FDEP permits required, and when is your project exempt?

To start, what permits would I need to build a dock in Florida?

Projects constructed in navigable waters will require a Federal, State, and Local Authorization. These authorizations are granted by the U.S. Army Corps of Engineers (COE), Florida Department of Environmental Protection (FDEP), and your local municipality, respectively. FDEP Authorization takes the form of either an Exempt Activity, a General Permit, or an Environmental Resource Permit. Exempt Activities are already authorized by the FDEP, without requiring a permit. 

Exempt Activities don't require a permit from the FDEP, however, other permits may be required. 

What projects are exempt from requiring a permit from the FDEP?

To get technical, the activities exempt from requiring an FDEP permit are outlined in Rule 62-330.051 of the Florida Administrative Code. Generally this section authorizes routine maintenance or common structure such as seawall replacements or single family docks. 

Each Exempt Activity must meet the specific criteria provided in the code. If not, an Environmental Resource Permit (ERP) may be required from the FDEP. The nature of specific exemption criteria are best illustrated through these common projects. 

Example #1: Do I need an FDEP permit to replace my old seawall? 

Replacing your old seawall may be an exempt activity based on Section 62-330.051(12)(b). You would be required to meet specific conditions, the main conditions are outlined below: 

• The new seawall can not extend further than 18” waterward of the old seawall. 

• The old seawall must be in working condition, or destroyed within the last year by a discrete storm event. 

• The old seawall was lawfully existing (Previously Permitted)

Example #2: Is constructing a dock in a canal exempt from FDEP permitting?

Constructing a new dock in a manmade canal may be exempt from requiring an FDEP permit under Section 62-330.051(5)(b) provided that:

• The dock is less than 1,000 sf

• The dock cannot store more than two (2) boats (two boatlifts would be allowed)

• The dock is the sole dock on that property

Example #3: Is constructing a dock on the Manatee River exempt from FDEP permitting? 

Constructing a dock on the Manatee River may technically be an exempt activity under 62-330.051(a), however, we strongly recommend verifying the exemption with the FDEP prior to commencing construction. The Manatee River supports seagrass, which is protected under Florida Law. This brings another layer of requirements which may include elevating your dock, installing handrails, and increasing the spacing between deck boards. If you are considering constructing a dock on the Manatee River, or have recently been instructed that your dock is in non-compliance with the FDEP, feel free to give us a call.

What is an exemption verification and why should I apply for one? 

At Kingfish Coastal we always recommend home owners and contractors verify that their project is exempt from FDEP permitting prior to commencing construction. By submitting the applicable information, a drawing of the proposed project, and a $100 processing fee the FDEP will provide a written letter stating that your project does not require a permit. 

Too often we see projects constructed as an exempt activity, only to see the FDEP issue a non-compliance letter after completion. These enforcement letters could result in you needing to re-deck your dock to meet these requirements, or worse, removing entire sections. 

If you need an exemption verification or just want to better understand the permit requirements, please give us a call for a free consultation.