Project Permitting Process
The Bathtub Beach Dune Restoration Project requires both state and federal permits. We have been issued both state and federal permits and will begin construction activities in March 2010. As background to the permitting requirements for this project, the following section describes the FL Department of Environmental Protection's permitting authority and program.
Joint Coastal Permitting
Section 161.055 of Florida Statutes allows various permit applications to be processed concurrently into a comprehensive Joint Coastal Permit, or JCP. For qualifying projects, the Florida Department of Environmental Protection’s (DEP) Bureau of Beaches and Coastal Systems may issue a JCP. A copy of the permit application is forwarded to the United States Army Corps of Engineers for separate processing of the federal dredge and fill permit, if necessary.
A JCP is required for activities that meet all of the following criteria:
- Located on Florida’s natural sandy beaches facing the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida or associated inlets;
- Activities that extend seaward of the mean high water line;
- Activities that extend into sovereign submerged lands; and
- Activities that are likely to affect the distribution of sand along the beach.
Examples of projects that require a JCP include beach restoration or nourishment; construction of erosion control structures such as groins and breakwaters; public fishing piers; maintenance of inlets and inlet-related structures; and dredging of navigation channels that include disposal of dredged material onto the beach or in the nearshore area.
To review the State’s JCP authority, please visit the following websites.
Link to Chapter 161, FL Statutes
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute
&URL=Ch0161/titl0161.htm&StatuteYear=2004&Title=%2D%3E2004%2D%3EChapter%20161
Links to Florida Administrative Code (F.A.C.)
Chapter 62B-41, (F.A.C.) (coastal construction)
http://www.dep.state.fl.us/beaches/publications/gen-pub.htm#Rules
Florida Beach Erosion Control Program
The State is also responsible for the Florida Beach Erosion Control Program, which is a program established to work in concert with local, state and federal governmental entities to protect, preserve and restore the coastal sandy beach resources of the state. Under the program, financial assistance in an amount up to 50 percent of project costs is available to Florida's county and municipal governments, community development districts, or special taxing districts for shore protection and preservation activities located on the Gulf of Mexico, Atlantic Ocean, or Straits of Florida.
Eligible activities include beach restoration and nourishment activities, project design and engineering studies, environmental studies and monitoring, inlet management planning, inlet sand transfer, dune restoration and protection activities, and other beach erosion prevention related activities consistent with the adopted Strategic Beach Management Plan. The program is authorized by Section 161.101, Florida Statutes. Since its inception in 1964, the Florida Beach Erosion Control Program has been a primary source of funding to local governments for beach erosion control and preservation activities. Through the fiscal year 2006, over $582 million has been appropriated by the Legislature for beach erosion control activities and hurricane recovery.
