5. the Coast, Land Use, and the Law

5. The coast, land Use, and the law

Theprevious chapters demonstrate that the coastal zone is a ment. But just as significant, they are necessaryto protect our- dynamicarea where land, wind, wave, and organisms interact. selves,The ecosystem is asimportant to the humanpopulation as The resultingrapid changes are especially apparent on barrier it is to a populationof pelicansor a standof seaoats. Curiously, islands.We cannot build and live in this zonewithout somelevel lawsare passed to protectthe latterwith thegoal of protectingthe of interference,or without risking the negativeimpacts brought former sometimes from ourselves. about by natural changes. Populationgrowth, aNuence, and migrationto the Sun Belt Coastaldynamics preclude shoreline and island development will necessitateincreased regulation of the coastalzone. Florida's patternedafter traditionalinland styles. A r-story, ranch-style coastalpopulation is expectedto approachro million by the year houseat the backof the beachwill block wind transportof sand, zooo! By analogy,as the tra5c increases,more traffic lawsand interferewith overwash,and ultimately behave as a seawallbefore regulationsare requiredto avoidthe certaintyof traffi jams. beingdestroyed in its turn by stormwaves and flooding. This The bestphilosophy on shorelinedevelopment is that land use traditionaldesign in this dynamiczone would have a muchshorter should be in harmony with the natural environmentsand processes life expectancythan the same house in an inlandlocation. The that constitute the system,Of course,various segmentsof society servicesfor this houseand inany like it for example,electric lines, view the coastal zone difl'erently, The extreme views range from gasmains, water lines!, the sewagegenerated, and the roads, untouchedpreservationism to unplanned,uncontrolled urbaniza- bridges,and service structures required for such development will tion. Increasingly,decisions on land useare made by governments exceedthe carrying capacity of a barrierisland much quicker than under the pressureof various specialinterest groups. Existing for a similarinland community. The resulting damage to the envi- legislationis often that of compromise,satisfying the variousfed- ronmentthrough pollution, loss of habitat,stabilization structures, eral, state, and local levelsof the political infrastructure. We can and the like removesthe amenitiesthat mostshore dwellers origi- expectthat regulationswiH continue to be establishedand rnodi- nallycame to enjoy.Not onlyaesthetic value is lost,but the risk fied with the intentionof ensuringreasonable, multiple land use from coastal hazards is increased. of the coastalzone, while attemptingto protectboth inhabitants Wiseland-use planning, environmental maintenance, and con- andthe natural environment. Developers have had this expectation servation of the coastal zoneare necessaryto protect the environ- in the past,and in somecases it hasspurred unwise development. 5. The coast, land use. and the law 157

That is, buildings havebeen constructed before tighter restrictions community. A review of these regulations before investing in or could go into e!feet. Current and prospectiveowners of coastal undertaking property developmentanywhere on the coast will be property, especially on barrier islands, should be aware of their in your best interest. We recommendthat you contact your local responsibilitiesunder current law and expectadditional regulation county or municipal planning, zoning, or building departmentsto with respectto developmentand land use. determine state and federal permit requirements. A trip along Highway ArA demonstratesthe inconsistency with which communities have approached coastal development, Coastal Barrier Resources Act of 1982 Like the New Jersey shore, southeast Florida's coast is nearly con- tinuousurban-suburban development. The sametrend is apparent Recognizingthe serioushazards, costs, and problemswith fed- along most of Florida'sAtlantic coastline.One often does not erallysubsidized development of barrier islands,the U. S, Congress need signs to denote community boundaries; they are apparent by passedthe Coastal Barrier ResourcesAct Public Law 97-348! in the sharp contrasts in types of buildings and their positionwith October r 98z.The purpose of this federal law is to minimize loss respectto beachand dunes if the latter are still present!. A county of humanlife and property, wasteful expenditureof federaltaxes, ordinance limiting buildings to 4 stories is of little consolation if and damageto fish, wildlife, and other natural resourcesfrom in- you live on the last lot next door to the county line, acrosswhich compatible developmentalong the Atlantic and Gulf coasts.The are clusters of high-rise buildings! The same is true for beach act coversr 9odesignated areas, covering 700 miles of undeveloped protection, It is not a curiosity of nature that the characterof the barrier beaches in the United States. beach and associateddunes often changesat or near community Specifically,the act prohibits the expendituresof federal funds, boundaries, Such changes reflect differences in land-use policy and includingloans and grants,for the constructionof infrastructures regulations. that encouragebarrier island development; these infrastructures A partial list of relevant current land-useprograms and regula- include roads, bridges, water supply systems, waste water treat- tions applicable to the Florida coast follows. The explanations ment systems, and erosion control projects. Any new structure provided are generaland introductory in nature; appendix B lists built on thesedesignated barrier islandsafter October r, r 983,is the agenciesthat will supply more specific and detailed inforrna- not eligible for federal flood insurance. Certain activities and tion. The regulations listed hererange from federal lawsthat pro- expendituresunder the act are permissible.The act does not protect the interests of the larger society to state and local laws and hibit private development on the designatedbarrier islands, but ordinances that serve the interests of Florida citizens and the local it passesthe risks and costs of development from taxpayers to 158 Living with the East Florida shore

owners.Afl applicablefederal, state, and local permits still must be Table 5.1. East Florida's barrier obtainedbefore any developtnentbegins in the designatedareas. islands affected by the Coastal The CoastalBarrier ResourcesAct afl'ectsall or part of 33 of Barrier Resources Act Florida'sbarrier islands covering t to milesof oceanbeaches table Miles 5.1!.For exactboundaries of thedesignated areas, contact local East Florida island of beach cityor countyplanning departments or theFlorida Coastal Zone Bird/Talbot Island 3 Usinas Beach 0.5 ManagementProgram 0%ce appendixB!, Conch Island 2 Mentanzas River 1.75 Ormond-by-the-Sea 3 National Flood Insurance Program NFIP! Ponce Inlet I.5 Coconut Point 3. 25 Florida'sbarrier beachesare proneto flooddamage from hur- Vero Beach 0.75 ricanesand tropical storms. The probability of a hurricanestriking Blue Hole Unit 6 Hutchinson Island 975 Florida's coastline is very high, up to t hurricane every I.5 years. Hobe Sound I Duringhurricanes, storm surge and wave heights reach t2 to 2o North Beach 0. 75 feet abovenormal, and winds of f ooto t 5o miles per hour are not Source: Public Law 97-348. uncommon.Between tgoo and f 98o,hurricanes inflicted approxi- mately$t,5 billionworth of damagein theFlorida coastal zone. However,this figureis misleadingbecause it is not in termsof ance Program.The NFIP providesan opportunityfor property today'sinflated dollar. Given the present heavily developed Florida ownersto purchaseflood insurance that generally is notavailable coasts,a singlemoderate hurricane could match or exceedthis from private insurancecompanies. level of destruction! The initiativefor qualifyingfor the programrests with thecom- The National Flood Insurance Act of f968 P.L. 9o-448! as munity,which must contact the FederalEmergency Management amendedby the FloodDisaster Protection Act of f973 P.L. Agency FEMA!. FEMA will providethe communitywith a 92-234!was passed to encourageprudent land-use planning and Flood Hazard BoundaryMap FHBM!, Any communitymay to minimizeproperty damage in flood-proneareas like barrier join the NationalFlood Insurance Program provided that it re- beaches.Local communities must adopt ordinances to reduce quiresdevelopment permits for all proposedconstruction and futureflood risks in orderto qualifyfor the NationalFlood Insur- other developmentwithin the floodzone and ensuresthat con- 5. The coast, land use, and the law t59 struction materials and techniquesare usedto minimize potential a flood that occurs once every ioo years. In fact, a flood of this flood damage. At this point the community is in the "emergency magnitude could occur in successiveyears, or twice in one year, phase"of the NFIP, The federalgovernment makes a limited and so on. The flooding in Jackson, Mississippi, that has occurred amount of flood insurancecoverage available, charging subsidized over the last few years illustrates this point. If we think of a ioo- premiumrates for all existingstructures and/or their contents, year flood as a level of flooding having a i percent probability of regardlessof the flood risk. occurring in any given year,then during the life of a housewithin FEMA may providea more detailed Flood InsuranceRate this zone that has a 3o-yearmortgage, there is a 30 percent proba- Map FIRM! indicating flood elevationsand flood-hazard zones, bility that the property will be flooded. The chance of losing your including velocity zones V-zones! for coastal areas where wave property becoinesi in 4, ratherthan i in ioo. Having floodinsur- action is an additionalhazard during flooding.The FIRM iden- ance makes good sense. tifies Base Flood Elevations BFEs!, establishesspecial flood- In V-zones,new structures will be evaluatedon their potential hazard zones, and providesa basis for floodplain management to withstand the impact of wave action, a risk factor over and and the establishing of insurance rates. above the flood elevation, Elevation requirements are adjusted, To enterthe regular programphase of the NFIP, thecommunity usually 3 to 6 feet above still-water flood levels,for structures in must adoptand enforcefloodplain management ordinances that at V-zones to minimize wave damage, and the msurance rates also least meet the minimum requirements for flood-hazard redution are higher. When your insuranceagent submits an application for as set by FEMA. The advantageof entering the regular program a building within a V-zone, an elevation certificate that verifies the is that increased insurance coverage is made available, and new post-construction elevation of the first floor of the building must developmentwill be more hazard-resistant. All new structures accompanythe application. will be rated on an actual risk actuarial! basis, which may mean The insurance rate structure provides incentives of lower rates higherinsurance rates in coastalhigh-hazard areas but generally if buildings are elevatedabove the minimum federaI requirements, resultsin a savingsfor developmentwithin numberedA-zones General eligibility requirementsvary among pole houses,mobile areasflooded in a ioo-year coastalflood, but lesssubject to tur- homes,and condominiums. Flood insurancecoverage is provided bulent wave action!. for structural damage as well as contents, Table 5.z presents FEMA maps commonlyuse the ioo-year flood as the BFE to Florida's coastal counties that are participating in the National establishregulatory requirements,Persons unfamiliar with hydro- Flood Insurance Program as of August i 98i, Almost all coastal logic data sometimesmistakenly take the ioo-year flood to mean communities with barrier beaches are now covered under the regu- 160 Living with the East Florida shore

Table 5.2. Flood insurance policies in coastal counties of Florida as of August 31, 1981! Regular R! or Regular R! or emergency E! Policies in Dollar value emergency E! Policies in Dollar value of policies County program effect of policies County program effect Counties wi h barrier islands and beaches Counties without barrier islands and beaches Bay 4,005 222,805,400 Citrus 1,358 47,419,600 Brevard 18,294 1,419,068,800 Dixie 176 4,284,000 Brows rd 111,354 7,075,675,400 Hernando 625 20,663,600 Charlotte 8,865 423,679,600 Jefferson 12 297,800 13,800 785,170,200 Levy E E231 7,211,600 Collier Dade 95,424 5,130,950,800 Pasco 11.576 408.839,800 Duval 4.373 3 I9,556,800 Taylor 111 3,010,300 RE 4.495 ER309.675,500 F scambi a Subtotal 14,089 $491,726,700 Flagl er 655 23,842,600 1,000 36,737,400 Franklin h/oncoasta/ counties Gulf 389 11,117,000 Hillsborough 13,447 788,518,800 Subtota! 23,1 71 $1,288,404,000 Indian River R R 4,801 43,623,400 Lee R/E 33,608 1,346,771,400 Florida total 531,091 $30. 563,259,400 Manatee 10,549 577,315,000 Martin R R 5,916 285,064,200 18 Atlantic and Gulf states Monroe 17,034 789,522,200 coastal counties totai 1,164,798 $64 668 610 400 Nassau R/E 753 37,482,800 Okaloosa R/E 2,823 228,510,500 All other states total 745,620 $33,303,788,600 Palin Beach 47,334 3,527,099,000 Pinellas 57,019 3,132,368,200 United States total 1,918,318 $97,972,399,000 Santa Rosa R R1,611 117,517,200 Sarasota 16,467 889,161,600 Compiled by Dinesh C. Sharrna. St. Johns 3,306 220,283.500 Source: Federal Emergency Management Agency, Flood Insurance Ad- St. Lucia R/E 6,134 233,698,600 ministration, Washington, D.C. Personal Communication, October 10, Volusia 8,867 622,244.000 1981 Wakulla R R 352 1 1,446,400 Walton 1,156 73,556,400 Subtotal 493,831 $28,683,128,700 5. The coast, land use, and the law 161 lar program. To determine if your community is in the NFIP and missionersthe elevation requirements for insurancewere not being for additional information on the insurance, contact your local enforced by the county. One woman who had paid $t58 per year property agent or call the NFIP's servicingcontractor phone: for her insurance discovered she should have been paying over 8oo! 638 66zo!, or the NFIP State AssistanceOffice at 9o4! $t3,ooo a year becauseher house was g feet below the too-year 488-92 to. For more information, request a copy of "Questions flood level. Prior to construction,her houseplans had beenap- and Answers on the National Flood Insurance Program" from proved by the county and no mention was made of the elevation FEMA see appendix B under Insurance!, problem. Before payment of her $ t 7,ooo claim, the National Flood Before buying ot building a structure on a barrier beach, an Insurance Program subtracted her correct $ t 3,ooo premium. Later individual should ask certain basic questions: all partiesagreed on a lower,but still substantialfigure for flood t, Is the community I'm locating in coveredby the emergencyor insurance premiums. More than zo people in the National Flood regular phaseof the National Flood Insurance Program? Insurance Program in the local community were forced to con- z. Is my building sitelocated in the designatedareas of the Coastal tinue payingexorbitant insurance premiums for buildingsbuilt Barrier Resources Act, where no federal flood insurance for below the required elevation because the banks that held their new structures will be availableafter October t, 1983 seetable rnortgages insisted on it. All of this cost and confusion because 5 t!? county officials said nothing aboutflood elevations when issuing 3. Is my building site above the too-year flood level? Is the site permits, The then-incumbent county commissionersfared very located in a V-zone? V-zonesare high-hazard areasand pose poorly in the next election! serious problems. Most lending institutions and community planning, zoning, and 4. What are the minimum elevation and structural requirements building departments will be aware of the flood insurance regu- for my building? lations and can provide assistance,It would be wise to confirm 5. What are the limits of coverage? such information with appropriate insurancerepresentatives. Any authorized insuranceagent can write and submit a National Flood Make sure your community is enforcing the ordinance requir- Insurance Program policy application. All insurance companies ing minimum construction standards and elevations. After Hurri- charge the samerates for national flood insurancepolicies. cane Frederic t 979! a number of homeowners from Santa Rosa The National Flood Insurance Program states its goal as "to County, whosehouses were flooded, put in claims for federal flood ... encourage state and local governments to make appropriate insurance. It developedthat on direct order from the county corn- land use adjustments and to constrict the development of land 1ti2 Living with the East Florida shore

which is exposedto flood damageand minimizedamage caused tieswith beaches table 5,z!. During t978-79the average premium by floodlosses" and "to... guidethe development of proposed for federal flood insurancepolicies located in velocity zoneswas future construction,where practical, away from locations which $>3t a year.Because of HurricaneFrederic, the averageexpense arethreatened by floodhazard," To date,development in theflood- andloss per policywas $4zz, making it a costlysubsidy for the hazard areascontinues at a rapid rate. nation'staxpayers. Such losses have encouraged the addition of Revision of minimum flood elevationsin the V-zonesof coastal requirementson waveheights to Hoodelevations and a majorre- counties takes into account the additional hazard of storm waves vision of the insurance rating system.As a result, insurance rates atopstill-water flood levels. Existing FEMA regulations stipulate have been raised significantly, protectionof "dunesand vegetation" in theV-zones, but imple- Recognitionof naturalhazards and tax subsidyproblems pro- mentationof this requirementby the local communitieshas not videdpart of the rationale for Congressto pass the Coastal Barrier alwaysbeen strong. The existing requiretnents of the NFIP do ResourcesAct in t 98z.There is an urgentnational need to address not addressother hazardsof "migrating" shorelines,for example, theproblems ofdeveloped or developingbarrier beaches that were shorelineerosion or shiftingof inlets.Thus, buildings may meet the not coveredin the act in order to rninirnize hazardsto human lives minimum FEMA elevation requiretnentsbut at the sametime can and lossof property in theseareas. Incentive programs to en- belocated near highly exposed and eroding shorelines. In addition couragesound land-use planning, limit densityof development, to recognizingthe Hoodhazard, the needexists to incorporate improvehurricane evacuation, and allow relocation of damaged location and structural codes that reflect migrating shorelines, structures after hurricanes need to be developedbefore a disaster hurricanewinds, wave uplift, horizontalpressures, and scouring to hits the coast, minimize the loss of structures as well as the dollars that have TarponSprings on the West Florida coast holds the distinction supportedthe insurance program, This is not to saythat state and of havingbeen the first community removed from the NFIP for local codes and ordinances have overlooked the latter, notabiding by its agreements.Fortunately, the removal was only In the past the Vational Flood InsuranceProgratn has been temporaryand the community was reinstated to theprogram after subsidizedand hasgrown to becomea largefederal liability. As of improvingits ordinance language and application forms, stiffen- August3t, t98t,more than t,9 t8 mi/lionflood insurance policies ing varianceprocedures, and adding to thestaff responsible for valuedat $97,972bi11ion had been sold nationwide. Coastal coun- administering the program. ties had t, t65 million of thesepolicies valued at $64.667billion. Clearly,FEMA is seriousabout enforcement. If a community Florida had more policiesand coveragethan any other state is removedfrom the program,the resultis that propertyowners 531,09I policies valued at $3o.563billion along the coastal coun- cannot renew their flood insurance when it expires or buy new 5. The coast, land use, and the law 163 policies. Several other communities in Florida are probably in Hurricane evacuation violation of flood insurance requirements and will face loss of insurability if they do not begin to enforce the program's require- The Disaster Relief Act of 1974 authorized FEMA to establish ments. One of the most common violations that local officials have disasterpreparedness plans in cooperationwith local communities ignored is the enclosing of ground-level portions of cottagesand and states. Hurricane evacuation is a critical problem on barrier using them as parts of residences. islands and coastal floodplains. Due to heavy concentrations of There are z ways the property owner is likely to get caught if population in areas of low topography, narrow roads, and vul- he or she is in violation of the construction requirements. First, nerable bridges and causeways,plus limited hurricane warning FEMA sends out inspectors periodically to see if communities are capability possibly tz hours or less!, it would be impossible to in compliance.Second, if youfile a claim after storm flooding and evacuateall of the people prior to hurricanes in many parts of damage,your property will be inspected.If your structure was in Florida. violation of constructionrequirements, you will be required to pay Several coastal communities in Florida have formulated de- additional back premiums that could equal and even exceed the tailed hurricane evacuation plans, You should check for hurricane amount of the insurance claim. This has happenedin Galveston evacuation plans with the county Civil Defenseor Disaster Pre- Island, Texas. parednessofficer and find out if any potential evacuationproblems Two points are clear. First, the property owner cannot rely solely will exist during a hurricane. They can provide information on the on the developer,building inspector, or county commissionersto location of hurricane evacuationshelters. These same agencies are enforcethe community ordinancesrequired to qualify for and stay responsiblefor providing emergencyand relocationassistance after in the NFIP. Second, given the likelihood that developers will hurricanes, The Civil Defenseoffice also can provide information be long gone when the question of compliance arises, town and on expectedlosses from hurricanes, county officials are likely to be held responsiblefor the inaction in local enforcement and becomethe defendants in legal actions; that The Florida Coastal Martagemertt Program FCMP! is, elected officials may lose more than the next election for not doing their mandatedjobs. In California a group of homeowners The Federal Coastal Zone Management Act of t972 CZMA! who lost their houses in a landslide are suing local officials, claim- set in motion an effort by inost coastal states to manage their ing they were not warned of the hazard. A homeowner who loses shorelines and thereby conserve a vital national resource. Key his flood insurancecoverage because the developeror cornrnunity requirements of the CZMA are coastal land-use planning based official was irresponsible is likely to take similar action. on land classification and identification and protection of critical 164 Living with the East Florida shore

areas, The intentions are to ensure good land use and resource Hazard mltlgation development,conserve resources, and protect the quality of life Underthe authorityof the federalDisaster Relief Act of 1974 for citizens of the coastal zone. P.L. 93-288!and Florida's Disaster Preparedness Act Chapter Whi/e somestates passed specific acts to setup stateoffices of 252,Florida Statutes!, as well asother codes, the Bureau of Emer- coastalzone management, Florida established a programbased on gencyManagement is charged with responsibilityfor peacetime existingstate laws. More than zo statutesserve as the authorities emergencyplanning. The purpose of emergencymanagement is for the Florida CoastalManagement Prograin under the Florida to improvepublic safetyby protectinglife and propertyin the CoastalManagement Act of 1978 Chapter 38o, Florida Statutes!, event of natural or man-caused hazards. In the coastal zone these which wasapproved by the federaloffice of CoastalZone Man- hazardsinclude storms, hurricanes, fiooding, overwash, shoreline agement now the Oflice of Ocean and Coastal Resource Manage- erosion,erosion by shifting streams or channels avulsion!, includ- ment!on September24, 1981.The Departmentof Environmental inginlet migration, dune migration, pollution hazards, and so on Regulationisthe designated coastal zone management agency, but that is, the samehazards on whichthis book focuses!. Hazard it worksclosely with the Departmentsof NaturalResources and mitigationsimply means reducing the likelihood of damagefrom CommunityAffairs in implementingthe program. The interagency suchhazards through actions taken before the hazardous process ManagementCominittee IMC!, consisting of headsof stateagen- occurs. cies involved in resource management,was establishedto solve Accordingto the state'sComprehensive Emergency Manage- complexcoastal problems through joint effortsbetween agencies. mentPlan these are the long-termgoals of the state'shazard miti- ln addition,the governor's Envimnment Land ManagementStudy Committee ELMS! anda legislativeGrowth Management Com- gation effort: mitteeare reviewing Florida's environmental laws and may suggest Protectionof life and propertythrough the reductionand legislativeor administrativechanges that could affect the Florida avoidanceof unnecessaryand uneconomicaluses of hazard- CoastalManagetnent Program. For specificinformation, contact ous areas. the Officeof Coastal Zone Management seeappendix B; Coastal Preservation and enhancement of beneficial usesof hazard- Zone Management!. prone areas. Variousaspects of the programare included under the following Protectionof naturalsysteins that servea hazardmoderat- stateprograms and acts. ing or mitigationfunction. 5. The coast, land use, and the law 165

Attention is focusedin particularon predictable,recurring haz- age, logistics for hurricane evacuation, disaster relief assistance ards, like those noted above, and on seeking nonstructural solu- costs, and subsidiesfor infrastructures, As a result, they started tions to hazard mitigation, programs intended to protect and manage the barrier beaches. The Division of Public Safety Planning and Assistance,De- Under the $zoo million Save Our Coast Program for acquiring partmentof Community Affairs, acts as a coordinatingagency for undevelopedbarrier island and beach properties, the state has a developing policy, disseminating information on hazard mitiga- systematicprocess for the nomination and selectionof parcelsfor tion, and making recommendationsto other units of government. purchase.Many of theseland parcelsare the sameas those listed The agency also is responsiblefor site-specifichazard mitigation in table 5, r, This new program is in addition to the Conservation studies. and Recreational Land CARL! Program under which Florida Community officials, planners, and individual property owners acquiresland for public useand recreation, in the coastal zone should make use of the services of the Bureau The governor of Florida signed an executiveorder to limit the of EmergencyManagement within the Division of Public Safety expenditures of state fundsfor the construction of public infra- and Planning Assistancewhen evaluating site safety,seeking ways structures such as water and sewer systems,roads, bridges, and to reduce hazard impact, or planning strategiesto meet hazard similar structures in certain hazardouscoastal areas. If you plan crises for example, hurricane warning, evacuation, poststorm to acquire or sell properties on a barrier island, it is advisable that recovery!. you contact the governor's Office of Planning and Budgeting to determine if your property is located in one of the unitswhere the Florida'6 Save Our Coast Program executive order is applicable, or whether the state is interested in acquiring the land under the Save Our Coast Program or the The Coastal Barrier ResourcesAct of r98z did not provide CARL program. any funds for the acquisition of undevelopedbarrier islands and beachesfor public recreation, habitat protection, or hazard mitiga- Development of regional impacts tion purposes.In r 98r Florida's governor and cabinet recognized the serious problems associatedwith the development of barrier ln l972 the Florida Legislature enacted the Florida Environ- islandsand beachessuch as lossof publicaccess to beachesfor mental Land and Water Management Act of r 97z Chapter 380, recreation, economic losses due to severe erosion and Rood dam- Florida Statutes! to addressthe problems of large-scaledevelop- 166 Living with the East Florida shore

mentsin thestate. Under this law"any developmentbecause of its subsequentamendments Chapter 403, Florida Statutes!govern character,magnitude or locationthat would have substantial effect thedischarge and regulation of domestic,municipal, and indus- on the health, safetyand welfareof citizensof more than one trial waterpollution. The statelaw incorporatesthe requirements county"is considereda Development of Regional Impact DRI!. of the Federal Water Pollution Control Act Amendments of i 972 Typesof projectsinclude, but arenot limitedto, residentialproj- and1977. The Florida Department of EnvironmentalRegulation ects,tourist attraction and recreational facilities, shopping centers, DER! hasenforcement power over all naturalor artificialbodies officebuildings, parks, industrial parks, airports, port facilities, of water,The statehas adopted a comprehensiveset of water- schools, and similar developments, qualitystandards. All watersin thestate have been classified into Theprocedures and rules pertaining to thedetermination and i of the 7 classificationsfor the beneficialuse of humansas well as reviewof DRIs are containedin Florida AdministrativeCode, propagationof fish,shellfish, and wildlife. Rule9B i6 andRule 27F-i PartII. FloridaAdministrative Code Water resourcesare being threatenedwith pollution, causing 27F 2 identifiesthose developments that are specifically presumed economiclosses to both local communitiesand the state.In Florida to be DRIs. The reviewand permit processis regulatedby the one-third of all commercial she15shharvesting areas have been Bureau of Land and Water Management of the Florida Depart- permanentlyclosed due to pollution!Protection of waterquality mentof CommunityAffairs DCA!. Thereare i i RegionalPlan- is vital for huinan as weII as other uses.State laws provide addi- ningCouncils RPCs! that actually conduct the DRI assessment tional standardsand protectionof waterquality if the wastedis- andreview see appendix B foraddresses!. We recommend that posalaffects potable water supply Class I!, shellfishpropagation youcontact primarily the Bureau of Landand Water Management and harvestingwaters ClassII!, aquaticpreserves, or "Outstand- andalso the appropriateregional planning council to determine ing FloridaWaters." You need to contactthe Department of En- if your projectis a Developmentof RegionalImpact. Projects vironmentalRegulation to find out if your propertyborders on locatedon barrier islandsand beaches,around state aquatic pre- environmentally sensitive waters. serves,or in environinentallydesignated areas are given closer If youplan to locateon a barrierisland, check with thelocal scrutinyby the DCA and the RPCs. countyor city planningand building departments to seeif ade- quatepublic drinking water supply and sewer hookups are available.In caseyou plan to buildyour own sewage disposal facility Water pollution control and water supply with a capacityof lessthan 2,aoogallons per day,your county The Florida Air and Water Pollution Control Act of i 967and health departmentmust be contactedfor a permit, Minimum 5. The coast, land use, and the law 157 standardsfor septic systemsmust be met. The first important stan- septic systemsin Florida is regulatedby the Department of Health dard is that the depth to the seasonallyhigh groundwater table and Rehabilitative Services D HRS! pursuant to Section 38i.272 must be at least 3.o feet below the bottom of the drainfield or of Florida Statutes. The local county health departments are re- about g.o feet below the ground surface in the wet season. The sponsiblefor the direct regulation and permitting of thesefacilities secondimportant standard is that the drainfield must be set back under Rule i oD-6 of Florida Administrative Codes, Rule ioD 6 a minimum of go feet from any surface water body. These rnini- has specific standardsfor the capacity of septic tanks, soil types, mum standards are intended to protect the public health and water depth to seasonally high water table, minimum distance from quality. For any on-site sewagesystem or packagetreatment with drinking water wellsor public water supply,and minimum dis- a capacity greater than 2,ooo gallons per day, contact the Florida tance from surface water bodies. DER for rules, regulations and guidelines. If you plan to install an individual, on-site sewagefacility with The withdrawal or diversion of drinking water is governed by an estimated daily flow of lessthan 2,ooo gallons for any i estab- the Florida Water Resources Act of f972 Chapter 373, Florida lishment or structure, you must contact and obtain a permit from Statutes!. The responsibility for the enforcement of this law rests your county health department. Subdivisions of 5o or fewer lots, with the Florida Department of Environmental Regulation, but each having a minimum of at least o.5 acre and a minimum di- it is implemented through five water managementdistricts ap- mension of tao feet, may be developed with private wells and pendix B!. If you obtain your water supply from a public facility individual sewagedisposal systems, provided satisfactoryground- or plan to put in a small domestic weH,you need no permit from water can be obtained, and all distance, setback, soil condition, any water management district. However, if you plan to drain the water table elevations,and other requirementsof Rule ioD-6 can land, divert the water, or put in a large water supply system,con- be met. Residentialsubdivisions using public water supply systems tact the appropriate water managementdistrict for rules, regula- inay be developedwith individual sewagedisposal facilities for a tions, and guidelines. maximum of 4 lots per acre, provided all other conditions are met. The installation of septic systemson the highly permeablesandy On-site individual sewage disposal facilities soils of Florida barrier islandscauses pollution of groundwatersas well as surface and estuarine waters. High groundwater tables ln many instances, development on barrier islands requires in- during wet seasons make the septic systeins a health hazard and dividual, on-site sewage disposai and treatment systems when a vulnerable to failures. It is imperative that proliferation of on-site public sewer system is not available. The installation of on-site septic systemsin highly permeablesoils, closeto the surfacewater 168 Living with the East Florida shore

bodies, and under seasonallyhigh groundwater table conditions, Unauthorizeddredging and filling is prohibitedand punishable be discouragedto protectpublic healthand waterquality. under state and federal laws, Thedredging and filling in Floridawaters is governedby Florida Air and Water Pollution Control Act Chapter 403, Florida Stat- Dredging and filling utes!,Florida State Land Trust Fund Chapter253, Florida Stat- Saltwater and freshwater wetlands are considered extremely utes!and Beach and Shore Preservation Act Chapteri6i, Florida valuable natural resourcesin Florida. Florida legislativegoals and Statutes!.State agencies regulating the activitiesare the Florida policiesrefiect this concernunder Chapter 253 and Chapter403, DER and the Florida Departmentof Natural Resources DNR!. Florida Statutes,These policies state in part, Federallaws regulatingdredge and fill include the River and HarborAct of i 899,the CleanWater Act of 1977,and the Marine to prohibitthe authorizationof the dredgingand filling of Protection Researchand SanctuariesAct of i97z. The U.S. Army submergedlands, if suchauthorization would result in the Corpsof Engineersisthe federal regulatory agency, while the U.S. destruction of resourcesor interfere with public usesto such Fish and Wildlife Service is another concerned agency, Florida an extent as to be contrary to the public interest [and] to DER and DNR and the Army Corpsof Engineershave a joint preventand abate pollution and to conservethe waters of the dredgea.nd fill applicationto facilitatethe perinitprocedure. statefor the propagationof wildlife, fish and other aquatic Several local communities in Florida have additional regula- life, and for domestic,agricultural, industrial, recreationaland tionsagainst alteration, cutting, pruning, removal, or destruction other beneficial uses. of inangrovewetlands. In orderto obtainthe necessary informa- To minimizepermit problems,delays, and frustrations,we sug- tion on applicationprocedures, regulations, and guidelines, con- gestthat you do not buyproperties located in wetlandsof barrier tact local countyor city planningand buildingdepartments, the islands and coastal areas, FloridaDepartment of EnvironmentalRegulation, or the U.S. Barrier islands are characterizedby the presenceof freshwater ArmyCorps of Engineers appendix 8!. Theseagencies will assist and saltwater wetlands, lf your plan requiresany dredging and/or you in identifyingthe type and scope of informationneeded to filling of wetlandsor navigablewaters, you needto obtainpermits processyour application, There are z typesof permitapplications: from theappropriate state and federal agencies. The dredging and / shortform and regularform, dependingupon the sizeand scope or filling activity may be associatedwith the constructionof a of theproject, It shouldbe noted that permit review and approval homesite, access road, boat dock, or erosion control structure. is moreclosely scrutinized if a projectis locatedadjacent to Class 5. The coast, land use, and the law 169

I and Class II waters, state aquatic preserves, or "Outstanding detailed with specific provisions for the use of beaches,dunes, Florida Waters," marshes, bays, barrier islands, and coastal wetlands. If you plan to buy property or build in the coastal areasof bar- Local government comprehensive plans rier islands,we suggestthat you contactyour local planning, zoning, and building departments,Their officesare generallylocated In Florida the Local GovernmentComprehensive Planning Act in or near the county courthouse or the city hall. You need to of 1975 Chapter t6g, Florida Statutes! mandates that all local obtain the necessaryzoning, subdivision, or buildingpermits from governments prepare, adopt, and implement a comprehensive plan the local government. These agencieswill assist you in determin- that addressespresent and future communitygrowth and developing which kinds of developmentactivities are permittedand which ment needs.The act requires that each unit of local government are not. The early contact with the local planning or building county, city, municipality, town, or village! establish a planning departments will enableyou to find out which, if any, state and processand prepare,adopt, and implement a comprehensiveplan. federal permits will be necessaryfor your project. The law requiresthat the planningprocess be ongoing,based on effectivepublic participation, and include regular plan review, up- Coastal construction permits date, and appraisal. Every community's plan must contain the following required elements; future land-use plan; traffic circu- The low-lying barrier beachesand coastlinesof Florida render lation; sanitarysewer, solid waste, drainage, and potable water coastalconstruction a rnatterof particularconcern to the stateand supply; conservation; coastal zone along the coast!; recreation to local communities. The Florida legislature addressed this con- and open space; housing; utilities; and intergovernmental rela- cern by enacting the Beachand Shore Preservation Act Chapter tions, For communities in excess of 5o,ooo, 2 additional elements i6i, Florida Statutes!, The requirements and constraints of this are required: masstransit and port, aviation, and relatedfacilities. law are in additionto thosedealing with water-quality controland The law requires that local governmentsset forth principles and dredgingand fifling lawsexplained earlier. In t97t the legislature standardsto guidefuture development.Unfortunately, the law it- establisheda goal that stated in part, "The Legislature finds and self does not provide for any minimum standards or enforcement declaresthat the beachesof the State, by their nature,are subject procedures,particularly in regardto the coastalzone. to frequentand severefluctuations and represent one of Florida's Almost all of the counties and municipalities in Florida have most valuable natural resourcesand that it is in the public interest adopted comprehensive plans, Many of these local plans are quite to preserve and protect them from imprudent construction which 170 Living with the East Florida shore

canjeopardize the stability of beach-dunesystem...." purposesif that activity is locatedbelow the mean high-water line Thelegislature directed the Florida Department of NaturalRe- of any tidal water of the state, sources,Division of Beachesand Shores, to estab!ish Coastal Con- Specificallyincluded are such structuresas dune walkovers, structionSetback Lines CCSBLs!that werereplaced by Coastal groins,jetties, moles, breakwaters, seawa!ls, bulkheads, and revet- ConstructionControl Lines CCCLs! in t978. The CCCLs are ments,Physical activities, such as artificial beach nourishment, establishedunder Legislative mandate "so as to definethat portion inlet sedimentbypassing, excavation or maintenancedredging on of the beach-dunesystem which is subjectto severefluctuations inlet channels,and depositionor removalof beachmaterial also basedon a t oo-yearstorm surge or otherpredictable weather con- require a permit. ditions,and so as to definethe area within which special structural Coastal Construction Control Line Permtt Chapter t6I.O53, designco~sideration isrequired toinsure protection ofbeach-dune Florida Statutes!.If anystructure is locatedseaward of theCCCL system,any proposed structure and adjacent properties, rather or CCSBL!on anysandy shoreline fronting the Gulf of Mexico than to defmea seawardlimit for upland structure." or the Atlantic Ocean,permits are required from the DNR before The intentof the lawis to regulatecoastal construction, to es- undertakingany alteration.Among the activitiescovered are ex- tablishcoastal construction control lines along the sandybeaches, cavationand constructionof any dwellinghouse, hotel, mote!, seawardof which construction may not occur without an author- apartment,condominium, seawall, revetment, pool, patio, garage, izedpermit from the DNR, andto administera beacherosion parkinglot, minorstructure, and dunerestoration. Driving of controlgrants-in-aid program, The Florida DNR hasestablished motorized vehicles or removal of sea oats on the beachesand a coastal construction control line for each coastal county with dunes seawardof the control line also is prohibited except in 3 sandybeaches fronting the Atlanticor Gulf afterconducting a Atlantic coastalcounties. There are certain countieswithout sandy comprehensivestudy of the areas' coastal resources and processes. beaches,and certaintypes of structuresthat areexempt from the Coastalconstruction is undertakenpursuant to a CCCL permit. law. In orderto determineif youneed any DNR permit,contact The z separatepermit programs are described in the nextfew the Division of Beachesand Shores, Department of Natura! Re- paragraphs, sources appendix B!. CoastalConstructton Parmtts Chapter t6t.opt, Florida Stat- ln 2 cases Lee andPine!!as counties! the DNR hasdelegated utes!.The DNR coastal construction permits are required for any authorityto thecoastal counties and municipalities to administer constructionor changeof existingstructures and construction or the CCCL requirement,If you p!anto buy or build onthe ocean- physicalactivity undertaken for shoreprotection or erosioncontrol front it is advisableto checkwith the countyor municipalityif 5. The coast, land Use, and the law your property is located seaward of the CCCL because these areas that you contact the Bureau of State Lands Managementto deter- are extremely hazardous,often unsuitable for permanent struc- mine whether or not you need a permit from the bureau or other tures, and create serious environmental and economic problems state agencies. for property owners as well as taxpayers. StateLand Lease Permit Chapter253, Florida Statutes!.If your Bulldlng codes proj ect involves use of sovereign state-owned! submerged lands in Florida, you need to obtain appropriate permits from the Bureau For residential dwellings other than mobile homes, Florida of State Lands Managementof the Florida Department of Natu- requiresall communities to adopt 1 of5 acceptablebuilding codes ral Resources appendix B! pursuant to Chapter z53.77 of the Chapter 553, Part VI, Florida Statutes!, including the One and Florida Statutes. Sovereignty lands include tidal lands, islands, Two Family Dwelling Code after the CABO, Council of Ameri- sand bars, and lands under navigable waters, whether fresh- or can Building Officials!,the StandardBuilding Code,the South saltwater, which Florida gained title to when it became a state. Florida Building Code, the National Building Code, and the Generally, permits are more closely scrutinized if the project is in EPCOT Building Code. Of these the National Building Code is a stateaquatic preserve,manatee sanctuary, or otherenvironmen- usedin DuvalCounty, the SouthFlorida Building Code is usedin tally designated sensitive areas, The rules and regulations for the Dade and Broward counties, and the Standard Building Code is issuance of permits are contained in the Florida Administrative widely used in the remaining coastalcounties. Code Rule t6o-zt Sovereignty SubmergedLands Management As examples,the Standard Building Code formerly the South- Rule!, Rule t6o t8 Biscayne Bay Aquatic Preserves Rule!, and ern Standard Building Code; referenceSt, appendix C! and the Rule t6o zt Florida Aquatic Preserve Rules!. South Florida Building Code were compiled by knowledgeable The most common activities included under this permit pro- engineers,architects, and codeenforcement officials to regulate gram are docks for private and commercial use, reclamation of the design and construction of buildings and the quality of build- land lost by erosion or avulsion, and dredging of navigation chan- ing materials. These codes do have certain hurricane resistance nels. Certain noncommercial activities that are not located within requirements, such as continuity, stability, and anchorage,all re- state aquatic preservesor specially designatedmanatee areas are lated to calculated reference wind speed as modified by height exempt from any requirementsto make application for consentof aboveground and building shapefactors to determinedesign load. use. In general,if you suspect that your proposedconstruction It is emphasizedthat the purpose of these codes is to provide activity might involve use of state-owned lands, we recommend minimum standards to safeguard lives, health, and property. Com- 172 Living with the East Florida shore

munitieshave the right to strengthenthe adoptedcode in orderto appendixB!, Their Bureau of EmergencyManagement off'ers the improveit or to makeit morestringent. By law,such improve- free publication"Hazard Mitigationthrough Building Codes." ments in a code cannot discriminate against materials, products, or construction techniquesof proven capabilities; and there must Mobile home regulations besome unique physiographic condition for example,geographic typeor location,topographic features or absencethereof! that Mobile homes diff'er in construction and anchorage from "per- warrantsthe morestringent requirements. All barrierislands and manent"structures. The design, shape,lightweight construction beachesfacing the openocean and thethreat of hurricanesshould materials, and other characteristicsrequired for mobility, or for meetthe latter requirement,As a result,numerous communities stayingwithin axle-weightlimits, createa uniqueset of potential dohave specifications that go beyond the Standard Building Code. problemsfor residentsof thesedwellings. Because of their thinner The Florida Departmentof Natural Resourceshas made recom- walls,for example,mobile homesare more vulnerableto wind mendationsfor a Coastal Construction Building Code reference and wind-borne projectiles. Si, appendixC! to supplementexisting codes. Check with your Some coastal stateshave code requirementsfor mobile homes local building inspectorto determinethe specificcode for your that arespecific for unitslocating in hurricane-proneareas. Florida area. doesnot, althoughmobile home construction must meet national Individuals can and should insist on designsand materials that coderequirements. Regulation is through the Departmentof High- go beyondthe minimumcode requirements see chapter 6 on way Safety and Motor Vehicles. construction!.Sanibel Island has adopted one of the bettercodes Mobile home anchoragetiodowns are required throughout in Florida with respectto coastalconstruction. You might con- Florida. Tiedowns make the structure more stable against wind tact Sanibel'sbuilding inspector's office for a copyof their codeto stress for recommendations,see the sectionon mobilehomes in seeexamples of performance-orientedcriteria and coastal issues chapter6!. Older metaltiedowns may be weakenedthrough cor- treatedin greaterdepth. The State Division of Beachesand Shores rosion,or violationsof anchorageor foundationregulations may alsoprovides coastal construction guidelines and may be consulted goundetected unless there are a sufficientnumber of conscientious for advice. inspectorsto monitortrailers. One poorly anchored mobile home Personsconcerned with planningand improvingexisting build- can wreak havocwith adjacenthomes whose owners abided by ing codesshould contact the Department of CommunityAA'airs sound construction practice, Some mobile home park operators 5. The coast, land use, and the law 173 or managersare alert to such problemsand seethat they are cor- an insigniawhen the inspectionis approved,It is the localbuilding rected; others simply collect the rent. inspector'sresponsibility, however, to checkfor the stateinsignia The spacing of mobile homes should be regulated by local or- aswell asmaking sure that servicehookups for thebuildings meet dinance, Providing residentswith open spacebetween homes, this the local building code. type of ordinance preservessome aestheticvalue for a neighbor- hood. It also helps to maintain a healthier environment. For Historic and archeologic sites example, if mobile home septictanks are closely spaced,there is the potentialfor groundwateror surfacewater pollution. Simi- It is the publicpolicy of the state of Floridato protectand larly, if mobilehomes are built too closelyto finger canals,canal preservehistoric sitesand properties,artifacts, treasuretroves, fos- water may become polluted. si!deposits, prehistoric Indian habitations, and objects of antiquity that havehistorical values or are of interestto the public. The Prefabricated structure regulation Florida Archivesand History Act of [ 966provides the authority to implementthese laws through the Divisionof Archives,History Modular unit construction is one of the new approachesto con- and RecordsManagement in the FloridaDepartment of State struction of multiple-dwelling structures in the coastalzone see appendix B!. the sectionon modularunit constructionin chapter6!. Thesepre- Barrier beaches and coastal areas of Florida have been sites of fabricated units are assembledat the shore as multiplexes and historicexploration and early native Indiansettlements. If you condominiums,commonly z to 4 storiesin height.The Depart- find that there are objects, sites, or structures of some historic ment of Community Affairs sets the building code standardsfor archeologicor architecturalvalue on your property,contact the all prefabricatedbuildings, including modular unit dwellings. The Bureauof Historic Sitesfor technicalassistance to preserveand department followsstandard requirements that include wind de- protect them. signspeeds of up to t3o mph in somecoastal areas. All such structuresmust meet the inspectionof an independent, Endangered fish and wildlife species third-partytesting architect or engineerwho signsthe structure off if it meetsstate requirements. The Departmentof Community Florida'senvironment is blessedwith diverseecosystems that Affairsnot onlyapproves the plansfor suchstructures but assigns provide habitatsfor hundredsof common, endangered,and threat- 174 Living with the East Florida shore

enedspecies offish and wildlife. The protection ofwildlife species dueto pendingenvironinental degradation or humandisturbance, and habitat is administeredby z stateagencies: the Gameand becomethreatened unless protective management strategies are FreshWater Fish Commission GFWFC! and the Department employed, z! its statuscannot be classifiedas threateneduntil of Natural Resources.The state'senabling laws are the Florida more information is available,! it occupiessuch an essential PantherAct of t978,Florida Manatee Sanctuary Act of t979, ecologicalposition that its declinemight adversely affect asso- andFeeding of AlLigatorand Crocodile Act. These state laws pro- ciatedspecies, or ! it hasnot recoveredsufficiently from a past videthe protection of particularspecies of wildlife,Additional declineor disturbance.Examples in this categoryinclude the protectionto endangeredand threatened fish and wildlife species Americanalligator, gopher tortoise, roseate spoonbill, limpkin, is providedby the Federal Endangered Species Act of 1973and pinebarrens, treefrog, and beachcotton mouse, MarineMammal Protection Act of t972.The U.S.Fish and Wild- The Florida Game and Fresh Water Fish Commissionand the life Serviceof the U.S.Department of theInterior protects the U.S. Fish and Wildlife Service appendixB! providetechnical specieslisted in thelaw and regulations. assistanceand coordination to identifyendangered and threatened Barrier islands and beachesare habitats for many endangered speciesvia the development permit review process. Appendix B andthreatened fish and wildlife species.The FloridaGFWFC and providesthe legal status of endangered andpotentially endangered U,S. Fishand Wildlife Serviceclassify endangered and threatened speciesin Floridaas of July [982. Other rettulattona.In addition to the statutesand regulatory speciesinto threecategories; Endarigerect.A species, subspecies, or isolated population that requirementsoutlined above, the attention of statelaw also has is, or soonmay be, in immediatedanger of extinctionunless the focusedon definingownership of coastal-zoneLands uplands, specieshabitat is fully protectedand managed for its survival. tidelands,submerged lands!. Title to coastallands is alwaysmore The Americanbald eagle,Atlantic greenturtle, Floridapanther, complexthan for inlandproperty because of the rapidchanges and West indian manateeare someexamples. dueto submergence,erosion, accretion, or shiftingof waterways. Threatened.A species, subspecies, or isolated population that is Whenpurchasing coastal property, make sure you know exactly verylikely to becomeendangered soon unless the species or its whatyou are gaining title to in termsof privateownership, habitatis fully protectedand managedfor survival.Some exam- plesof thisgroup are loggerhead sea turtle, eastern indigo snake, Fioritta's coastal future: more regulation brownpelican, and mangrovefox squirrel. Speciesot specialconcern. A species,subspecies, or isolated A drivealong Florida's East coast will revealto eventhe casual populationthat warrants special protection because i! it may, observerthat federal,state, and localregulations have not stopped 5. The coast, land Use, and the Iaw 175 developmentin coastal high-hazard zones.Such statuteshave not the control line the impact is likely to be that of the pre-CCCL halted the additionof engineeringstructures that ultimately de- past, that is, ultimate loss of beachand dunes. stroy natural protective beachdune systems. Mostof thezoo miles of beachesin Floridathat areexperiencing Present and future citizens of coastal communities should not "critical erosion" had structures placed too closeto the water. As assumethat existingstatutes and ordinanceswill guaranteetheir a result,many coastal communities in the stateare seekingstate safety,that of their property,or protectexisting beaches and dunes. and federallysubsidized beach nourishtnent projects to protectthe Existingregulations address but do not solvethe problems of liv- threatenedproperties. These "protective" projects are extremely ing in the coastal zone. costly to general taxpayersas well as to property owners, and are Most regulationsdo not prohibitdevelopment in high-hazard only temporaryin nature.An effectiveCCCL programshould zones;they only set limits. The national Coastal Barrier Resources limit the growthof suchproblems in thefuture, givenstrict inter- Act maydeny flood insuranceand federalfunds for development pretationand enforcement. Keep in mind alsothat thereare no set- of certainbarrier islands, but it doesnot necessarilyprohibit such backrequirements for any structureslocated on nonsandyshore- development.The NationalFlood Insurance Program establishes linesof the tidal areas.As explainedin chapterz, suchareas also a minimum standard for structural elevation in a flood zone to are experiencing significant erosion due to the sea-levelrise and qualifyfor floodinsurance, but generally it doesnot prohibitlocat- drowningof the coastline, ing in sucha Roodzone. Similarly, state and localbuilding codes Likewise,the LocalGovernment Comprehensive Planning Act set minimum standards. mayrequire planning by localgovernments, but if thisplanning Florida's Beach and Shore Preservation Act is an innovative takes placewithout minimum standardsor within a systemvoid of law,establishing the CoastalConstruction Control Line CCCL!; land-useplanning and zoningthat is sensitiveto fragile coastal but this line is oneof thestate permitting jurisdiction, not prohibi- environmentsand high-energycoastal processes, then it provides tion.Special structural design may be requiredfor proposedstruc- no securityfor the coastalcitizen, Even the best of plansis mean- tures beyond the line to protect the structure from hazardsand inglessif there are no provisionsand resourcesfor enforcement. to protectadjacent properties as well as the beachdune system. In some respectsthe approachto coastal regulation is like that Variancesare given,and therein lies the problem.The delicate of traffic controlat a dangerousintersection. The generalrules of balanceof providingfor beachand duneprotection while assuring the road not to developin a hazardouszone! are ignored by some the reasonableuse of private property is difficult to achieve."Rea- drivers, creating unsafe conditions for all loss of beachesand sonable"may be vieweddifferently between the propertyowner dunesin front of formerlylow-hazard zones!, Accidents property and the state;but whenconstruction does take placeseaward of losses!result. Automobileinsurance national flood insurance! 176 Living with the East Florida shore

spreadsthe costto all drivers,recovers a portionof the lossto the forced and stiffened as we experienceloss of life, property, and victims, but doesnot make a broken leg whole again or take away shorelinedue to imprudent development. ln i 983 a barrier island paralysis.A groupof concernedcitizens requests a stoplight pro- building codewas introduced into the Floridalegislature, Although hibition of unsafedevelopment!, but another group believesthat a the bill was not passed,similar legislation may be forthcoming. stoplightwill backup traIIlc,slow things dawn, hurt business cool Coastal dwellers should expect future changes in laws and regula- the hot economicclimate of coastaldevelopment!. A compromise tions, just as they should expect future changesin the beachesand is reached the speedlimit is reduced first set of ordinances!,but dunes. accidents continue to occur growing property/beach loss!, so a blinker light is installed additionalstatutes and ordinances!.The rules of the road are still being violated and nature is still gnawing at the shore!. Finally a fatal accident occurs; perhaps someone whom all of the community knew and loved is killed a hurricane strikes, wiping out a community with lass of lives as well as property!. Everyonecries, "There should have been a stoplightat that intersection five years ago" additional legislation is still needed!. Perhapst or z yearswill go by while surveysare done; and per- hapsanother fatal accidentor accidentswill occur. Eventually there will be a stoplight, but the dead will remain dead, AlthoughFlorida has pioneered the enactmentof far-reaching coastallegislation, problems remain. The growthin both tourism and coastaldevelopment will increasethe likelihoodof possible conRict between public accessrights and private littoral rights. Florida does nat havea mechanismfor guaranteeingpublic beach access,although below the high-waterline is stateland and in the publicdomain. New laws or changesin existingregulations should be expected. Similarly, building codes, setback lines, and other minimumprotective regulations are likely to be morestrictly en-