Building permit violations are issued by local building departments for projects that were completed without initially obtaining the necessary approvals and paying the associated fees. When a building permit violation is issued, it will include a deadline for the homeowner to resolve the violation and since marine construction projects require environmental approval from regulatory agencies before local approval is able to be issued, this process will take a couple of months and an extension will have to be requested before each deadline to avoid penalties or in some cases even legal action for failure to resolve the violation. In Palm Beach or Broward County, regulatory approvals almost always include approval from the Army Corps of Engineers (ACOE) and the Florida Department of Environmental Protection (FDEP), but depending on your project site, approval from the South Florida Water Management District (SFMWD) or Lake Worth Drainage District (LWDD) might also be required. Projects in Broward County also require a Broward County Environmental Resource License and a Certificate of Competency.
AFTER-THE-FACT APPLICATIONS TO RESOLVE VIOLATIONS
The first step to resolve a violation for a marine construction project in Palm Beach or Broward County is to obtain approval from both the FDEP and the ACOE. Permit applications that are being submitted after the work has already been completed are referred to as “after-the-fact” applications since they are being submitted “after” the work has been completed. Usually, when an application is submitted before the work has commenced, both of these approvals can be streamlined through the FDEP with their SPGP VI approval which can save a significant amount of time, but after-the-fact applications are automatically ineligible for that approval and must obtain a separate approval from the corps. This is important to understand because the Army Corps can often take around 6-9 months to issue approvals due to their high workload, therefore getting this application in as soon as possible is a crucial step to resolving a violation for a marine construction project as soon as possible.
For the Army Corps, after-the-fact applications can be submitted by using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT ENG 4345 form and by mailing this (either by mail or email) to the appropriate regulatory office for review. Once submitted, it usually takes between 1-3 weeks to go through the sorting process and for your project to get assigned to a reviewer. Once assigned to a reviewer, you must wait 10 days before making initial contact with your reviewer. Once the 10 day span has passed, our team always initiates contact to ensure that the project is progressing.
For the FDEP, after-the-fact applications can either be submitted by using their self service portal (preferred) or by mailing in the applicable form to your local district for review. The FDEP has 6 districts throughout the state to provide specialized attention to the projects going through review and ensure swift approvals. These districts include the following: Northwest District, Southwest District, South District, Southeast District, Central District, and the Northeast District. For projects in Broward or Palm Beach County, the associated FDEP district would be the South East District.
CAN YOUR LOCAL BUILDING DEPARTMENT ISSUE A VIOLATION FOR A DOCK REPLACEMENT?
Yes, a local building department will issue a violation for any work that they find has been completed without obtaining permits. In the marine construction industry this includes but is not limited to boat lift installations, dock repairs and replacements, pilings replacements, seawall repairs, seawall cap installations, etc. By understanding this and not failing to obtain the required permits for your projects you can end up saving yourself a lot of time and headaches.
List of 6 Benefits to Hiring a Marine Construction Permit Specialist to Resolve a Violation
If you have been issued a violation for a project that was completed without obtaining approvals, then hiring a team of marine construction permit specialists is your best bet to get things resolved and handled as swiftly as possible.
Below is a list of 6 benefits to hiring a permit specialists to resolve your violation:
- Expert Knowledge of the Permit Process: Marine construction permit specialists are well-versed in the nuances of the permitting process specific to marine and coastal construction. They understand the local, state, and federal regulations that apply to these types of projects, which can be complex and vary significantly from those for land-based construction.
- Efficiency and Accuracy in Application Preparation: These specialists know exactly how to prepare and fill out permit applications, ensuring that all the necessary information is included and presented clearly. This helps to avoid delays that can occur when applications are incomplete or filled out incorrectly.
- Established Relationships with Authorities: Having existing relationships with various building departments can be a huge advantage. These connections can help facilitate smoother communication and quicker processing of permits, as well as provide insights into what specific boards are looking for in an application.
- Access to a Network of Professionals: Permit specialists often have contacts with engineers, surveyors, and other professionals who may need to be consulted during the permitting process. Having access to this network can simplify the process of hiring qualified experts, which is often a requirement for detailed project plans and environmental impact assessments.
- Handling Complications and Setbacks: If issues arise during the permitting process, a specialist’s experience and connections can be invaluable in resolving them efficiently. They understand exactly what the agencies are looking for and are able to respond to their Requests for Additional Information (RAI’s) swiftly.
- Consultation and Advice: Beyond merely handling paperwork, permit specialists can provide strategic advice on how to approach complex projects, potentially saving time and money by avoiding pitfalls that could result from a lack of local procedural knowledge.