Permit approvals for marine construction projects can be time-consuming and confusing due to the number of applications involved and the different requirements set by each agency. Because of this, contractors and homeowners may be tempted to move forward without securing every required permit. Doing so often leads to serious consequences. From experience, it is always best to obtain all necessary marine construction approval for a project, especially federal approval from the United States Army Corps of Engineers.

When planning a marine construction project such as docks, seawalls, riprap, boat lifts, ramps, or related waterfront structures, it is important to understand that any work involving dredged or fill material within navigable waters of the United States requires an Army Corps permit. In some cases, Army Corps approvals can be processed through the Florida Department of Environmental Protection, depending on the project location and whether it meets the Project Design Criteria required for State Programmatic General Permit approval. If a project does not qualify for this process, a separate approval from the Army Corps is still required.

Individual and General Army Corps Permits

Once an application is submitted to the Army Corps, the project is reviewed to determine whether it qualifies for a general permit or requires an individual permit. An individual permit involves a more detailed review, while a general permit is typically used for smaller-scale activities that do not require extensive processing.

Regardless of the permit type, it is important not to proceed with construction without approvals from all agencies that have jurisdiction over the project. Moving forward without the required permits places the project in violation of the law and may result in fines or required restoration of the site to its original condition. In the case of Army Corps permits, skipping this step results in a violation of federal law.

“Any person, firm, or agency planning to work, or discharge dredged or fill material within navigable waters of the United States must first obtain a permit from the Corps of Engineers.”

The United States Army Corps of Engineers directly states that “Any person, firm, or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or discharge (dump, place, deposit) dredged or fill material in waters of the United States, including wetlands, must first obtain a permit from the Corps of Engineers.” 

For marine construction projects, multiple applications are required to be submitted, with these applications typically consisting of local, state, and federal approvals. Sometimes there are delegation agreements between either local or state governments and the Corps that allow them to issue approval on behalf of the USACOE but if your project is not applicable for this it is important to remember that you’ll still have to go through the process of obtaining a permit through the Army Corps themselves and you will be responsible for submitting an individual application directly to the Corps. Even if you’ve already obtained your local and state approvals, you are still responsible for obtaining a separate approval from the Army Corps if the scope of work for your project requires this. 

Designing Your Project to Eliminate United States Army Corps of Engineers Approval

If you would prefer to eliminate the need for Army Corps approval for your project, then there are some ways that you can design your project to eliminate the need for a Corps permit. For example, if your project is in an area of tidal waters, the best way to avoid the need for a permit is to select a site that is above the high tide line and avoids wetlands or other water bodies. If your project is within fresh water, then you can avoid the need for a permit with the Corps by staying above the ordinary high water line and avoiding wetlands adjacent to the stream or lake. 

Why Should I Even Apply if My Application will Probably be Denied?

The likelihood of your application being submitted to the Army Corps and being denied is 1% (likely even less). The Army Corps directly states that nationwide, less than one percent of all requests for permits are denied, and those who have been denied usually have refused to change the design, timing, or location of the proposed activity. With that being said, if, for some reason, your project design will be denied for approval, then the project manager who is handling the approval process for the project will assist you in navigating your project design to one that is applicable for approval. It is important to comply with any regulations and requirements given by your project manager in order to ensure that the design of your project won’t negatively impact the surrounding ecosystems and environment. Typically, the USACOE takes 3-4 months for permit processing; therefore, make sure to get those applications in as soon as possible so that you can get your approvals and projects started as soon as possible. 

Obtaining Army Corps Approval for Your Projects 

Our process here starts with seeing if your project is applicable for State Programmatic General Permit (SPGP) approval, which streamlines your approval through the Florida Department of Environmental Protection (FDEP). If your project is further than 300 ft from any federal channels, then we’ll go ahead and attempt to obtain SPGP approval for your project, providing everything that your FDEP project manager will need to process this approval if your project is applicable. To make sure we are streamlining the process and are as efficient as possible, we always also go ahead and sent an individual application to the Army Corps for processing in case your project ends up getting denied for SPGP approval that way we can make sure to cover all bases and have your application assigned to a project manager since the Army Corps does tend to take the longest to process approvals. When/if we do end up obtaining SPGP approval for your project, we will also always make sure to let the USACOE project manager assigned to your project know that we have obtained this approval so that they can delete the application and stop further processing.

It’s no secret that one of the greatest luxuries of living in Florida is being surrounded by our beautiful coastlines, which I think we can all agree is one of the top driving incentives that is pushing more and more people to move down here, especially those looking to build or improve waterfront properties that require the proper permits! Well, that and the fact that we pretty much completely skip the winter season while other states throughout the country are quite literally frozen during that time of the year. The idea behind a year-long summer is one that people have been increasingly romanticizing, and after living in Florida my whole life, I have personally witnessed an increase in the number of people moving here with an attempt to get closer to the ‘tropical’ lifestyle it provides compared to that of their home states.

With such a high increase in the number of people moving down to Florida, and a large number of these individuals being part of the higher class, there is a direct correlation with the increase in purchasing waterfront properties. Since there is such an increase in the amount of waterfront properties looking to be bought, there is also a constant demand for marine contractors to build docks, seawalls, and boat lifts for properties along the coastline. But, it is important to note that before any seawall or dock construction project can start, you must obtain the proper permits for your project. This can become tricky when you’re dealing with marine construction, but it is a crucial step that should never be overlooked; the consequences are just not worth it.

Permitting Requirements for Dock Construction and Seawall Construction Projects

Although the permitting process is a crucial component of completing a new marine construction project, the different approvals required for every project can make it very time-consuming for a contractor with multiple projects or for a homeowner who does not understand the ins and outs of the process. Because of this, outsourcing this part of the process to a qualified marine permit expeditor who specializes in seawall and dock construction permitting that supports waterfront properties can significantly streamline your approvals!

A marine construction permitting expert will fill out applications on your behalf, walk you through all the required submissions for your project, and connect you with the right contacts to get things done. In this post, we’ll highlight the 9 common requirements you may need to meet to obtain a permit for a dock, seawall, or boat lift in Florida. After reading this, you should have a clear understanding of what these requirements involve and why they are necessary for your Dock and Seawall Construction project.

Common Marine Permit Requirements

1. Survey

A survey is an important document you’ll be required to provide for all your dock, seawall, or boat-lift permits. Your survey must be signed, sealed, and sometimes it can be requested for it dated within the last 6 months. Typically, the survey for marine construction surveys is a “boundary survey.” Not only do surveys provide valuable information to the city regarding whether or not your project meets local regulations by outlining boundaries and characteristics of the land, but they also help ensure that no state laws are being violated. 

2. Plans & Specifications 

Plans and specifications are important to make sure local and state codes are followed. These must also be signed and sealed, and it can be done digitally in this case. With plans & specifications of your seawall, dock, or boatlift project the city is able to get an idea of the scope of work that’s being done. The specifics on what you might be required to include in your plans can be different with each municipality and entity, and for that reason it’s usually a good idea to hire a qualified marine permit expeditor to help streamline this process for you and make sure you’re submitting everything that’s required correctly so your project can get started as quickly and seamlessly as possible.

3. Executed Contract

An executed contract is important to show that the contract for the project that you’re about to begin has been signed and is a legally binding contract. Both the contractor and the property owner must have their signatures on the contract for it to be official. This is important to show that both parties have come to an agreement on the project that’s planning on being done. 

4. Notice of Commencement 

The notice of commencement is an important document filled in county records (oftentimes at the courthouse) to show that a project is starting. This is an essential part of the permitting process, and without properly filling a Notice of Commencement you may even have to pay twice for improvements on the property. 

5. POA Approval

The POA Approval is an important document that you need to have when you’re planning on completing a new dock, seawall, or boat-lift project. This is because your POA Approval is State Certified by the Florida Building Commission, and as a result works as an important tool for builders, inspectors, architects, and for building department officials to be able to verify that your products meet the standards required by Florida Building Code. One example of this is with new boat lift installations in the City of Boca Raton. For example, when permitting a new boat lift with the City of Boca Raton, they request for the following to be provided: Product submittals and installation instructions for the boat lift.

6. Municipality Permit Application 

Every Florida Municipality has their own specific permit application that you’ll be required to submit. It is important to note that any contractor completing a new project must submit their contractor registration to be registered with that specific municipality. 

7. Florida Department of Environmental Protection (FDEP)

This is one of the South Florida entities you may be required to submit to for your dock, seawall, or boat-lift permits. The purpose of this entity is to protect our Florida waters. Any project that will result in waste being discharged into water, or expects to be a source of any type of water pollution must make sure to obtain a permit with this department. 

8. United States Army Corps of Engineers (USACOE)

The United States Army Corps of Engineers (USACOE) is another one of the South Florida entities that you may be required to submit to for your dock, seawall, or boatlift permits. It is important to obtain a permit with the USACOE whenever your project is within navigable waters. 

9. South Florida Water Management District (SFWMD), if applicable 

This is another one of the entities that you might be required to submit to for your dock, seawall, or boat-lift permits depending on your project and location. The purpose of submitting to this entity is to protect the wetlands and other water sources, to ensure that water quality is protected from stormwater pollution, and to prevent flooding. 

After reading this article you should have a better idea of what the common requirements are and what the purpose behind each one is for obtaining a boat lift, dock, or seawall permit. There are a lot of technicalities and extra paperwork that’s required to be done when filling for marine permits vs other types of permitting projects. By finding a Qualified Marine Permit Expeditor like Breezy Permits you’ll be able to focus on the project that is being done rather than all the extensive technicalities that can come along with marine permitting! 

9. Lake Worth Drainage District (LWDD), if applicable 

The Lake Worth Drainage District is another entity you might have to obtain approvals from, depending on where your project site is located. The LWDD directly states all projects within LWDD boundaries, regardless of size or location, require review by the LWDD. In order to offer assistance to applicants who are wondering whether or not their project falls under a LWDD service area the LWDD has a published Lake Worth Drainage District Maintained Canal Elevations Map, with all LWDD service areas highlighted on the map.

Conclusion

In conclusion, when our team receives a submittal for a new project located within Palm Beach County, we always check if we need permits from the Army Corps (USACOE), Florida Department of Environmental Protection (FDEP), South Florida Water Management District (SFWMD), and the Lake Worth Drainage District. By checking this at the beginning of the process, we can ensure that all applications are submitted as soon as possible, minimizing the likelihood of anything holding your project up from approval at the time of submitting to the city.