The first question is does one want to do a quick and easy permit? These are the permits for docks/piers which comply with the automatic exemptions allowed for in the Florida statute and the FL Administrative Code. YES! Good choice. PRINT THIS OUT AS THIS IS A LOOOONG POST. Looking for a Realtor who knows about these things? Give me (Chris Ryder) a call at 561.818.3858.
This pdf document prepared by DEP will give you an overview
First, ask what is the nature of your waterfront property rights, does that waterfront land enjoy Riparian Rights? But, let’s cover the man made canal or “over flowed lands” first as this is what most folks will have. For docks on a man made canal, these are termed as being on an “artificially created waterway” in the applicable statute and FAC. BEFORE GOING TOO FAR! Check any restrictions noted on the recorded deed, plat and/or within the HOA documents and THEN check the local zoning ordinance. Remember that the land under that water is literally owned by someone. In an “artificially created waterway” it’s owned by someone other than the state. That land can and often does have use restrictions recorded in the public record.
FOR DOCKS CONSTRUCTED OVER AN ARTIFICIALLY CREATED WATERWAY…
FS 403.813(1)(i) The construction of private docks of 1,000 square feet or less of over-water surface area and seawalls in artificially created waterways where such construction will not violate existing water quality standards, impede navigation, or affect flood control. This exemption does not apply to the construction of vertical seawalls in estuaries or lagoons unless the proposed construction is within an existing man made canal where the shoreline is currently occupied in whole or part by vertical seawalls.
FAC 62.330.051(5)(c) Construction of private docks or piers of 1,000 square feet or less of over-water surface area in artificial waters in accordance with section 403.813(1)(i), F.S., and within residential canal systems legally in existence under chapter 403 or part IV of chapter 373, F.S. This includes associated structures such as roofs and boat lifts, provided the cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed 1,000 square feet
Note that in this case (artificially created waterway) the FS and FAC do NOT limit the number of vessels allowed to be docked, only the the total s.f. of what is termed ‘Shade Area’ and for most of you this will be 1000 s.f. of dock.
FOR DOCKS THAT ENJOY RIPARIAN RIGHTS…
The Department (FDEP) has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida Administrative Code, F.A.C.
For docks which are located on riparian waterways, where the land below the water is owned by the state of Florida, then basically one may have a dock configured for 2 vessels and the same 1000 s.f. of shade area, OR under the 10:1 ratio of 10 SF of dock for every 1 linear foor ot riparian water frontage, plus a few other dimensional limits like being less than 4 feet wide in an ‘easy’ permit. Docks for 3 or more vessels would be a “multi-slip facility” which technically are allowed for a residential parcel outside of the keys but have more stringent permitting requirements including a submerged lands lease, and requiring a “general permit”. And, of course must be OK with local zoning laws and any HOA rules.
Docks for riparian waterfront owners are governed by these laws and rules…
FS 403.813(1)(b) The installation and repair of mooring pilings and dolphins associated with private docking facilities or piers and the installation of private docks, piers and recreational docking facilities, or piers and recreational docking facilities of local governmental entities when the local governmental entity’s activities will not take place in any manatee habitat, any of which docks:
- Has 500 square feet or less of over-water surface area for a dock which is located in an area designated as Outstanding Florida Waters or 1,000 square feet or less of over-water surface area for a dock which is located in an area which is not designated as Outstanding Florida Waters;
- Is constructed on or held in place by pilings or is a floating dock which is constructed so as not to involve filling or dredging other than that necessary to install the pilings;
- Shall not substantially impede the flow of water or create a navigational hazard;
- Is used for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; and
- Is the sole dock constructed pursuant to this exemption as measured along the shoreline for a distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.
Nothing in this paragraph shall prohibit the department from taking appropriate enforcement action pursuant to this chapter to abate or prohibit any activity otherwise exempt from permitting pursuant to this paragraph if the department can demonstrate that the exempted activity has caused water pollution in violation of this chapter.
FAC 62.330.051(5)(b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.
If this is not enough then one MAY apply for a “general permit” which must meet the requirements below but be aware of the now explicit limitations of same…
62-330.427 General Permit for Docks, Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove a dock or pier and associated structures as described below:
(a) A private, single-family pier or dock with up to two boat lifts that, together with all existing structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over surface waters. Such a structure:
1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat lift. Solely for purposes of this general permit, up to two personal watercraft as defined in section 327.02(33), F.S., may be moored in lieu of either or both allowable vessels of another type. These limits shall not apply to the mooring, storage or other use of the dock or pier by:
a. Non-motor-powered vessels less than 16 feet in length that are stored on or under the dock or pier, or within an authorized mooring area; or
b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a larger parent vessel that is moored at the dock in compliance with this general permit.
2. Shall be located such that all areas used for vessel mooring and navigational access already provide a minimum depth of two feet below the mean low water level for tidal waters, or two feet below the expected average low water depth for non-tidal waters as determined based on best available information for the water body at the project location; and
3. May include a roof over the vessel mooring areas, boat lifts, and terminal platform, or any portions thereof, subject to the applicable provisions of chapters 253 and 258, F.S., and the rules adopted thereunder. Portions of such roofs that overhang beyond the edge of decked portions of the pier or dock shall be included in the calculation of the total square footage of over-water structure allowed under paragraph (1)(a), above.
(b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state “No Boat Mooring Allowed.”
(2) This general permit shall be subject to the following specific conditions:
(a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves;
(b) There shall be no structures enclosed by walls, screens, or doors on any side;
(c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial purpose;
(d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit;
(e) This general permit shall not authorize the construction or extension of more than one dock or pier per parcel of land or individual lot. For the purposes of this general permit, multi-family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property; and
(f) Notwithstanding any other provisions of this general permit, the design, construction and operation of the dock or pier and associated vessels shall not conflict with any manatee protection plan approved and adopted under section 379.2431(2)(t), F.S.
62-330.475 General Permit for Single-family Residential Activities in Isolated Wetlands.
(1) A general permit is granted to construct, alter, maintain, operate, abandon, and remove a single family residence and associated residential improvements (such as a driveway, garage, and an onsite sewage disposal system), provided:
(a) The land on which the work is to occur is not part of a larger plan of common development;
(b) The notice required in rule 62-330.402, F.A.C., includes documentation that the tract of land was not divided into two or more parcels after July 1, 1994;
(c) Work occurs only in uplands or in isolated wetlands that are not within an Area of Critical State Concern or within the Wekiva River Basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e)1., F.A.C.;
(d) Wetland impacts shall be eliminated except where unrestricted uplands are insufficient to support the residence and associated residential improvements. “Unrestricted uplands” are uplands that are not restricted by easement, deed restriction, local government regulation, setback, or similar restriction which would prevent construction there. Uplands are not considered restricted until all available variance or waiver procedures have been exhausted;
(e) Wherever possible, structures in isolated wetlands should be built on pilings to minimize fill in wetlands; and
(f) No more than 4,000 square feet of isolated wetlands are dredged or filled and no more than 6,000 square feet of isolated wetlands are cleared (this includes the area dredged or filled for the residence and associated residential improvements).
(2) Persons proposing to use this general permit must provide, as part of the notice required in rule 62-330.402, F.A.C., reasonable assurance that the proposed activity:
(a) Does not cause a violation of state water quality standards;
(b) Does not impede the conveyance of a stream, river, or other watercourse in a manner that would increase off-site flooding;
(c) Does not adversely impact aquatic or wetland dependent listed species;
(d) Does not cause the drainage of wetlands.
(3) The Agency will provide written notification to the person proposing to use this general permit whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Agency has provided written notice that the applicant qualifies for the general permit.
(4) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under a general permit within a three-year period where the combination of activities to be conducted exceed the thresholds in this rule.
If you happen to still be reading then you know that the devil is not in the details but rather the definitions…
“Dock” means a fixed or floating structure, including access walkways, terminal platforms, catwalks, mooring pilings, lifts, davits and other associated water-dependent structures, used for mooring and accessing vessels.
“Pier” means a fixed or floating structure used primarily for fishing or swimming and not designed or used for mooring or accessing vessels.
“Minimum-size dock or pier” means a dock or pier that is the smallest size necessary to provide reasonable access to the water for navigating, fishing, or swimming based on consideration of the immediate area’s physical and natural characteristics, customary recreational and navigational practices, and docks and piers previously authorized under this chapter. The term minimum-size dock or pier shall also include a dock or pier constructed in conformance with the exemption criteria in section 403.813(1)(b), F.S., or in conformance with the private residential single-family dock criteria in subsection 18-20.004(5), F.A.C.
FAC 18-20.004(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES.
(a) All docking facilities, whether for private residential single-family docks, private residential multi-slip docks, or commercial, industrial, or other revenue generating/income related docks or public docks or piers, shall be subject to all of the following standards and criteria.
1. No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 20 percent of the width of the waterbody at that particular location, whichever is less.
(An interesting note here is that the FAC 18.20.004(5) states that no dock shall extend more than 20% of the width of the water body. BUT 25%?)
2. Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading.
3. Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.
4. In a Resource Protection Area 1 or 2, any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.
5. In a Resource Protection Area 1 or 2, the main access dock shall be elevated a minimum of five (5) feet above mean or ordinary high water.
6. Existing docking facilities constructed in conformance with previously applicable rules of the Board and in conformance with applicable rules of the Department are authorized to be maintained for continued use subject to the current requirements of chapter 18-21, F.A.C. Should more than 50 percent of a nonconforming structure fall into a state of disrepair or be destroyed as a result of any natural or manmade force, the entire structure shall be brought into full compliance with the current rules of the Board. This shall not be construed to prevent routine repair.
(b) Private residential single-family docks shall conform to all of the following specific design standards and criteria.
1. Any main access dock shall be limited to a maximum width of four (4) feet.
2. The dock decking design and construction will ensure maximum light penetration, with full consideration of safety and practicality.
3. The dock will extend out from the shoreline no further than to a maximum depth of minus four (-4) feet (mean low water).
4. When the water depth is minus four (-4) feet (mean low water) at an existing bulkhead the maximum dock length from the bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegetation overhang.
5. Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.
6. Terminal platform size shall be no more than 160 square feet.
7. If a terminal platform terminates in a Resource Protection Area 1 or 2, the platform shall be elevated to a minimum height of five (5) feet above mean or ordinary high water. Up to 25 percent of the surface area of the terminal platform shall be authorized at a lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel.
8. Docking facilities in a Resource Protection Area 1 or 2 shall only be authorized in locations having adequate existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use in order to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the top of any submerged resources at mean or ordinary low water; and,
9. Dredging to obtain navigable water depths in conjunction with private residential, single-family dock applications is strongly discouraged.
(c) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.
“Multi-slip docking facility” means any marina or dock designed to moor three or more vessels.
1. The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.
2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to section 258.42(3), F.S., while dredging in Resource Protection Area 3 shall be strongly discouraged.
3. Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.
4. Main access docks and connecting or cross walks shall not exceed six (6) feet in width.
5. Terminal platforms shall not exceed eight (8) feet in width.
6. Finger piers shall not exceed three (3) feet in width, and 25 feet in length.
7. If requested by the applicant, pilings may be used to provide adequate mooring capabilities.
8. The provisions of paragraph 18-20.004(5)(d), F.A.C., shall also apply to private residential multi-slip docks.
(d) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.
1. Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom of the waterbody at mean or ordinary low water.
2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to section 258.42(3), F.S.; while dredging in Resource Protection Area 3 shall be strongly discouraged.
3. Docking facilities shall not terminate in Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.
4. Docking facilities shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas.
5. Expansion of existing facilities shall take precedence over approval of new facilities.
6. Use of upland dry storage shall take precedence over the creation of new wet slips.
7. Marinas shall not be sited within state designated manatee sanctuaries.
8. In any areas with known manatee concentrations, manatee awareness signs or informational displays shall be specified as part of a wetland resource or environmental resource permit for the facility.
(e) Alterations to the criteria in subsection 18-20.004(5), F.A.C., shall be authorized to accommodate persons with disabilities or to comply with Americans with Disabilities Act.
