62B-34.055. Minor Structures

(1) Applicability. Minor structures shall qualify for a General Permit, subject to the criteria and conditions set forth in this chapter.

(2) Siting. The seaward limit of construction for minor structures allowed under this rule shall be as follows:

(a) Dune walkover structures, beach stairs, and flexible on-grade walkways required to provide beach access shall extend no more than 10 feet seaward of the vegetation line, the toe of the frontal dune, or coastal armoring, whichever is most seaward. Unroofed decks attached to and cantilevered no more than two feet from the walkover structure shall be located landward of the frontal dune crest or bluff, or coastal armoring, whichever is most landward. Single family residential dune walkover structures shall not exceed four feet in overall width and the support posts shall not be greater than four-inch wide posts. Multi-family development, commercial and public dune walkover structures shall not exceed six feet in overall width and the support posts shall not be greater than six-inch wide posts. Support posts shall not be encased in concrete nor installed into dune slopes that are steeper than approximately 30 degrees.

(b) Lifeguard stations shall be located as far landward as practicable and shall be allowed seaward of the vegetation line, the toe of the frontal dune, or coastal armoring, whichever is most seaward, provided that the following conditions are met: The structure is no larger than 144 square feet in floor area with support posts no larger than eight inches by eight inches that are not encased in concrete, the structure has three feet of vertical clearance beneath the lowest level platform and at least seven feet of horizontal clearance between the supports where they meet the beach, and the area below the platform is not enclosed.

(c) Single-level decks or similar unenclosed and unroofed, elevated, wooden, or other lightweight structures shall be sited a minimum distance of 30 feet landward of the frontal dune crest or bluff or coastal armoring, whichever is most landward, and shall not exceed 144 square feet in floor area. The support posts shall not be greater than six-inch wide posts. Support posts shall not be encased in concrete nor installed into dune slopes that are steeper than approximately 30 degrees.

(d) The following minor structures shall be sited either landward of a major road or no farther than 20 feet seaward of the General Permit Line: viewing platforms, gazebos, boardwalks, sidewalks, single-family dwelling driveways, equipment pads, privacy fences and other frangible walls no more than six feet in height, other ornamental construction, and unroofed wooden or other lightweight decks attached to existing buildings. Support posts for viewing platforms, gazebos, boardwalks, fences, frangible walls, and similar structures shall not be greater than six-inches in diameter and shall not be encased in concrete. Detached platforms, gazebos, decks, and similar structures not sited landward of a major road shall not be greater than 400 square feet. Attached platforms, gazebos, decks, and similar structures not sited landward of a major road shall not be greater than 600 square feet. Concrete footers for structures not sited landward of a major road shall be designed to fail in segments no longer than 5 feet. Concrete pads, sidewalks, driveways, and similar structures not sited landward of a major road shall be designed to fail in segments no greater than 25 square feet.

(e) Except for the minor structures described in paragraphs 62B-34.055(2)(a) through (d), F.A.C., minor structures shall be sited no farther seaward than the General Permit line, major road, second line of construction, or the seaward limits allowed under rule 62B-34.080, F.A.C.

(3) Prohibitions and Limitations. Minor structures authorized by this General Permit shall be subject to the following prohibitions and limitations:

(a) Construction activities and structures shall not:

1. Interfere with public access as defined in section 161.021(1), F.S.

2. Direct storm water discharges onto the beach or into dunes.

3. Result in net excavation of sandy material on the site. Only minor temporary excavation, including that required for the installation of foundations, shall be allowed, provided such excavation does not result in the lowering of the average existing grade elevation in the immediate project area.

4. Result in more than two feet of vertical fill placement.

5. Result in more than 200 cubic yards of fill placement.

(b) No work constructed under this General Permit may be part of a phased development or combined with other general permits or exemptions where the combination of activities to be conducted exceed the thresholds in this chapter.

(c) Unless the structure is constructed landward of the General Permit Line, a major road, or second line of construction, no construction, alteration, operation, maintenance, removal, or abandonment of any new structure under this General Permit, by itself or in combination with any other activity conducted pursuant to this chapter and chapter 62B-33, F.A.C., may cumulatively result in any of the following:

1. Damage to more than 600 square feet of dune vegetation; or

2. A total of more than 1,000 square feet of impervious and semi-impervious surface areas.

(d) No walls are allowed in the shore-parallel direction.

(4) All lighting associated with minor structures shall follow the standards set forth in the Department of Environmental Protection Marine Turtle Lighting Standards under subsection 62B-34.070(4), F.A.C.

(5) All planting and vegetation removal activities associated with the construction of a minor structure pursuant to this General Permit shall follow the standards set forth in the Coastal Construction Control Line Planting Standards under subsection 62B-34.070(5), F.A.C.

(6) The General Permit for minor structures are valid for one year from date of issuance. No time extensions are available for this permit.

Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New 11-28-18.