Due to the complexity of marine construction projects and the enforced protection of the waterways throughout the state of Florida, you will usually be required to get at least one survey made out during the approval process for a project in the marine construction industry. The most common surveys we see requested for projects in the marine construction industry include, boundary surveys, seagrass surveys, and XY surveys. Although these 3 surveys are the ones we will be discussing in this post, there are a series of other surveys that might also be requested throughout the permitting process for your project, either by your engineer or by your environmental reviewers / local building department. A few examples of other surveys that might be requested include: Topography Surveys, Hydrographic Surveys, As-Built Surveys, and a few others!

Boundary Survey

A boundary survey is almost always a requirement because boundary surveys measure the property lines of a specific area essentially depicting the area that is owned by a person or entity. Based on all of the information obtained from these boundary surveys, the reviewer is able to see what the existing site conditions are and this information is also essential in order for an engineer to create plans and establish control points for your project.

For marine construction projects, the riparian right lines are also typically included to mark where the owners property line ends into the waterway. By definition, riparian lines in Florida “are those rights enjoyed by real property owners whose upland property extends to the normal high-water line on navigable waters.” With that being said, if a property owners property falls immediately in front of a body of water then they have riparian rights that are protected.

Seagrass Survey

As stated in one of our previous articles (click here to read more!), seagrasses are extremely valuable to the state of Florida – because of both the economical and ecological value that they bring to the state and as a result of the value they provide to the state, they are extremely protected by regulatory agencies such as the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (USASOE). Both agencies have different regulations set in place to ensure their protection stays intact.

One of the main requirements that is typically requested when there are seagrasses at a proposed project site is a seagrass survey to show the current coverage of seagrasses at the location. Seagrass surveys are required by the FDEP and Army Corps for projects that are being proposed in an area where seagrasses are known to be present. When seagrass surveys are completed it is important that all SAV resources within the influence of the project are investigated, identified, mapped, and characterized.

XY Survey

X and Y coordinates are, respectively, the horizontal and vertical addresses of a point in any two-dimensional (2D) space. These coordinates help identify the exact location of a point/proposed structure. In the marine construction industry this is used to determine how far into a waterway a structure will end up projecting.

XY surveys in the marine construction industry are usually requested by the Army Corps – specifically by their navigation department. Typically, when you’re ready to request an XY survey, you will provide your surveyor with the project plans for your project and they will be able to include the XY coordinates of this structure being proposed.

Survey Coordination

Breezy Permits is able to handle the complete permitting process for marine construction projects from start to finish! With that being said, if a particular survey is being requested during the approval process for your project, our team can easily coordinate for this to be made out with one of our trusted vendors.

Hire our team for your marine construction permitting needs and experience the breeze of having our team by your side!

Seagrasses are extremely valuable to the state of Florida – because of both the economical and ecological value that they bring to the state. The FDEP goes as far as stating in their Article “Guidance on Surveys for Potential Impacts to Submerged Aquatic Vegetation” that seagrass are deemed essential to the oceans, gulfs, estuaries and shorelines of the state according to Section 253.04(3)(a) Florida Statutes (F.S.). As a result of the value they provide to the state, they are extremely protected by regulatory agencies such as the Florida Department of Environmental Protection (FDEP) and the Army Corps of Engineers (USASOE) that have different regulations set in place to ensure their protection stays intact.

One of the main requirements that is typically requested when there are seagrasses at a proposed project site is a seagrass survey to show the current coverage of seagrasses at the location. The FDEP directly states in the same article referenced above that “the department requires reasonable assurance the permitted activities will not adversely fest the habitat of fish, wildlife, and listed species, including SAV habitats” therefore by completing and providing a seagrass survey the department is able to review the proposed project and determine if the impacts to the seagrass environmental will be minimal or if an alternative project design needs to be proposed. The FDEP states that seagrass surveys should contain “all SAV resources that may be directly or indirectly impacted by construction activities.” Based on the information obtain from seagrass surveys regulatory agencies will provide the applicant with practicable measures that can be implemented to avoid or minimize potential impacts and if for some season impacts are unavoidable, mitigation can be required to ensure no net loss of any vital functions to our environment as stated by the FDEP. 

In order to have a better idea of where seagrasses are present throughout the state there are also regularly scheduled seagrass mappings by the different districts that are conducted, as the South West Florida Water Management States in their Seagrass Mapping Article, “as a way to take the pulse of the estuary.” Based on this information scientists and regulatory agencies in the state of Florida are able to determine the health of the environment since seagrasses are sensitive to the environment and as a result they are the perfect indicators of estuarine health. 

Although the state of Florida has mostly warm temperatures for the entirety of the year, the FDEP still has guidelines on when seagrass surveys should be completed in order to ensure capturing the optimal cover of seagrasses. They department states that they should be completed between during peak growing season, specifically June 1st and September 30th in order to be consistent with federal requirements, but under some circumstances “the department may accept SAV surveys from April to October in most of the state and year-round surveys may be acceptable in Monroe county and southern Dade County. 

Below is a list of 3 companies who conduct seagrass surveys in South Florida: 

1. Ardea Environmental Consultants – Ardea Environmental Consultants is a small, women-owned consulting firm that provide different environmental services in Fort Pierce, Florida. They are environmental professionals with over 50 years of collective experience in Florida, Alabama, and Texas and their survey specialties include: Seagrass/Benthic Resource Surveys, Wetland Delineations, Mangrove Assessments, Uniform Mitigation Assessment Method (UMAM) analysis, Shorebird surveys, and Dune vegetation surveys.
2. Waters Edge Marine Inspections – Waters Edge Marine Inspections is privately owned and operated by Norma Jean Jalovec, who personally completes every dive. Norma offers her clients an excess of 20 years experience in the field of marine construction, related fields of building, and construction law.
3. Hydros Marine Construction – Hydros Marine Construction specializes in seawall repair throughout South Florida but they also offer seagrass surveys as a service if requested.

Seagrasses play a vital role to our Florida aquatic systems. Not only do they provide habitat and food to a plentitude of marine species but they also help ensure our waters remain clear by capturing and filtering out tiny sediments found in the water. Because of both the ecological and economical role that seagrasses play in our ecosystems, regulations are set in place by regulatory agencies such as the Florida Department of Environmental Protection and the United States Army Corps of Engineers in order to ensure that they stay protected for now and for future generations. Regulations come in the form of specialized criteria for construction being completed in these areas, and also for the boating community to ensure that extra precaution is taken in these areas. If you’re a marine contractor in the industry and you have completed a project in an area that is surrounded by seagrasses then you’re likely familiar with the extent to which seagrasses are protected and how strict regulatory agencies can be  when a project is being completed in an area that seagrasses are found.. Throughout this article we will discuss both the economical and ecological role that seagrasses play along with some examples of guidelines enforced by regulatory agencies to make sure seagrasses stay protected. 

ECONOMICAL ROLL OF SEAGRASSES IN FLORIDA 

Sea grasses are important to the Florida economy because of the habitat, nursery grounds, and food source that they provide to economically important species along our coastlines. There are a plentitude of species that rely on seagrasses which some of these including: 

• West Indian Manatee 
• Spotted Sea Trout 
• Common Snook 
• Pink Shrimp 
• Striped Hermit Crab 
• Parrot Fish
• Green Turtle 

Not only do protected species such as manatees rely on seagrasses as a major food source, but “Seagrasses are typically considered a nursery habitat that provides structure for various life stages of commercially and economically important fish (such as drums and trout), crustaceans (stone crabs, shrimp, etc.), and shellfish (scallops, etc.) species” as stated by the Florida Fish and Wildlife Conservation Commision. Our Florida coastlines are blessed with an abundance of marine wildlife that attracts hundred of thousands of tourist yearly and the FDEP directly states in their ERP Online Help Resource that “In 2006 alone, seagrass communities in Florida supported an estimated harvest of $71.4 million for stone crab, spiny lobster, yellowtail snapper, gray snapper, shrimp and blue crab.” With that statistic alone it is evident that seagrasses are vital to our economy and we can begin to understand why they are so protected by regulatory agencies throughout the state of Florida. In an effort to highlight this economic importance and showcase why their protection is vital, the FDEP estimates that each acre of seagrass has an economic value of $20,500 per year. With Florida being home to an estimated 502,000 acres of seagrass, we can estimate that seagrasses along our Florida coastlines hold an economic value of $1,029,000,000. 

ECOLOGICAL ROLE OF SEAGRASSES

Although the economic role seagrasses play along our coastlines might seem like the primary driving factor to their protection by regulatory agencies, their ecological role throughout the state of Florida is also important to understand. The ecological role seagrasses play along our coastlines is highlighted with their importance as a food source, habitat, and the part they play in maintaining water quality. In an effort to showcase this, the FDEP states in their Management and Protection of Seagrasses article that “Seagrasses improve water clarity by stabilizing bottom sediments and absorbing nutrients from the water column. They reduce coastal erosion by helping to diffuse wave energy during storm events.” Every year tourists come from all over the world to enjoy the beautiful and clear water that we are blessed to have here in Florida and the protection of seagrasses is an important aspect to ensuring that our waters remain clear. Not only do they play a vital role in minimizing erosion and filtering out tiny sediments to ensure our water remains clear, but they’re also an important food source and habitat for a plentitude of species. 

WAYS TO PROTECT SEAGRASSES 

After reading this article you should begin to see why the protection of seagrasses is extremely important throughout the State of Florida. Because of this, regulatory agencies such as the FDEP and the USACOE have guidelines set in place for construction being done in any site where seagrasses are present. The FDEP directly showcases different ways to protect seagrasses in their ERP Online Help Resource by recommending the following: 

1. Build your dock, pier, marine or other structure away from seagrasses whenever possible. 
2. If a structure is proposed over seagrasses, include seagrass protection in the design.
   • Build your structure with material that allows light to penetrate (such as grating). 
   • Build a small structure instead of a larger one to prevent shading out seagrasses and do not include roofs, walls or other structures that block sunlight. 
   • Design your dock so that mooring areas and navigational access routes are in water deep enough to leave at least 1 foot between the top of vegetation and the bottom of your boat. 

The United States Army Corps of Engineers also showcases their criteria in their Dock Construction Guideline for Single Family Docks Article published in 2001, with some of their criteria for docks being constructed over submerged aquatic vegetation including the following: 

• The pier/dock should be aligned to minimize the size of the footprint over SAV beds. 
• The height of the pier/dock shall be a minimum of 5 feet above MHW/OHW as measured from the top surface of the decking.
• If possible, terminal platforms must be placed in deep water, water ward of SAV beds or in an area devoid of SAV beds. 
• The width of the pier/dock is limited to a maximum of 4 feet. 
• The gaps between deck boards must be a minimum of ½ inch. 
• The spacing of pilings through SAV beds shall be a minimum of 10 feet on center. 
• Pilings must be installed in a manner which will not result in the formation of sedimentary deposits around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low pressure pump may be used. 

Permit approvals for marine construction projects can be a time consuming and oftentimes confusing process because of the multiple applications that are required to be submitted, with each entity having a different set of protocols for their applications and for correspondence. Because of this, contractors and homeowners might choose to skip obtaining a necessary permit and as a consequence, end up reaping a lot of negative consequences. From personal experience, I have witnessed that you should never skip obtaining all of your necessary permits for your projects, especially not your federal approval from the Army Corps. When you’re preparing for a marine construction project (i.e. commercial/residential docks, seawalls, riprap, boat lifts, ramps, & other associated structures) you should always keep in mind that anyone planning to work or discharge dredged or fill material within navigable waters of the United States must obtain a permit from the Corps of Engineers. Sometimes, your army corps approvals can be streamlined through the FDEP, but this is dependent on your project site and on if your project meets the Project Design Criteria’s (PDC’s) required to obtain SPGP approval. However, if your project is not a candidate for SPGP approval, then it is crucial to understand that you will need to obtain a separate approval from the cops. Then once you submit to the corps, your project will either be applicable for an individual or a general permit. Much like with the FDEP, an individual permit requires more in depth processing, and a general permit will be used to authorize minor activities without the need for individual processing. 

Regardless of if your project will qualify for a general permit, or if it will have to undergo individual permit processing, the main point that is important to understand is that you should never skip obtaining approvals from any agency when you fall within their jurisdiction. This is because when you move forward with a project without obtaining required approvals you will automatically be in violation of the law and could be forced to pay hefty fines or in some cases even be forced to restore the area back to the way it was pre-construction. For the purposes of this article, if you skip obtaining a permit with the Army Corps then you’ll be in 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 submitted to the Army Corps 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 is one that will be denied for approval then the project manager that 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 Corps approval through the Florida Department of Environmental Protection (FDEP). If your project is further than 300 ft from any federal channels then we 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. In order 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 proejct 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! 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. This 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 amount 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 amount of people moving down to Florida, and a large number of these individuals being a part of the higher class, there is a direct correlation with the increase of purchasing waterfront properties. Since there is a 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 different properties throughout out coastlines. But, it is important to note and remember that before any marine construction project is able to start, you have to make sure to get the right permits for your project. This can become tricky when you’re dealing with marine construction, but it is a crucial component that should never be overlooked, the consequences are just not worth it.

Although the permitting process is a crucial component of completing a new marine construction process, the different approvals that are required for every project can make it a very time consuming process for a contractor that has a lot of work on their plate, or for a homeowner that doesn’t understand the ins and outs of the process. Because of this, outsourcing this part of the process to a qualified marine permit expeditor who is specialized in the industry can significantly streamline your process for approvals! A marine construction permitting expert will be able to fill out applications out on your behalf, while also walking you through what will be required to be submitted for your project and connecting you with the right people to get these things done. In this post we’ll highlight the 9 common requirements you may be required to obtain to get a permit for a dock, sea-wall, or a boat lift in Florida and after this article you should have a better sense on what these different requirements are and what the purpose behind acquiring them might be. 

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 in 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.