Proposed coastal barrier strategy report to the Governor and Cabinet from the Interagency Management Committee

[From the U.S. Government Printing Office, www.gpo.gov]

Proposed Coastal Barrier Strategy

REPORT

TO THE

GOVERNOR AND CABINET

FROM

The Interagency Management Committee

December 8, 1981

Save Our
Coasts

Department of Environmental Regulation
Vivtoria J. Tschinkel

Secretary and Chairman

Department of Commerce Department of Health and
Stuart Edgerly, Secretary Rehabilitation
David Pingree, Secretary]

Department of Natural Resources
Dr. Elton Gissendanner Department of Transportation
Executive Director Paul N. Pappas, Acting Secretary

Department of Veteran Game and Freshwater Fish
and Community Affairs Commission
Joan Heggen, Secretary Col. Robert M. Brantley, Exec. Dir.

Division of Archives, Division of Forestry

TABLE OF CONTENTS

Page

Executive Summary . . . . . . . . . .. . . . . . . .

Introduction . . . . . . . . . . . ... . . . . . . . .

Tourist Tax.Amendment (Chapter 125, F.S.) . ... . . . . 3

Coastal'Construction Control Lines (Chapter 161? F.S.) 4

Beadh Nourishment (Chapter 253, F.S.) . . . . . . . . 5

Local Government Comprehensive Planning Act,
.5
(Chapter 163, F.S.) . . . . . . . . . . ... .

Hazard Mitigation Statute (Chapter 252, F.S.) . . . . 6

Development of Regional Impact (Chapter 380, F.S.) 6

Budget Considerations . . . . . . . . . . . . . . . . 7

State Sovereignty Land Management Rule . . . . . . . . 8

Individual Water and Sewage Systems . . . . . . . . . . 8

Department of.Transportation "Action Plan" 9

Department of Environmental Regulation . . . . . . . . . 10

Department of Commerce . . . . . . . . . . . . . . .... 11

Governor's Office of Planning and Budgeting . . . . . 11

proport-Y Of CSC Library

APPENDIX A

Attachment 1 Tourist Tax Amendment . . . . .

Attachment 2 Coastal Construction Control Lines . . . 2-1

Attachment 3 Beach Nourishment . . . . . .. .. . . . . 3-1

Attachment 4 Local Government Comprehensive
Planning Act . . . . . . . . . . . . . 4-1

Attachment 5 Hazard Mitigation Statute . . . . . . . 5-1

Attachment 6 Hazard Mitigation Statute . . . . . . . 6-1

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HO6.13ON AVENUE
CHARLESTON SC 29405-2413

Paqe

Attachment 7 Development of Regional Impact .. . . . . 7-1

Attachment 8 Budget Considerations ... . . . . . . 8-1

APPENDIX B

Attachment l State Sovereignty Land Management Rule 1-1

Attachment 2 Individual Water and Sewer Systems . . . . 2-1

Attachment 3 Department of Transportation "Action
Plan" . . . . . . . . . . .. . . . . 3-1

Attachment 4 Department of Environmental Regulation 4-1

Attachment 5 Department of Commerce . . . .. . . . . . . 5-1

Attachment 6 Governor's Office of Planning and
Budgeting Memorandum .. . . . . 6-1

EXECUTIVE SUMMARY, Proposed Coastal Barrier Strategy

The Septeirber 15, 1981 resolution of the Governor and
Cabinet directed the IMC to develop recommendations for legislative
action plus Departmental rule amendments and internal procedures.
implementing the Save Our Coasts strategy. This Save Our Coasts
Coastal Barrier Strategy Report contains drafts of legislation,
amendments to rules, and other administrative techniques which
are reconunended to attain the goals of the Save Our Coasts Program.

IMC recommendations for legislative action include:

e utilization,of existing review and permitting
processes to better protect stability of beach
and dune systems, minimize erosion, and otherwise
control inappropriate development in the coastal
zone by:

--strengthening the coastal construction
control lines to protect important dunes
and adjacent environmentally sensitive areas

--considering location, design, and cumulative
impact of development seaward of established
coastal construction control lines

--avoiding the impairment of public beach access
on state-owned lands

--authorizing the adoption of minimum criteria
for state approval of local government plans
regulating development in the coastal zone

--regulating development activities on specific
coastal barriers to assure that buildings are
constructed so as to withstand storm hazards

--regulating development activities on specific
coastal barriers to assure compatibility with
the natural functions of such barriers, and
capacity of the state and local government to
provide public services and emergency assistance
e limiting state post-disaster relief expenditures
to measures which would decrease vulnerability
to future disasters;

* allow local government to use the proceeds from a
tourist tax, should they decide to levy one, for the
acquisition of beach front property, or access to
beach front property; and

* easing a regulatory burden on beach renourishment

Administrative techniques recomended include:
amendment of the state sovereignty lands
management rule go that state-owned submerged
lands are not used to provide public road
access to islands where such access did not
previously exist;

enhance water quality in fragile coastal areas
by strengthening state requirements for on-site
sewage disposal and suggesting minimum criteria
for individual water and sewage systems for
voluntary adoption by local ordinance or for
incorporation into criteria for DVCA's review
of Local Government Comprehensive Plant;

DOT's "action plan" to assure that transportation
projects are in conformance with Executive Order
81-105 and the DOT/DER MOU;

DOT/DER/EOG MOU to limit the provision of sewer
lines, and availability of wastewater grants
to undeveloped barrier islands;

DOC agreement to assure that industrial
development in coastal barrier or high hazard.
areas is in conformance with Save Our Coasts
strategies;

OPB memorandum requesting that all agency budget
requests, A-95, EIS, and Public Works Projects
be evaluated for impacts on coastal barrier
areas and conformaance with Executive order 81-105; and

a study by DNR to scientifically establish a coastal
preservation line, seaward of which no structure
or activity other than shore preservation would
be permitted.

SAVE OUR COASTS

Proposed Coastal Barriers Strategy

Introduction

The September 15, 1981 resolution of the Governor and Cabinet

directed the Interagency Management Committee (IMC) to develop new

programs and procedures for improved coordination of existing

programs, to include fiscal incentives where appropriate, to ensure

enhanced protection of coastal barriers. The IMC was requested to

consider but not limit itself to the following:

a., immediate and long-range goals and objectives for the

preservation and enhancement of coastal barriers;

b. analysis of the effectiveness of existing permitting

review procedures in meeting coastal barrier preservation

goals;

C. analysis of the effectiveness adequacy, and appropriateness

for utilizing existing legislation to meet coastal barrier

preservation goals. The analysis should include, but not

ited to, consideration of the potential utilization
be limi

and possible modification of the provisions for:

1) Development of Regional Impact and Areas of Critical

State Concern, as authorized by Chapter 380, F.S.;

2) Comprehensive Planning by Local Governments, as

required in Chapter 163, F.S.;

3) Acquisition, preservation, and regulation of coastal

barriers, as authorized in Chapter 161, 253, and 375, F.S.

On November 3, 1981, the IMC presented the Governor and Cabinet with

a report outlining several proposed c hanges in existi ng programs,

including changes in current le gislation and suggestions for new

programs. The recommendations were prepared under the auspicos@
of the September 15th Resolution.',:.Governor Graham and the Cabinet
asked Victoria Tschihkel, Chairman of the IMC, to develop the
recommendations and present them at its December 8th meeting.
This-report.contains the IMC recom mendations for legislative action
in the upcoming 1982 session plus Pepar tmental rule amendments and

internal procedures implementing the Save Our Coasts strategy.

These proposa.1s are designed to the $20,0 million re.venue

bond program for the acquisition P.f beaches.. The Save Our Coasts

strategy is A broad, interrelated program intended to ensure

enhanced preservation and protection of coastal barrier systems

in their various developmental stages. The.package must be evaluated

comprehensively in light of the overall goals of the Save Our Coasts

initiative.

For general guidance to the agencies, the following recommendations
were:developed with "coastal barriers" defined as follows:

The term "coastal barrier" encompasses a variety of.

features including islands, peninsulas, spits.,
(which generally are long and narrow, natural bodies of

land usually oriented parallel to the mainland shoreline).,

or high-energy mainland sand beaches. Coastal barrier@;

experience high-energy waves, winds, and tides; and ocean

actions, including flooding, are the prominent factors,that
shape and regulate these areas resulting in a dynamic and

constantly changing topography-

it is recognized that coastal barriers provide vital

protection for fragile coastal resources and are the first

line of defense for the mainland from wind and wave activity

occurring,, principally, from storm and hurricane impact.

A brief description of each statute and its recommended amend-

ments follow. The legislative text is found in Appendix A,

Attachments 1-8 and includes a synopsis of the amended statute,

followed by the statute itself. Suggested amendments to rules,

new programs, and implementation of existing Memorandum of

Understanding (MOU's) necessary to the SOC program, but not

requiring legislative action, are briefly described and found in

Appendix B.

Chapter 125, F.S. (App endix A, Attachment 1)

The IMC proposes that Chapter 125.0104, F.S., be amended to allow

the acquisition of coastal barrier property by a local government,

using monies derived from the "tourist tax". As it presently

stands, the "tourist" or "resort" tax, an optional one or two

cent sales tax approved by a local government, can be used to

acquire and operate convention centers, sports stadiums, auditoriums,

and similar facilities. It can also be used to promote tourism

and to fund convention and tourist bureaus. The amendment would

allow an additional use of the money-acquisition of beaches, and

beach accessways.

Chapter 1,61, F.S. (Appendix A, Attachments 2 & 3)

Chapter 161 authorizes,the estah.lishment of coastal construction

control- lines on a county by cou nty basis for the sandy beaches

fronting the.Atlantic and Gulf.%@.Control lines regulate. the

construction of structures seaward.of the line to protect the.

stability of the [email protected] system and minilmize.-bea.ch erosion.

Four amendments to the existing statute are recommended to:

(1) txpand.the geographic scope of the statute by.including

sand dunes and environmentally sensitive areas adjacent to the

beaches and sand dunes and allowing a line to be drawn landward

of the 100-year storm surge line to protect th e sensitive areas

(to be described either by rule.,O-r statute); (2) Allow design

features, siting or location, and cumulative effects to be

considered in the coastal constr..qption permit reviewprocess;

(3) Provide statutory.reinforcement to DNR policy to,consider

beach access as part of'the permit review process-; (4) Define
an ."authorized beach restoration project" and amend,Chapter 253,

F.S., to encourage the placement on beaches of sand material

dredged. as part of inlet or navigation channel maintenance

projects.

In addition, the IMC recommends that the DNR conduct a major
study to scientifically establish a 11coastal preservation'linell
seaward of existing coastal construction c'
ontrol lines in.'which
activities, other than shore prof.eiction would be prohibited.
When the scientific background material is obtained, legislative
action to establish the lines wil,l:.be required.

Chapter 253, F.S..(Appendix A, Attachment 3)

Amendment to Chapter 253 allows for materials dredged from state

sovereign submerged lands to be deposited for beach nourishment.

purposes on privately or publicly owned lands. The material must
be of a quality suitable for beach nourishmentand can only be

used for "authorized beach restoration projects" as defined

in an amendment to Chapter 161.

Chapter 163, F.S. (Appendix A, Attachments 4)
The Local Government Comprehensive Planning Abt '(LGCPA), if strengthened,

could help achieve the goals of the "Save Our Coasts" program.

Each plan sets the policies that form the basis for decisions.
by local governments. A coastal protection element is required

of all 159 cities and 35 counties located on the coast.

To neet the directives of the "Save Our Coasts" program, the IMC

recommends amending Chapter 163 to give DVCA statutory authority

to adopt rules related to approval of thecoastal protection

element of the LGCPA. Minimum criteria can then.be developed at

the state level, thereby assuring compliance with the local coastal

protection element of the LGCPA, and compliance among coastal

municipalities and counties.

The IMC also recommends increasing the funds provided to the

Local Government Comprehensive Planning Act Trust Fund, to be

directed specifically for improved coastal protection planning,

and for the development of'ordinances and regulations to implement

the coastal protection elements.

Chapter 252, F.S. (Appendix A, Attachment 5 &6)
Chapter '252 is the state"s bazard:mitigation statute.; 'Hazard
mitigation is'designed to reduce]the loss of life and property
and to control increasing fiscal liability from increased main-
tenance requirements and periodic.severe damage. The process is
a significant component of the "Save Our Coasts" program.

It offers opportunity to reduce expense of post disaster
rebuilding and prevent redevelopment in hazard areas. Amendments
recommended to improve existing p9astal protection policies are:
(1) Modify Section 252.44, F.S., to limit the use of *disaster recovery
funding so that state funds would be used to decrease'vulnerdbili'ty
to future disasters (such as implomentation'of hazard mitigation
Z

meapukesi adoption of an approved coastal protectioh element pursuant

to Section 163.17, F.S., or relocation; and (2) Seek limited eminent

domain authority and modify existing land acquisition programs to

acquire and protect coastal barrier property which has been'signifi-

cantly destroyed by hurricane or storm damage.

In addition, the IMC should be des Iignated as the State Hazard

Mitigation Committee as proposed in the state's Peacetime Emergency Plan.

Chapter 380, F.S. (Appendix A, Attachment 7)

The Development of.Regional Impact (DRI) process can be particularly

important to the state's barrier islands, many of-which are currently

experiencing significant development pressure. The IMC recommends

that Chapter 380 be amended to assure that development of coastal

..barriers. is compatible with the natural functions of such barriers

and does not exceed the capacity of state and local government to

provide public service and emergency assistance. To accomplish these

purposes, a.coastal barrier review process which parallels the

DRI process is recommended. The IMC suggests quantitative thresholds

of two dewlling units or developments of one acre for relatively

undeveloped barriers, and fifty dwelling units or developments of

.five acres for partially developed barriers. Developed coastal

barriers are reviewed for regional impact by the established DRI

process and thresholds.

Bu@2et-Considerations (Appendix A, Attachment 8)

Implementation of some of the aforesaid proposals will require

the following funding or budget actions:

(1) For DNR: The Coastal Preservation Line Study recommended

in amendment to Chapter 161, F.S. will require approximately

$180,870 frorn the Erosion Control Trust Fund. This figure

may vary depending upon the factors selected for further

analysis.

(2) For DVCA: A $1,.000,,'000 grant in aid to, local governments for

implementing.the-coastal element of the LGCPA.,

(3) For DVCA: To implement the hazard mitigation actions

in the amendments to Chapter 252, the IMC supports the

establishment of a $10 million per year Emergency Public

Assistance Trust Fund from the working capital trust fund.

If said money is not needed for disaster relief, up to

$3 million per year of the remainder may be set aside and

accumulated in a Disaster Acquisition Trust Fund up to

$20,00G,000. This money would be used to purchase

substantially destroyed property either through existing

land,acquisition programs or.the exercise of limited,. post-

disaster eminent domain., as ptoposed.in the amendment to

The following rule amendments dfid programs are recommended by

the IMC. Rule amendment requires the approval of the Governor

and Cabinet, rather than legislative action. The text of these

rules are set out in Appendix B

State Sovereignty Land Management Rule (Appendix 3, Attachment .1)

Providing access to a previously-inaccessible, undeveloped land
area such as a barrier island.can"c'ontribute to a significant

increase in developmentpermits on that land. Protecting a

coastal barrier, not only for its beaches and open space,.but

also for its wildlife and hazardmitigation benefits, is one.of

the goals of the "Save Our Coasts" program. The IMC recommends that

the state sovereignty lands management rule be amended so that

state-owned submerged,lands are not used, sold, leased, or trans-

ferred to provide road access to islands that would other-

wise remain inaccessible.

Individual Water and Sewage,Syst ems (Appendix B, Attachment 2)
Section.381.272, Florida Statutes and Chapter 1OD-6, Florida

Administrative Code, regulate individual onsite sewage disposal

system installation and use. At.:this time Chapter 1OD-6 is under-

.going extensive revision. The primary intent of the changes
is to strengthen criteria for site approval. If the statewide

minimum rules are successfully amended, improved installation,
function, and operation of individual onsite systems in coastal

areas can be expected. -However, because s*ecif ic, local conditions
p

associated with coastal barriers areas cannotbe adequately
addressed in state law or a minimum state code, the Department

of Health and Rehabilitative Services has drafted recommendations
.for voluntary adoption by local ordinance or for incorporation
into criteria for review of local gover nment comprehensive

plans by relevant state agencies. These recommendations direct.
minimum setbacks o.f.s.ewage systems from surface waters and private

water supply wells, strengthen soil and ground water table

elevation criteria, and address recommended development densities

and suggested means of sewage disposal.

Department of Transportation "Action Plan" (Appendix B, Attachment 3)

Executive Order Humber 81-105, signed by Governor Graham on

September 4, 1981 directs the use of state.funds for coastal

barrier projects only in those coastal areas which*can accomodate

growth, where there is a need for economic development, or where

potential danger to human life and property from natural hazards

is minimal. Such funds are not to be used to subsidize growth

or postdisaster redevelopment in hazardous coastal barrier areas.

The Department. of Transportation (DOT) is clearly affected by this

action because development normally follows the constiuction or

widening pf a b.ridge-or highway.

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A Memorandum of Understanding (MOU) between the Office of the Governonr,
the Department of Environmental Regulation and DOT complements
the Governor's Executive Order. DOT is not to approve road or
bridge projects involving the expenditure of pubic funds to
provide new access to undeveloped barrier islands unless an
overwhelming public interest can be shown. Also, DOT is to
provide DER with information on the planning, designing and
construction of facilities that would directly affect the coastal
zone. This will help evaluate activities so that they can be
consistent to the maximum extent practicable with the state's
coastal zone management plan.

In this report, DOT presents the methodology to be employed in
meeting the requirements of the Executive Order and the MOU.
This is presented in the form of an "action plan" and will guide
DOT, DNR, DER, DVCA and other agencies in the priority consideration
and evaluation of projects affecting and located on coastal barriers.

Department of Environmental Regulation (Appendix B, Attachment 4)
The DOT/EOG/DER MOU applies to placement of sewer lines on undeveloped
barrier islands. Wastewater management rule 17-6, recently adopted
by the Environmental Regulatory Commission as well as the priority
criteria (point system) for wastewater grants, dictate that
undeveloped barrier islands be given low priority in wastewater
grant allocations. Both the rule, the criteria, and the MOU com-
plement the goals of the "Save Our Coasts" program.

Department of Commerce (Appendix B, Attachment 5)
The Department of Commerce with the responsibility for attracting
and promoting industrial development to Florida will formulate
internal procedures to ensure that industrial development in

coastal barrier or high hazard areas is in conformance with the

Save Our Coasts strategies.

Governor's Office of Planning and Budgeting (OPB)(Appendix B,

Attachment 6)

The OPB has broad responsibilities for the development, analysis

andreview of state policies, programs and budgets. Relating these

responsibilities to the implementation of the Save Our Coasts

strategies including the Governor's Executive order 81-105, the,
Director of OPB by memorandum to all his' Policy Unit Coordinators

has requested that:

1) All' state agency budget requests and amendments be

@scrutinized for any effects on development in

coastal barrier areas.

2) A-95, Environmental Impact Statement, and Public Works

Projects are to be evaluated for any impacts on coastal

barrier areas.

3) State agencies will be requested to cooperate in this

review process and assure OPB that their requests

comply with the Governor's Executive Order 81-105.

APPENDIX A

APPENDIX A
Attachment I

Be It.Enacted by The Legislature of the State of Florida;

Section 1. Subparagraph 4. is added to paragraph (a)

of Subsection (4) of Section 125.0104, Florida Statutes, to read:

125.0104 Tourist development tax; procedure for levying;

authorized uses; referendum; enforcement.--

(5) AUTHORIZED USES OF REVENUE

(a) All tax revenues received pursuant to this section by

a county imposing the tourist development tax shall be used by

that county for the following purposes only:

4. To acquire the fee or other interest in coastal beach

lands or beach accessways, either by itself or as a part of a

state or federal acquisition program.

Section 2. This act shall take effe ct Ju ly 1, 1982

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Appendix A, Attachment 2

RECOMMENDATIONS PURSUANT TO CHAPTER 161 IN
RESPONSE TO THE "SAVE OUR COAST' RESOLUTION

The following recommended changes to Subsection 161.053 (l)
further define the areas to be protected, allow for a control
line to be established landward of the impact zone of the
100-year storm in cases where additional environmental pro-
tection is warranted, and recognize "siting" or location as
a subsequent permit consideration.

161.053 Coastal Construction and Excavation Regulation on County Basis.-

(1) The Legislature finds and declares that the state's beaches, of-the

state sand dunes and environmentally sensitive areas adjacent to such

beaches and sand dunes, by their nature. are subject to frequent and

severe fluctuations and represent one of Florida's most valuable

natural resources and that it is in the public interest to preserve

and protect them from imprudent construction which can jeopardize the their

stability of-the-beach-dune-system, accelerate erosion, provide

inadequate protection to upland structures, and endanger adjacent

properties and-the-beach-dune-system. In furtherance of these findings,

it is the intent of the Legislature to provide that the Department,acting

through-the-Division, shall coastal construction control lines

on a county basis along the sand beaches of the state fronting on the

Atlantic Ocean and or the Gulf of Mexico. Such lines shall be estab-

lished so as to define that portion of the beach dune system which is

subject to severe-fluentation impact based upon a 100-year storm surge,

storm waves and other predictable weather conditions. and so as to define

the area within which special structural design consideration is

required to insure protection of the beach-dune-system, and proposed

structures, and adjacent properties, rather than to define a seaward-

A-2-1

limit for upland structures However, the Department may establish

a segment or segments of coastal construction control line further

landward than the impact zone of a 100-year storm when it is considered

to be in the public interest to protect environmentally-sensitive

areas adjacent to the beach-dune system. Seaward of established coastal

construction control lines, special siting and design considerations

shall be necessary to insure the protection of the beach-dune system

and adjacent environmentally-sensitive areas, proposed and existing

structures, and adjacent properties.

The following recommended changes to Subsection 161.053 (4)(a)(b)(o)

adress the additional features to be considered in the permit review

process. They include design features, siting or location,

and major importance, cumlative effects. (4)(b)(c) are deleted

except for the language pertaining to local government setback and

zoning requirements. (4)(b) has wrongly implied that if a proposed

structure is in line with existing structures a permit will be

automatically issued. It serves no useful purpose and is misleading.

(4)(c) suggests that pipelines and piers are treated differently

than other structures during the permit review process. This is not

the case.

(a) The department may authorize an excavation or erection of a

structure at any riparian coastal location as described in subsection

(1) upon receipt of an application from a riparian property owner and

upon the consideration of facts and circumstances, including adequate

engineering data concerning shoreline stability and storm tides related

to shoreline topography, the design features of the proposed activities

or structures, and the impact of the sitting of such construction

including the potential cumulative effects of proposed and future

A-2-2

activities on the beach, sand dunes, or adjacent environmentally-

sensitive-areas, which, in the opinion of the department, clearly

Justify such a permit.

(b) If in the immediate contigous or adjacent area a numver of

existing structures have established a reasonably continuous and

uniform construction line closer to the line of mean high water than th

foregoing and if said existing structures have not been unduly affected

by erosion, a proposed structure may be permitted along such line on

written authorization from the department if such proposed structure

is also approved by the department --- However, The department shall

not conravene setback requirements or zoning or building codes

established by a county or municipality which are equal to, or more

strict than, those requirements provided herein.

piers extending outward from the shorelines, unless it determines that

the construction of such projects would cause erosion of the beach

in the area of such structures.

To further the intent of Chapter 161, the staff has suggested the

establishment of a coastal preservation line seaward of existing

coastal construction control lines. Such a line would define that

area of the beach system which is subject to frequent (vs the

100-year storm) fluctuations. No structure or activity other

than for shore-protection would be permitted in this coastal

preservation zone. Further, shore-protection structures would be

permitted only when determined to be in the (public interest.)

Unlike the 100-year storm surge used in coastal construction control

line establishment of coastal preservation lines. This is because of

A-2-3

the great variation in shoreline topography and existing conditions

in different areas of the state. In a given county or area, a

combination of the following criteria may provide a basis for

establishment of coastal preservation lines:

High frequency storms (20 to 25 year)

Historical vegetation lines

Elevation (tides)

Arbitrary setbacks (50-100 feet)

Long-term effects of the sea level rise

Line of existing structures or activities

The "unknowns" at this point in time are great. To insure a

scientigically sound and legal defensible basis for preservation

lines will require a major study effort - - not unlike the

effort made 10 years ago when the control lines was only concept.

The staff is recommending to the Committee that consideration be

given to supporting a statement of intent and a budget item for

the research requisite to a statutory amendment of Chapter 161.

Required funding, dependent upon the availability of expert consul-

tants, internal staffing, and needed computer time, could be as

high as $200,000. This activity may be funded through the Erosion

Control Trust Fund, pursuant to 161.091 (l)(i)(m).

A-2-4

Sectio n 161;041 pertains to onZy those activities on sovereignty
lands. This section does not specifically provide for beach access

as a consideration during the permit review process. In fact, the

entire St atute is silent on the issue. Although recognizing the
primary focus on beach protection, the Executive Director and staff
have-tried to maximize access through permit requirements and con-

ditions, considered as reasonable. This amendment will reinforce

existing policy.

161.041 Permits required. If any person, firm, corporation . .....

permit must be obtained from the Department of Natural Resources prior

to commencement of such work. Such activities-for shore protection pur-

po ses hall not, except on a temporary basis, further obstruct or impair

the use of the beach by the Public in the area seaward of mean high water,

except as determined by the department to be unavoidable for the protec-

tion of beach system or upland structures. Application for coastal con-

struction permits as defined above shall be made to the department 94v4-

s4eii-ef-Mat,4ne-Resettrees.upon such terms and conditions as set by rule

the-department.

A-2-5

Appendix A, Attachment 3

A bill to be entitled

An act relating to beach nourishment; amending
s. 161.141, Florida Statutes; eliminating
requirements,for fixing and determining certain

boundary lines; adding subsection (4) to s. 161.151,

Florida Statutes, defining "authorized beach
resioration project"; amending s. 253.03(10)(a),

Florida Statutes, 1980 Supplement, and ss. 253.12(5)(b)

and 253.123(2)(c), Florida Statutes, to provide for
the utilization of sand dredged from navigation

channels for beach nourishment on public and private

upland properties and in contiguous offshore waters;

providing an effective data.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 161.141, Florida Statutes, is

amended to read:

161.141 Declaration of public policy.--

(1) Beach erosion being a serious menace to the economy

and general welfare of the people of this state and having

advanced to emergency proportions, it is hereby declared to be

in the public interbst that appropriate steps be taken to

enhance and protect Florida's beaches from erosion, and that

the Legislature make provision for publiely-fimaneed beach

,end-restoration projects end
establish establishing and clarify clarifying the property

rights of the state and private upland owners arising from or

created by such projects. The Legislature hereby declares that

it is the public policy of the state to cause to be fixed and

determined, pursuant to beach restoration and

A-3-1

erosion-control projects, the boundary line between sovereignty
lands of the state bordering on the Atlantic Ocean,the Gulf
Of Mexico, and the bay, lagoons, and other tidal reaches
thereof, and the upland properties adjacent thereto, except
that, such boundary lines shall not be fixed for beach nourish-
ment projects resulting from inlet or navigation channel
maintenance dredging projects unless such projects involve
the construction or maintenance of an authorized beach restor-
ation project; however,prior to construction of such beach
nourishment project, the local sponsor shall establish the
line of mena high water for the area to be nourished, and
any additions to the upland property seaward of the estab-
lished line of mena high water resulting from the nourishment
project shallnot be used to justify inceased density as may
be in efficet for such upland property. It is further declared
that there is no intention on the part of the state to extend
its claims to lands not already held by it or to deprive any
upland or submerged land owner of the legitimate and con-
stitutional use and enjoyment of his property. If a
requested and authorized beachnourishment and restoration and
erosion control project cannot reasonably be accomplished
without the taking of private property, then such taking shall
be made by the requesting authority by eminent domain pro-
ceedings.
Section 2. Subsection (4) is added to section 161.151,
Florida Statutes, to read:
161.151 Definitions.--As used in ss. 161.141-161.211:
(4) "Authorized beach restoration project" means a
beach project authorized by the United States Congress or the
department which involves a specific project engineering design
and a project maintenance program for a period of not less
than 10 years.

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Section 3. Paragraph (a) of subsection (10) of section

253.03, Florida Statutes, 1980 Supplement, is amended to read:

253.03 Board of trustees to administer state lands;

land enumerated.--

(10) The Board of Trustees of the Internal Improvement

Trust Fund and the State of Florida through any of its agencies
are hereby prohibited from levying any charge, by whatever name
knownj_ or attaching any lien, on any and all materials dredged

from state-sovereignty tidal lands or submerged bottom lands or

on the lands constituting the spoil areas on which such dredged

materials are placed, except as otherwise provided for in this

subsection, when such materials are dredged by or on behalf of

the United States or the local sponsors of active federal

navigation projects in the pursuance of the improvement,

construction, maintenance, and operation of such projects or by

a public body authorized to operate a public port facility (all

such parties referred to herein shall hereafter be called

Opublic body") in pursuance of the improvement, construction,

maintenance, and operation of such facility, including any

public transfer and terminal facilities, which actions are

hereby declared to be for a*public purpose. "Local Sponsor"

shall mean the local agency designated pursuant to an Act of

Congress to assume a portion of the navigation project costs

and duties. Active federal navigation projects are those

congressionally approved projects which are being performed by

the Corps of Engineers, United States Army, or maintained by

the local sponsors.

(a) Except for beach nourishment seaward of existing

lines of vegetation on privately owned uplands fronting on

the waters of the Atlantic ocean or Gulf of Mexico, and

authorized pursuant to the provisions of Part I of

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chapter 161, no materials dredged from state-sovereignty tidal
or submerged bottom lands by a public body shall be deposited
on private lands until:
1. The United States Army Corps of Engineers or the
local sponsor shall first have certified that no public lands
are available within a reasonable distance of the dredging
site; and
2. The public body shall have published notice of its
intention to utilize certain private lands for the deposit of
materials in a newspaper published and having general
circulation in the appropriate county at least three times
within a 60-day period prior to the date of the scheduled
deposit of any such material, and therein advised the general
public of the opportunity to bid on the purchase of such
materials for deposit on the purchase's designated site,
provided any such deposit shall be at no increased cost to the
public body. Such notice shall state the terms, location, and
conditions for receipts of bids and shall state that the public
body shall accept the highest responsible bid. All bids shall
be submitted to the Trustees of the Internal Improvement Trust
Fund. All moneys obtained from such purchases of materials
shall be remitted forthwith to the Trustees of the Internal
Improvement trust Fund. Compliance with this subsection shall
vest, without any obligation, full title to the said materials
in the owner of the land where deposited.
Section 4. Paragraph (b) of subsection (5) of section
253.12, Florida Statutes, is amended to read:
253.12 Title to tidal lands vested in state.--
(5)
(b) Neither this subsection nor any other provision of
this chapter shall be construed to permit any state agency or

A-3-4

county, city, or other political subdivision to construct

islands or extend or add to existing lands or islands,bordering

on or being in the navigable waters as defined herein or drain

such waters for a municipal, county, state or other public

purpose unless such agency is the riparian upland owner or holds
the consent in wr itin'g.of the riparian upland owner consenting

to such construction or extension or drainage operation. For

the purposes of this subsection, "riparian upland owners" shall

be defined as those persons owning upland property abutting

those portions of the waters to be filled or drained, which ate

within 1,000 feet outboard of said riparian upland, but not more

than one-half the distance to the opposite upland, if any, and

within the extensions of the side boundary lines thereof, when

said side boundary lines are extended in the direction of the

channel along an alignment which would be required to distribute

equitably the submerged land between the upland and the channel.

However, nothing herein shall be construed to deny or limit any

state agency or county, city, or other political subdivision

from exercising the right of eminent domain to the extent and

for the purposes authorized by law in connection with such

construction, extension, or drainage projects; and nothing

herein shall be construed to have application in those instances

when the board is authorized by law to establish an erosion

control line to implement an authorized.beach neeriahmemb7

replenishmentT-er-eresion-eentreI restoration project, or for

the placement of sand dredged from navigation channels on

beaches fronting the waters of the Atlantic Ocean or the Gulf of.

Mexico, provided that such sand shall not be placed landward

of existing lines of vegetation.

Section S. Paragraph (c) of subsection,(2) of section

253.123, Florida Statutes, is amended to read:

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253.123 -Restrictions on filling land and dredging..--

(2) The removal of sand, rock or earth from the

navigable waters of the state as defined in s. 253.12 and the

submerged bottoms thereof by dredging, pumping, digging, or

any other means shall not be permitted except in the following

instancesi

placement of sand dredged_from navigation channels on beaches

fronting, on the waters of the Atlantic Ocean or the Gulf of

Mexico, provided that such sand shall not be placed landward of

existing general lines of vegetation; and

Section 6. This act shall take effect October 1, 1982..

A-3-oz

HOUSE SUMMARY

Amends provisions of law relating to beach and shore
preservation and state lands to:
(1) Provide that boundary lines between the sovereignty
lands of the state bordering on certain bodies of water and
the upland properties adjacent thereto need not be fixed for
beach nourishment projects resulting from inlet or navigation
channel maintenance dredging projects unless the projects
involve the construction of an authorized beach restoration
project,,and to provide certain requirements with respect
thereto.
(2) Define "authorized beach restoration project" as a
U.S. Congress-approved or Department of Natural Resources-
approved project involving a specific project engineering
design and a project maintenance program for a period of not
less 10 years.
1 (3) Provide for utilization of sand dredged from
navigation channels for beach nourishment on public andi
private upland properties and in contiguous offshore waters
at no cost to public or private interests, under certain
conditions.

A-3-7

Appendix A, Attachmeht 4

SUMMARY TO 163

As part of a local government comprehensive plan, a coastal
zone protection element is required of all jurisdictions with
coastal barriers. Requires the state land planning agency to
adopt minimum criteria for approving coastal zone protection
elements so consistency and quality among elements is insured.

A-4--l

RECOMMENDED CHAN=@TO CHAPTER 163
(LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT)
IN RESPONSE"tO'THE INTERAGENCY MANAGEMENT
COMMITTEEREPORT 0$*` "SAVE OUR COASTS"

.163.3177(6).(g) For those units.:Qf local government lying in

part or in whole in the coastal';'zone as defined by the Coastal
Zone Management Act of 1972, Ti..
..ple 1.6, United States Code s.
1453,(a), 4 @;oastal zone protection element, a propriately
P
related to the particular requirements of paragraphs (d) and-
(e), including qurveys of existing vegetation types which need
to be preserved for natural control of dune,an.d beach erosion
and surveys of traditional patterns of public access and us e
of beach resources, setting put,.:the policies for:.
1. 'Maintenance, restoration, and enhancement of the
overall quality of the coastal zone environment, including,
but not limited to. its amenities and aesthetic values.

2. Continued existence of optimum p9puliations of All
species of wildlife.
3. The orderly and b4laAced utilization and preserva-
tion, consistent with sound conservation principles, of all
living and nonli ving coastal zone resources.

4. Avoidance of irreversible and irretrievable commit-
ments of coastal zone resourcei.`
5. Ec6l,ogical planning principles and assumptions to
be used in the determination of,.-.suitability and extent of per-

mitted development.

Proposed msnagement'j@nd regulatory techniques.
The state land planning agency as authorized by s. 163.
3184(2) and Chapter 120, shall adopt minimum criteria for

approving coastal zone protection elements. Criteria for

approval shall relate to building construction standards,,

restrictions on development activities, identification of areas

which are vulnerable to natural disasters and where redevelopment should

be limited in the event of destruction, and identification
of other techniques to reduce destruction of coastal zone

A-4-2

resources by natural or man-made causes. In addition, at

least 60 days before the adoption by a governing body of the

coastal zone protection element, the governing body shall

transmit a copy of the proposed element to the Department

of Environmental Regulation or its successor for written

comment pursuant to s. 163.3184.

163.3184

(2) Within 60 days, or any longer period to which the governing

body has agreed, after a local government has transmitted a

proposed comprehensiv e plan or element or portion thereof to the

state land planning agency, the state land planning agency shall

submit in writing its comments on the proposed comprehensive

plan or element or portion thereof, together with the comments

of any state agencies to which the state land planning agency

may have referred the plan. The state land planning agency shall

specify any objections and may make recommendations for modifications.

The review of the state land planning agency shall be primarily

in the context of the relationship and effect, under chapter 23,

of the locally submitted plan or element or portion thereof to or
on the comprehensive plan or element or portion thereof, and in

the context of the impact of the locally submitted plan or element

or portion thereof on the lawful responsibility of state agencies.

Review shall also be on the basis of criteria_adopted by the State

Land Planning Agency as rules pursuant to Chapter 120. Such

criteria shall specify as a minimum how consistency among

elements is to be insured.

(3) The procedure of subsection (2) shall apply to review by
ihe regional planning agency. The time sequence of subsections
(2) and (3) shal 1 run concurrently upon appropriate transmittal.

Review by the regional planning agency shall be primarily in the

context of the relationship and effect of the locally submitted

plan or element or portion thereof to or on any regional

comprehensive plan and such review shall be in accordance with

criteria established by rule pursuant to Chapter 120, F.S.

A-4-3

Appendix A, Attachment 5

SUMMARY TO 252.44(4)

Requires the Governor in a post-disaster situation to take
efforts to ensure that state money used in the recovery
process is used in a manner that reduces future vulnerability
to the effects of the hazard causing the disaster on coastal
barriers.

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D R A F T

Revisions to Chapter 252 to implement Governor Graham's Save
Our Coast Program

252.44

(4) In the event the Governor declares a state ofemergency

or disaster to exis t As a result of a natural hazard,

on a coastal barrier,",:,as defined in or in the
event the President cip"clares portions of the state a
major disasterarea,. the Governor shall take efforts
to ensure that the state money needed to recover from

the emergency or d-isatter is used in a manner that

reduces future vulnerability to the effects of the

hazard causing the emergency or disaster. To achieve

this goal, the Governor may require as a condition to

applicants receiving state disaster recovery funding,

the implementation of".'hazard reduction measures, the-

relocation of public facilities to areas outside his-
torically high hazard@ :'coastal barriers, and the adoption

of an approved Coaste(!-Zone Protection Element pursuant

to-Section 16.3.3177,.F.S.. Relocation will be considered

when property is damagqd or de@stroyed to the extent that
its future vulnerabill"'Ity does not warrant public invest-

ment in its repair. The conditions required shall not

preclude the immediafe''use of state resources necessary

to perform emergency work such as debris removal,

emergency measures to'--.@Ave lives or to protect the
health and safety of public, or to Rrotect critical
facilities including, I@ut not limited to hospitals, jails,

police and fire stations, sensitive data or hazardoud

materials storage cent-ers, and utilities.

A-5-2

Appendix A, Attachment 6

SUMMARY TO 252.44(5)

Allows in a post-disaster situation where other means of
hazard mitigation are either inappropriate or impractical,
the use of eminent domain for public acquisition of real
properties that are identified as being highly vulnerable
to future disaster.

A-6-1

`D R A F T

Revisions to Chapter 252 to implement Governor Graham's Save
Our Coast Program

252.44
(5) Disaster prevention may include the post-disaster identification of real property appropriate for public
acquistion by eminent domain or other purchase. The Interagency Management Committee established by
the Governor and Cabinet or similiar successor interagency body shall, with the assistance of the
governing body of the local jursidiction in which the property is located, identify property where
structures have been substantially destroyed, where future vulnerability to disasters is likely and
where other means of limiting future loss of life and property are either inappropriate or impractical.
The Interagency Management Committee shall refer a recommendation for acquisition to the Committee
established in Section 259.035, F.S., to the Division of Recreation and Parks pursuant to Section
258.021, F.S., to a County Beach and Shore Presevation authority established pursuant to Section 161.25,
F.S. or to any other appropriate state or local public agency with authority to acquire property. In
addition to any other funds provided by law, acquisition funds may be made available by the Governor from
the Emergency Public Assistance Trust Fund created by Section 252.37.

A-6-2

Appendix A, Attachment 7

SUMMARY To 380.13

Provides a procedure for review of development on coastal
barriers so as to ensure that future development will be
compatible with the natural functions of such barriers and
does not exceed the capacity of state and local government
to provide public services and emergency assistance.

A-7-1

DRAFT -November .25, 1981

PROPOSED COASTAL BARRIER DEVELOPMENT LEGISLATION

380.13(l) Purpose

(a) It is the legislative in'.tent to preserve and protect
the coastal barriers of this state-@'which :constitute a valuable

and unique natural resource of the state and serve vital natural

and ecological functions that are threatened by the activities

and interference of man. CoAstaltarriers form the firstline, of

defense for the mainland against both winter storms and hurricanes.

The protection also encourages the@-development of low-energy tidal

wetlands and marshes.. Coastal barriers also create estuaries.

The semi-enclosed lagoons behind the islands permit mixing of

salt and fresh waters and create estuarine conditions. Coastal

barriers provide unique habitat for birds, wildlife and plant life

and.protdct waters that ar6,vital to the food chain and tospecies

of fish and marine life., Development activity on coastal barrier,s

leads to.demandg for public services and expenditures by local and

state government for roads, potabl..e water, sewage treatment, bridge
construction, beach preservation, fire and police protection, and

for disaster assistancelwhen storms and hurricanes strike the

barriers. In order to protect the@health, safety and quality-of

life of the citizens of this state;@and to protect the natural

resources and environment of this state as provided in S.7,, Art. II

of the State Constitution, it isr.iecessary to limit and to plan

for and manage development of coastal barriers so as to insure that

any future development of coastal!@
barriers will be,compatible with

the natural functions of such barriers, and does not exceed-the
capacity of such barriers to accommodate development and the capacity

of local and state government to.,provide public services -and emergency

assistance.

A@-7_2:

Coastal Barrier Draft page 2

In order to accomplish these purposes, it is necessary that

the state establish a coastal barrier development review process

and standards to guide local decisions relating to growth and

development of coastal barriers.

(b) It is also the intent of the legislature that in order to

preserve the natural functions of undeveloped coastal barriers,

to limit the demand for construction of bridges, roads and'public

services, and to limit the amount of development and population

on coastal barriers so that injury and destruction resulting

from storms and hurricanes will be minimized, and to ensure that

any future development of pristine undeveloped coastal barriers

is well planned, that future development proposed for a presently.

undeveloped coastal barrier be more closely reviewed and regulated

than proposed development on coastal barriers that have already

experienced alterations by man and the impacts of development.

380.13(2)(a) For the purpose of this section, coastal barriers

shall mean peninsulas, spits, and islands which

are entirely or partially within an area three

miles seaward of the mainland coastline of the

State of Florida. These coastal barriers typically

experience high energy waves, winds and tides

and are more vulnerable to.storm and hurricane

damage than the mainland areas protected by such

coastal barriers.

A-7-3

380.13(2) (b)

1. Category A coastal barriers includes all major undeveloped coastal barriers, the uncontrolled development of
which would threaten their natural function and integrity, and shall consist of the following:
(List will be provided later)
2. Category B coastal barriers includes all major coastal barriers which are partially developed or are
experiencing growth pressure which would threaten their natural function and integrity, and shall consist of
the following:
(List will be provided later)
3. The Florida Land and Water Adjudicatory Commision may, by adoption of emergency rules, designate any other
coastal barrier as a Category A or B coastal barrier upon the recommendation of the state land planning agency
if the Commission finds that it is in the public interest to:
A. manage the development or reconstruction on a coastal barrier following a major storm, flood or disaster;
B. respond to growth and development pressure by requiring conformity with the standards of this act.

A-7-4

380.13(3) Proposed coastal barrier development that shall be

subject to the requirements of this section prior to

any construction or development activity,,as defined

in Section 380.04, includes the.following:

(a) In Category A coastal barriers two or more dwelling

units, Ior the subdivision of land, including

submerged land, or airspace into two or more lots,

parcels or interests for sale as site for future

development of dwelling units. The term "dwelling

unit" shall mean each area,room or structure design ed

to provide living space or accommodation for one.or

more persons and shall include but not be limited

to single-family residences, apartments, condominiums,

hotels, motels, campgrounds, mobile home parks,

recreational vehicle parks and marinas.

Any other type or combination or types of development

on a site, including any submerged lands or the

water above submerged lands, which is part of a

common plan of development for one acre or more,

whether or not there is one owner or developer of

such site.

(b) In Category B coastal barriers, fifty (50) dwelling

units or the subdivision of land including submerged

land, or airspace into 50 or more lots, parcels or

interests for sale as sites for future development

of dwelling units. Any other type of construction on

a site that is five acres or more in size,and any

structure that is 40 feet or more in height.

A-7-5

3.80.113(4)

(a) Any owner or developer proposing coastal barrier

development as specified in subsection (3) of this

section shall submit a coastal barrier application

for development approval with the appropriate local

government having juris.diction over the development

site, with the appropriate regional pl4r@ninq agency
and with the state land planning agency.

(b) The application for development approval of coastal

barrier development shall be reviewed by the regional

planning agency and a development order issued, by

the appropriate local government utilizing the,same

procedures and time limits specified for developm6nl.ts

of regional impact. in Section 38.0.0,647) et seq.

However, the regional plianning agency's report and

recommendations shall emphasize the factors specified

.in Section 386.06(11)(.a.) in regard to the impacts

and effects of the proposed development upon the
coast.al'barrierand its -functions rather than the region.,

4Q0,13(5) In addition to criteria specified in Section 380.06

(11)(a) the regional planning agency, in its report

and recommendations, and local government, in its
develooment order, shall address the following criteria
and standards for coast''a'l barrier develooment:

(a) Buildings shall be constructed so as to withs,t'and

the anticipated wind velocity of the 100 year storm

event and so that living and working ar .eas are-at

or above the'100 year -flood level.

A- 7-,6

(b) Development activity or.construction shall not be

permitted that would:

1. alter the primary or secondary dune systems,

including associated vegetation;

2. allow septic tanks on lots smaller than one

re;

3. lower the level of service on public roads

and bridges at build out of the development

below level of service D during peak hours

and below levelof service C at any other.time;

4. a. eliminate or interfere with the functions

of any mangroves or fringe wetlands on

the development site except for isolated

interior wetlands which may be used for

storm water retention areas;

A-7-7

380.13(5) continued

b. remove or destroy any threatened or

endangered spieces on the site;

c. introduce or further the spread'of exotic

species;

5. be located in areas overwashed by the 25 year

storm event;

6. cover or remove native vegetation from more than

40% of the site
7. permit vehicular traffic on dunes or beaches;

8. require or result in the use of potable water
for the watering of lawns, golf courses or

vegettation;

9. result in the distance between points of public

access to beaches being, separated , by more than.

2000 feet.

10. not allow the safe evacuation of persons

from the barrier Within the 12hour hurricane

warning period

380.13(6)

(a) Nothing in this. section shall limit or modify the-

rights of any' person to complete development that

has been a authorized by local government's issuance

of a development of regional impact development order
pursuant to Section 380.06 or issuance of a 'building

permit, or to, complete a development plan formally

approved by local government which is in excess of

380.13(6) continued

fifty percent constructed as of the effective.

date of this act.

380.13(7) Development or ders. issued by local government pursuant

to this section in regard to coas tal barrier develop-
ment shall be appealable to the Florida Land and

Water Adjudicatory Commission in accordance with the

provisions of Section 380.07.

380.13(8)

(a) If any developer is in doubt as to whether proposed

coastal barrier development is subject to the provi-

p
sions.of this Section or whether he has a vested

right to continue and complete any development begun

prior to the effective date of this act, he may

request a binding letter of interpretation from the

state land planning agency which shall be issued in

accordance with the procedures specified in Section

380.06(4).

(b) If a proposed change to a coastal barrier ' development

concerning which rights had previously'vested

pursuant to this Section:

1. is required as a permit condition or reauire-

ment imposed by any state or federal regulatory

agency, or would result in reduced adverse

impact to the island and its natural functions,

and would not violate the standards specified

in Subsection 380.13(5), the change shall not

divest rights to complete the development.

A-7-9

380.13(9) The state land planning agency may adopt rules to

implement the provisions -of this Section and shall by

rule adopt a uniform schedule of fees, to be charged

by regional planning
agencies for the review and

report to local government concerning proposed coastal

barrier developments.

A-7 q-10

Appendix A,.Attachment 8

Chapter 161, Coastal Preservation Line
a rough estimate sets funding need at $187,870 to be Allocated
as follows:

Coastal Engineering Expert Consultants ........... $45,000
Half time [email protected] ................. $27,500
Computer Support Services (11,000 hrs @ $60/hr)..$66,000
Computer.Support Position ........................ $15,370
Computer Analyst .................................. $27,000
The computer service's required may vary depending upon the
factors selected for analysis.

A-8-1

STATE OF FLORDIA
DEPARTMENT: VETERAN & COMMUNITY AFFAIR
Local Resource Management
BURFAD: Local. Government Assistance PROGRAM COMPONENT NUMBER AND TITLE
FRC RCC: OS.OS.02 Local Planning and Development Assistance
ISSUE NUMBER:
The coastal area is one of Florida's most valuable economic and environmental resources. The protection of this area
viability of the state's tourist and seafood industries. rfforts have been made to coordinate development in
management plan and regional coastal policy plans. However, these efforts can have only limited success because responsibility
ment 'of land development is vested almost exclusively at the local government level.
The Local Government Comprehensive Planning Act of 1975 requires cities and counties in the coastal zone to include a
in their comprehensive plan. However, the review of 'local plans indicates that most local governments lack the technical e
needed to adequately plan for protection of the coastal area. Consequently, the Interagency Management Task Force has recommended
appropriated. in the 1982-83 budget to establish a grant program for ci cities and counties in the coastal zone.
The Coastal Comprehensive Planning Assistance Program will provide grants to local governments in the coastal zone for
amendment and evaluation/appraisal of the coastal zone protection elements and related elements of local comprehensive plan
The Interagency Management Task Force also recommended that the Local Government Comprehensive Planning Act be amended
Planning Agency (DVCA) the authority to adopt minimum, criteria for approving coastal protection elements; (b) improve the A
for counties that must develop a coastal protection,, element; and (c) give the state authority to ensure that coastal protection within each county.
During:.FY 1982-83, one Senior Planner and one Associate Manner position will, be needed to administer the grant program,

and poveride technical assistance to coastal communities. These
coastaal protection elements.an positions be required
coastal protection elements for compliance with state established criteria, to monitor consistency of coastal protection el
and to administer grant closeout activities.

Social Health $ Life
Class Code Position Title F.T.E. Rate Retirement Security Insurance Lapse TOTAL
0595 Senior Planner 1.0 $22,212 $2,423 $1,488 $539 -$533 $26,129
0594 Associate Planner 1.0 $17,328 $1,890 $1,161 $530 -$418 $20,491

FY 1983-84 198
General General I
Approprlation Category: Revenue TF TF Total Ile nt
$46,620 $46,620
SALARIES AND BENEFITS:
OTHER PERSONAL SERVICES:
EXPENSES: $9,554 $9,554 9,554
941,798

AID TO LOCAL GOVERNMENT: $2,028 $2,028 2,028

OPERATING CAPITOL OLPPLAY
LUMP SUM

APPENDIX B

Appendix B, Attachment 1

The current State Sovereignty Land Management Rule is found
in.the Florida Administrative Code, Section 16 Q-17. The
suqqested, amendment is" as follows:

The use of sovereignty submerged lands for the purpose of
providing road access to islands where such access does not
previously exist is prohibited, unless the board finds:

1) Construction and use of road access is the least
damaging alternative and

2) Use of state lands for this purpose is in the public
interest.

B-1-1

Appendix B',.Attachment 2

Draft of Suggestion to be Presented for
Incorporation in Local Ordinances or
Comprehensive Development Plans Regarding
Onsite Sewage Disposal Systems

Section 381.272, Florida Statutes, and Chapter 1OD-6, Florida
Administrative Code, are the State law and administrative rules
pertaining to individual onsite sewage disposal system installa-
tion and use. State law and minimum statewide individual onsite
sewage disposal system rules, must of necessity, be relatively
general. Therefore, in order to provide adequate safeguards for
protection of the public's health in specific local or regional
situations,.local ordinances or development Plans which strengthen
State, requirements are essential.

The following suggestions and guidelines concern individual
onsite sewage disposal system location, installation, operation
and maintenance in Florida's coastal areas and, in particular,
coastal barrier environments.

Definitions

1. "Effective soil depth" - the depth of satisfactory soil
material lying above a non-pervious layer, such as heavy clays,
hardpans, or bedrock. Satisfactory soils do not impede the move
ment of airwater and/or the growth of Plant roots.

2. "Environmentally sens itive area" - to be defined by the
Department of Natural Resources.

3. "Flooding" - a temporary covering of soil surface by
water from any source, such as streams overflowing their banks,
runoff from adjacent or surrounding slopes, inflow from high tides,
or combinations of these. U.S. Soil Conservation Service soils
maps can be used to determine areas subject to frequent flooding.

4. "Ground water table" - refers to the seasonal, tem, 'Porary,
or permanent saturation of soil in an area proposed for the use of
an individual onsite sewage disposal system. Actual observation
of water saturation levels and evaluation of physical evidence,
such as soil color and soil mottling, are used to determine maxi-
mum expected water table elevations.

5. "individual onsite sewage disposal system" - means any
sewage treatment and disposal facility including standard septic
tank and subsurface soil absorption systems, or alternative and
experimental systems which are proposed for installation and use
on individual lots.

B-2-1

6. "Shallow potable water':!1supply well"' any water supply
well, intended for use as a potable water supply, which obtains
water from an,underground stratu'ALwhich is saturated with water
exposed to atmospheric pressure@:':@:@The ground water.table for such
wells rises and falls,according@-to the amount of rainfall in the
area, the rate at which water i's drawn from or added-to it, the,
barometric pressure, and,other:6onditionS.

(1) Soil r

Much of Florida's coastal environment has soil conditions
which are rated as having severe or moderately severe limitations
for the use of standard septic tank and soil absorption systems..
To provide for adequate absorptl''on, filtration" oxidation and
retention of sewage effluent in.,the soil, so.as to eliminate, or
reduce to a harmless level, bact 'eria, viruses and chemical contam-
inants, a minimum depth of satisfactory soil is necessary.

Recommendations

(a) The minimum effective soil depth throughout t 'he soil
absorption facility installation site should be at least seve.nty-.
two (72) inches.

(b) Where soils of rapid permeability (a percolation rate
of less than two minutes per inch) exist, and where the ground
water elevation is expected to be less than forty,:--eight (48)
inches below the bottom infiltrative surface of the'soil absorption
drainfield facility, a minimum of twenty-four (24) inches of the
rapidly percolating soil which-will lie directly beneath the
proposed drainfield system should be replaced with a finer textured,
less permeable soil layer.

(2) Ground Water Table

A naturally saturated soil *has only limited capacity for
absorbing the added hydraulic load supplied by an individual onsite
waste disposal system. Consequently, a system installed in a high
ground water table area may fai'I'due to lack of soil absorption
capability. In addition, a saturated soil is a poorly aerated soil.
Lack of oxygen in the soil can lead to a rapid buildup of an
impervious organic mat in the drainfield and result in failure of
the system. Also, an unsaturatg@[ soil, as opposed to a saturated
-soil, is better able to physically entrap sewage particulate matter.
Entrapment and retention of particulate matter in voids and pores
is thought to be responsible for.much of the treatment..provided by
Soil.

Recommendations

(a) The water t-able elevation at the wettest season..of the.

B-2-2

year or in conjunction with a normal high tide, should be at
least thirty-six (36) inches below the bottom infiltrative surface
of a soil absorption facility.

(b) Individual onsite sewage disposal systems should not be
.utilized where the general installation area is subject to frequent
flooding or innundation.

(3) Potable water supply and Surface Water_Quality

The availability of an adequate and safe supply of potable
water is a fundamental need. It is also critical in coastal areas,
where surface waters are a source of food and recreation, to protect
the public from direct or indirect contact with pathogenic organisms
or other contaminants associated with human sewage. The fate of
biological organisms and chemical nutrients, as a result of passage
of sewage effluent through soils, is an extremely complex and not
readily predictable phenomenon. However, it has been consistently
demonstrated that as sewage travels through a soil, the number and/or
concentration of all types of contaminants is reduced due to dilution,
dispersion, soil absorption, chemical rea&fton-, microbiological
activity, root uptake, and other natural processes.

Recommendations

(a) Development in areas that do not have an adequate and safe
potable water supply source should be prohibited.

(b) Where possible, potable wate r should be supplied via a
municipal or other approved public water supply system.

(c) Where individual water supply wells are the only source of
potable water, a deep water source is highly recommended. Where a
deep well is utilized a minimum horizontal setback from all sewage
pollution sources must be at least seventy-five (75) feet. For
shallow wells, the minimum horizontal setback from all sewage sources
should be at least one hundred (100) feet. However, where the volume
of domestic sewage discharge within 100 feet of the well is antic-
ipated to begreater than 5000 gallons per day, where the water
withdrawal from a shallow well is expected to be,great, or where soil
is extremely porous or fractured, the minimum shallow-k611--siatbAck
requirement should be increased.
@d@ Minimum setbacks from coastal waters for various types of
ons.ite sewage disposal systems should be:
1. For conventional septic tank and drainfield - 100 feet
2.. For mound type drainfield systems 150 feet
.3. Package. aerobic treatment plants 200 feet

If proposed development is contiguous to environmentally sen-
sitive areas, or other areas where water quality is critical for
publichealth protection, increased setbacks may be warranted based

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on.such factors as an.evaluation :of hydrogeological :chara*cter of
the area and anticipated wasteloads.

(4) Residential Subdivisions

Use of individual onsite waste disposal systems.for small lot
size residential developments can'. result in disposal of wastewater
in close proximity to occupied prpmises. Depending on site charac-
teristics, the size of individualsystems .may require use of most
of the remaining available open area of a lot which is not utilized
by the residence. When one or more onsite systems fail usually a
number of families areaffected by the subsequent creation of
sanitary nuisance conditions. Also, high density use of onsite
systems in coastal areas, with poor soil and water table conditions,
can result in oversaturation of soil and the potential long distance
travel of inadequately treated sewage.

.Recommendations

(a) Where high density,development is proposed in areas con@_
tiguous to critical areas of protectio4, public sewage disposal
facilities are recommended.

(b) If public sewers are.not available or feasible., the us e of
..cluster systems should be required. Cluster systems can be designed
in various ways. However, in a typical 8ystem,liquid from several
septic tanks flows to one pumping tank., The pump then forces liquid
through a piping system to a treatment and disposal system. The
treatment and disposal system, which may be a large soil absorption
system, should be located in a suitable area distantly removed from
critical areas.

(c) Where cluster systems are utilized, a legally binding
operation and maintenance agreement must be formalized and approved
by all concerned parties (i.e.,, property owners, developer,.local
government, and the holder of an::bperational/maintenance franchise).

B-2i..4

Appendix B, Attachment 3

MEMORANDUM
DATE November 19, 1981
State of Florida Department of 'rransportation

TO Div ision Directors, t e ransportation Engineer, District Engineers

FROM Paul N. Pappas, Acti etary
COPIES To Engineer of-Structures intenance, Administrators of Program
Developnent, Transportation Priorities, MPO Liaison, and Chief,
Bureau of Enviroment
SUBJECT Transportation Projects and Coastal Barriers

Background

Florida's coast, its barrier islands, beaches and adjacent lowlying
areas, attract visitors and development. At the same time, these coastal
areas remain vulnerable to storms which present a threat to human life
and property. The coast is part of a fragile and dynamic system, subject
to constant alteration by waves, tides, and winds.

It is the stated policy of the State of Florida to protect and manage
Florida's extensive, fragile coastal resources to enhance recreational,
economic and.natural resource values for both present and future Floridians.

Governor-Graham has proposed a major initiative within the state's
coastal protection policy that is primarily designe,4 to er&mce that policy.
The Governor's "Save Our Coasts" plan focuses on preserving the use and
enjoyment of Florida's beaches for the people.

The Department is clearly affected by this plan.,

Discussion

In January 1981 a Memorandum of Understanding was signed by the Office
of the Governor, and the Departments of Enviromental Regulation (FDER) and
Transportation (FDOT), stating:

a. Road or bridge projects involving the expenditure of public
fmds (Federal and State) to provide new access to undevel2R-
ed barrier islands will not be approved by the Department of
Transportation unless an overwhelming public interest can be
demonstrated;

b. For those new or substantially improved roadways and bridges
to be consli-dered designated in coastal high hazard zones
(V-zones), the design standards should be consistent with
the intent of the Federal DOT Final Rule on Location and
Hydraulic Design of Encroachnents on Flood Plains (Federal
Register, Vol. 44, No. 228, November 26, 1979); and

c. FDOT will provide notice to FDER of intent to conduct
activities, including the necessary steps during planning
t te
L*resin'el

B-3-1

Division Directors, State Transportation Engineerl.
District Engineers
November 19, 1981
Page 2

and design phases that would directly affect coastal areas,
so as to provide FDER, at the eia'rliest planning stages, an
opportunity.to evaluate activities as to their consistency
to the maximum extent practicable with.the state coastal
management program.
This MOU was implemented within the Department and reemphasized in
Secretary Varn's memorandum of September 3, 1981 in which he stated he
would fully review each project involving bridges to coastal or barrier
islands.

On September 4, 1981 the Governor signed Executive Order 81-105
directing the Secretary of Transportation to take the following actions:
Encourage,, in cooperation with local-governments, appropriate
growth managenent so that population and property in coastal
barrier areas are consistent with evacuation capabilities.
Direct the use of State and Pederai-funds fot coastal barrier
projects only:
in those coastal.areas which can accommodate growth

- where there is a need and desire for economic development

- or where potential danger to human life and property is
minimal (for transportation.,'::projects.this means funds
should be used where inadeqy@te evacuation capabilities
exist to serve existing popftlation or a present facility
is not structurally sound).

Such funds are not to be used to subsidize growth or post disaster
redevelopment in hazardous coastal,;:,barrier areas.
The term coastal'barrier as used a@ove is defined as encampassing
variety of geanorphic features including islands, mainland beach
areas, peninsulas, spits, and sandy keys. Coastal barrier systems may
be characterized by sandy beaches, mars4y wetlands, and mangrove.areas.
Coastal barriers typically experience high energy waves, winds, and tides
and are vulnerable to storm and hurricane damage. Both oceanic and storm
action continually alter their size and'@'topography through erosion and
accretion."

Tbus in developing the work prograr.n.priorities and subsequently the
projects from the work program, it is necessary to moveforward only with
projects that meet the criteria in the,:" and Executive Order 81-105.for
the coastal barrier areas defined above".'.,
The.decision to replace structurally inadequate facilities of'to not
propose bridges to undeveloped barrier'islands will be relatively straight

-B-3-2

Division Directors, State Transportation Engineer,
District ENgineers
November 19., 1981
Page 3

forward. However, a decision involving functional improvements based on
projected conditions will be difficult and will -require study on an in-
dividual case basis. The Department's environmental staff must assist
as required in applying the coastal barrier definition to the proposed
project areas.

Other State agencies and the Governor's Office will be able to Te-
view the Department's proposed projects through the A-95 process in proj-
ect development. Additionally, almost all projects in the coastal zone
require environmental permits.

Action

The Eng;neer of Structures and Facilities Maintenance will ensure the
guidelines for reviewing the bridge replacement program contains adequate
considerations of proposed coastal barrier projects.

The Administrator of NPO Liaison will ensure that long-range transporta-
tion planning for each urbanized area is consistent with the state's coastal
protection policy.

The Administrator of Program Development will ensure that the work
program instructions contain adequate considerations of proposed coastal
barrier projects.

The Administrator of Transportation Priorities will ensure projects
involving coastal barriers are identified on deficiency maps, planned
project maps and considered.in work program amendments.

District Engineers will apply the criteria to all projects involving
coastal barriers and eliminate from the work progrm those which do not
meet the criteria of the Governor's Executive Order or the Memorandum of
Understanding.
The Chief of the Bureau of Envirorpent will ensure all,projects in-
volving coastal barriers receive proper A-95 review by DER, DVC *A, DNR and other
cognizant agencies, and that comments from these agencies are properly
considered.

PNP/knb

B-3-3

DRAFT
Appendix B, Attachment 4

1 17-6. 05 (2) (e) In areas with high water tables, the pump station

2 shall be, designed to include measures to Withstand flotation

forces when empty. The potential for damage or interruption of

operation because of flooding shall be considered. by the per-

5 mittee when siting new pumping stations at inland or coastal

6 locations. The electrical and mochanical equipment shall be

7 protected from physical damage by the 100-year flood. The

8 pumping station shall be designed to remain fully operationl

9 and accessible during the 25-year flood; lesser flood levels

10 may be designed for, dependent on local conditions, but in no

11 case shall less than a 10-year flood he used. Design considera-

12 tions (water surface elevation, forces arising from water move-
13 ment, etc.) shall be addressed in the engineering report and
14 shall be based upon available information where site-specific
information is unavailable, sound enqineering practices Shall

be used in siting and design of pump station facilities.

27 B-4-1

Appendix B, Attachment 5

The Department of Commerce strongly supports the Governorls

Save Our Coasts initiative for economic as well as environmental
,reasons. Our surveys indicate that 42 percent of the more .
than 35 million tourists who visited Florida in 1980 s*pecified

Florida's beaches as a mong the features they liked the most.

The Department's major efforts are devoted to increasing

the number and quality of job opportunities for Floridians,

broadening the State's economic base and promoting continued

growth in the number of tourist visits to Florida. Department

involvement in development on coastal barriers, as defined

in the Save Our Coasts program, is extremely rare.

The Department of Commerce is not a regulatory agency.

There is no apparent need to modify the legislation affecting

agency programs in the interest of,the Save Our Coasts

initiative. Nevertheless,,as a matter of policy, the

Department of Commerce fully intends to comply with

Governor Graham's Executive order concerning Save Our Coasts.

In those instances in which coastal barrier sites are

being actively considered by industrial prospects assisted

by the Department of Commerce, the Department will continue

to consult with IMC member agencies to resolve any conflict

with the intent of the Save Our Coasts program. Development

representatives and other members of our agency who work

directly with industrial prospects will be reminded of the

importance of the Save Our Coasts program. In the event

that a coastal barrier location is being considered for an indus-

try, our representatives will inform the prospect of the Save

Our Coasts program and offer to assist the prospect in formulating

development plans consistent with Save Our Coasts.
B-5-1

A15pendix B,'Attachment 6

OFFICE OF THE GOVERNOR

The Capitol, Tallahassee, Florida 32301
Telephone: 904/488-1234

MEMORANDUM

To: Policy Coordinators

From: Tom Herndon

Subject: Save Our Coasts
Date: November 23, 1981

By Executive Order 81-105 issued on September 4, 1981, Governor
'Graham directed that state funds and federal grants for coastal
barrier projects be issued "only in those coastal areas which can
accomodate growth, where there is a need and desire for economic
development, or where potential danger to human life and property
from natural hazards is minimal. Such funds shall not be used
to subsidize growth or post disaster redevelopment in hazardous
coastal barrier areas. Specific consideration shall be 'given to
the impacts of proposed development or redevelopment with respect
to hazard mitigation.

In order to implement the Save Our Coast strategies, including
the Governor's Executive order 81-105, it is hereby requested that
all policy units:

1) Scrutinize, as part of each unit's on-going review of state
agency budget requests and amendments, for any activities
which affect development in coastal barrier areas.

2) Make a programmatic and project review, including A-95,
E.I.S., and Public Works Projects, to determine whether
the proposal has any impact on coastal barrle*r areas.

3) Request state agencies to cooperate in this review process
and assure OPB that their requests are in compliance with
the Governor's Executive Order 81-105.

JTH/jkc

Attachment

B-6-1

QQ A:E [DU UL @E

GAYLORD No. 2333

3 6668 14108 1051