HB 1311

1
A bill to be entitled
2An act relating to Walton County; providing that certain
3rigid coastal armoring structures constructed during a
4specified time may remain without the need to obtain a
5Department of Environmental Protection permit; providing
6conditions applicable to such structures; providing
7definitions; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Within Walton County, rigid coastal armoring
12structures, including sand-filled geotextile containers and
13similar structures, constructed between July 10, 2005, and April
1430, 2006, are deemed permanent structures and may remain without
15the need to obtain a Department of Environmental Protection
16permit under sections 161.053 and 161.085(3), Florida Statutes,
17subject to the following:
18     (1)  Within 60 days after the effective date of this act,
19the Department of Environmental Protection, in coordination with
20Walton County, shall develop an informational list of the rigid
21coastal armoring structures, including sand-filled geotextile
22containers and similar structures, constructed between July 10,
232005, and April 30, 2006, that meet the requirements of this
24section. Such list shall describe, to the extent practicable and
25based on available information, the type of armoring structure
26and the location of the armoring structure in relation to the
27nearest Department of Environmental Protection "R" monument and
28the Walton County Coastal Construction Control Line.
29     (2)  This section may not be construed as authorization to
30place or locate any rigid coastal armoring structure on property
31not under the ownership or control of the individual or entity
32constructing the structure, unless the property owner consents
33in writing to the placement or location of such structure.
34     (3)  A property owner may complete construction on an
35existing temporary structure without obtaining a permit from the
36department if the construction began between July 10, 2005, and
37April 30, 2006, but was not completed; if the construction
38occurs on or landward of the armoring structure on the property
39owner's property; and if the work is completed within 1 year
40after the effective date of this act. Examples of such work
41include the addition of tie-backs, walers, and bulkhead caps.
42Work requiring sand placement or other activities that would
43occur seaward of the existing coastal armoring structure will
44require a permit from the department. A sand cover monitoring
45and maintenance plan will be included in permit applications for
46sand coverage over sand-filled geotextile containers or similar
47structures. Applications submitted under this subsection are
48exempt from the vulnerability requirements of section
49161.085(2)(a), Florida Statutes, but must comply with all other
50applicable statutory and rule requirements.
51     (4)  Sand-filled geotextile containers or similar
52structures constructed between July 10, 2005, and April 30,
532006, shall be continuously covered with 3 feet of beach-quality
54sand and stabilized with native salt-tolerant vegetation. Within
5590 days after the effective date of this act or at any time it
56appears the structure does not meet the sand coverage and
57vegetation requirement, a property owner may submit a permit
58application for sand placement to cover those structures having
59less than 3 feet of sand. The department shall order the removal
60of sand-filled geotextile containers and similar structures that
61fail to meet the sand-cover and vegetation requirements of this
62subsection.
63     (5)(a)  Substantially damaged armoring structures must be
64removed by the property owner within 90 days after such damage.
65However, the property owner may apply within 90 days after such
66damage for a permit for major reconstruction of the damaged
67armoring structure, in accordance with applicable rules and law.
68If an application for a major reconstruction permit is denied by
69the department, the armoring structure must be removed within 90
70days after final denial of the permit application. Such
71applications shall comply with all applicable statutory and rule
72requirements.
73     (b)  For the purposes of this section, the term:
74     1.  "Substantial damage" means that the cost of repair would
75would exceed 50 percent of the replacement costs of such
76structure.
77     2.  "Major reconstruction" means the complete or partial
78replacement or rebuilding, to its original level of protection,
79of a significant portion of a structure that has failed or
80deteriorated.
81     (6)  This section does not exempt a structure from the
82requirements of the Endangered Species Act, including any
83incidental take permits that are required by the Endangered
84Species Act. Participation in the Walton County Habitat
85Conservation Plan/Incidental Take Permit program may be an
86appropriate method of addressing applicable requirements of the
87Endangered Species Act.
88     (7)  At the time or before a seller and purchaser execute a
89contract for sale and purchase of any interest in real property
90having coastal armoring authorized under this section, the
91seller must provide to the potential purchaser notification of
92the requirements of this section and a copy of the coastal
93properties disclosure statement required in section 161.57,
94Florida Statutes.
95     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.