1999 Florida Code
TITLE XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 161 Beach and Shore Preservation  
PART III COASTAL ZONE PROTECTION (ss. 161.52-161.58)
161.55   Requirements for activities or construction within the coastal building zone.

161.55  Requirements for activities or construction within the coastal building zone.--The following requirements shall apply beginning March 1, 1986, to construction within the coastal building zone and shall be minimum standards for construction in this area:

(1)  STRUCTURAL REQUIREMENTS; MAJOR STRUCTURES.--

(a)  Major structures shall conform to the state minimum building code in effect in the jurisdiction.

(b)  Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI book A-119.1, pursuant to s. 320.823, and to the requirements of paragraph (c).

(c)  Major structures shall be designed, constructed, and located in compliance with National Flood Insurance Program regulations as found in 44 C.F.R. Parts 59 and 60 or the local flood damage prevention ordinance, whichever is more restrictive.

(d)  Major structures, except those conforming to the standards of paragraph (b), shall, at a minimum be designed and constructed in accordance with s. 1205 of the 1986 revisions to the 1985 Standard Building Code using a fastest mile-wind velocity of 110 miles per hour except for the Florida Keys which shall use a fastest mile-wind velocity of 115 miles per hour. This does not preclude use of a locally adopted building code which is more restrictive.

(e)  Foundation design and construction of a major structure shall consider all anticipated loads resulting from a 100-year storm event, including wave, hydrostatic, and hydrodynamic loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour-producing forces, including localized scour due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the anticipated loss of soil above the design grade as a result of localized scour. The erosion computations required by this paragraph do not apply landward of coastal construction control lines which have been established or updated since June 30, 1980. Upon request, the department may provide information and guidance as to those areas within the coastal building zone where the erosion and scour of a 100-year storm event is applicable.

(2)  STRUCTURAL REQUIREMENTS; MINOR STRUCTURES.--Minor structures need not meet specific structural requirements provided in subsection (1), except for the requirements of paragraph (c) and except for applicable provisions of the state minimum building code in effect in the jurisdiction. Such structures shall be designed to produce the minimum adverse impact on the beach and the dune system and adjacent properties and to reduce the potential for water or wind blown material. Construction of a rigid coastal or shore protection structure designed primarily to protect a minor structure shall not be permitted.

(3)  STRUCTURAL REQUIREMENTS; NONHABITABLE MAJOR STRUCTURES.--Nonhabitable major structures need not meet specific structural requirements provided in subsection (1), except for the requirements of paragraph (c) and except for applicable provisions of the state minimum building code in effect in the jurisdiction. Such structures shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with any applicable state and local standards not found in this section. All sewage treatment plants and public water supply systems shall be flood proofed to prevent infiltration of surface water from a 100-year storm event. Underground utilities, excluding pad transformers and vaults, shall be flood proofed to prevent infiltration of surface water from a 100-year storm event or shall otherwise be designed so as to function when submerged by such storm event.

(4)  LOCATION OF CONSTRUCTION.--Construction, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline fluctuations and to preserve dune stability.

(5)  APPLICATION TO COASTAL BARRIER ISLANDS.--All building requirements applicable to the coastal building zone shall also apply to coastal barrier islands. The coastal building zone on coastal barrier islands shall be the land area from the seasonal high-water line to a line 5,000 feet landward from the coastal construction control line established pursuant to s. 161.053, or the entire island, whichever is less. For coastal barrier islands on which a coastal construction control line has not been established pursuant to s. 161.053, the coastal building zone shall be the land area seaward of the most landward velocity zone (V-zone) boundary line fronting upon the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of Florida. All land area in the Florida Keys located within Monroe County shall be included in the coastal building zone. The coastal building zone on any coastal barrier island between Sebastian Inlet and Fort Pierce Inlet may be reduced in size upon approval of the Land and Water Adjudicatory Commission, if it determines that the local government with jurisdiction has provided adequate protection for the barrier island. In no case, however, shall the coastal building zone be reduced to an area less than a line 2,500 feet landward of the coastal construction control line. In determining whether the local government with jurisdiction has provided adequate protection, the Land and Water Adjudicatory Commission shall determine that the local government has adopted the 1986 Standard Building Code for the entire barrier island. The Land and Water Adjudicatory Commission shall withdraw its approval for a reduced coastal building zone if it determines that 6 months after a local government comprehensive plan is due for submission to the state land planning agency pursuant to s. 163.3167 the local government with jurisdiction has not adopted a coastal management element which is in compliance with s. 163.3178.

(6)  PUBLIC ACCESS.--Where the public has established an accessway through private lands to lands seaward of the mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of public access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as the accessways provided by the developer are:

(a)  Of substantially similar quality and convenience to the public;

(b)  Approved by the local government;

(c)  Approved by the department whenever improvements are involved seaward of the coastal construction control line; and

(d)  Consistent with the coastal management element of the local comprehensive plan adopted pursuant to s. 163.3178.

History.--s. 36, ch. 85-55; s. 3, ch. 86-191.