| 1 | A bill to be entitled |
| 2 | An act relating to Walton County; providing that certain |
| 3 | rigid coastal armoring structures constructed during a |
| 4 | specified time may remain without the need to obtain a |
| 5 | Department of Environmental Protection permit; providing |
| 6 | conditions applicable to such structures; providing |
| 7 | definitions; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Within Walton County, rigid coastal armoring |
| 12 | structures, including sand-filled geotextile containers and |
| 13 | similar structures, constructed between July 10, 2005, and April |
| 14 | 30, 2006, are deemed permanent structures and may remain without |
| 15 | the need to obtain a Department of Environmental Protection |
| 16 | permit under sections 161.053 and 161.085(3), Florida Statutes, |
| 17 | subject to the following: |
| 18 | (1) Within 60 days after the effective date of this act, |
| 19 | the Department of Environmental Protection, in coordination with |
| 20 | Walton County, shall develop an informational list of the rigid |
| 21 | coastal armoring structures, including sand-filled geotextile |
| 22 | containers and similar structures, constructed between July 10, |
| 23 | 2005, and April 30, 2006, that meet the requirements of this |
| 24 | section. Such list shall describe, to the extent practicable and |
| 25 | based on available information, the type of armoring structure |
| 26 | and the location of the armoring structure in relation to the |
| 27 | nearest Department of Environmental Protection "R" monument and |
| 28 | the Walton County Coastal Construction Control Line. |
| 29 | (2) This section may not be construed as authorization to |
| 30 | place or locate any rigid coastal armoring structure on property |
| 31 | not under the ownership or control of the individual or entity |
| 32 | constructing the structure, unless the property owner consents |
| 33 | in writing to the placement or location of such structure. |
| 34 | (3) A property owner may complete construction on an |
| 35 | existing temporary structure without obtaining a permit from the |
| 36 | department if the construction began between July 10, 2005, and |
| 37 | April 30, 2006, but was not completed; if the construction |
| 38 | occurs on or landward of the armoring structure on the property |
| 39 | owner's property; and if the work is completed within 1 year |
| 40 | after the effective date of this act. Examples of such work |
| 41 | include the addition of tie-backs, walers, and bulkhead caps. |
| 42 | Work requiring sand placement or other activities that would |
| 43 | occur seaward of the existing coastal armoring structure will |
| 44 | require a permit from the department. A sand cover monitoring |
| 45 | and maintenance plan will be included in permit applications for |
| 46 | sand coverage over sand-filled geotextile containers or similar |
| 47 | structures. Applications submitted under this subsection are |
| 48 | exempt from the vulnerability requirements of section |
| 49 | 161.085(2)(a), Florida Statutes, but must comply with all other |
| 50 | applicable statutory and rule requirements. |
| 51 | (4) Sand-filled geotextile containers or similar |
| 52 | structures constructed between July 10, 2005, and April 30, |
| 53 | 2006, shall be continuously covered with 3 feet of beach-quality |
| 54 | sand and stabilized with native salt-tolerant vegetation. Within |
| 55 | 90 days after the effective date of this act or at any time it |
| 56 | appears the structure does not meet the sand coverage and |
| 57 | vegetation requirement, a property owner may submit a permit |
| 58 | application for sand placement to cover those structures having |
| 59 | less than 3 feet of sand. The department shall order the removal |
| 60 | of sand-filled geotextile containers and similar structures that |
| 61 | fail to meet the sand-cover and vegetation requirements of this |
| 62 | subsection. |
| 63 | (5)(a) Substantially damaged armoring structures must be |
| 64 | removed by the property owner within 90 days after such damage. |
| 65 | However, the property owner may apply within 90 days after such |
| 66 | damage for a permit for major reconstruction of the damaged |
| 67 | armoring structure, in accordance with applicable rules and law. |
| 68 | If an application for a major reconstruction permit is denied by |
| 69 | the department, the armoring structure must be removed within 90 |
| 70 | days after final denial of the permit application. Such |
| 71 | applications shall comply with all applicable statutory and rule |
| 72 | requirements. |
| 73 | (b) For the purposes of this section, the term: |
| 74 | 1. "Substantial damage" means that the cost of repair would |
| 75 | would exceed 50 percent of the replacement costs of such |
| 76 | structure. |
| 77 | 2. "Major reconstruction" means the complete or partial |
| 78 | replacement or rebuilding, to its original level of protection, |
| 79 | of a significant portion of a structure that has failed or |
| 80 | deteriorated. |
| 81 | (6) This section does not exempt a structure from the |
| 82 | requirements of the Endangered Species Act, including any |
| 83 | incidental take permits that are required by the Endangered |
| 84 | Species Act. Participation in the Walton County Habitat |
| 85 | Conservation Plan/Incidental Take Permit program may be an |
| 86 | appropriate method of addressing applicable requirements of the |
| 87 | Endangered Species Act. |
| 88 | (7) At the time or before a seller and purchaser execute a |
| 89 | contract for sale and purchase of any interest in real property |
| 90 | having coastal armoring authorized under this section, the |
| 91 | seller must provide to the potential purchaser notification of |
| 92 | the requirements of this section and a copy of the coastal |
| 93 | properties disclosure statement required in section 161.57, |
| 94 | Florida Statutes. |
| 95 | Section 2. This act shall take effect upon becoming a law. |