1992-319 CZM Section II (3.0)
3.0 REGULATIONS FOR COASTAL DEVELOPMENT
Coastal developments in Collier County are regulated by the
Federal Government, the state of Florida, and Collier County.
The following sections are a synopsis of the laws and ordinances
which affect development on coastal barriers and mainland coastal
areas. Other regulations not included in this section may apply
to coastal zone systems, some of these regulations are discussed
in sections 1.2 through 1.4.
3.1 FEDERAL COASTAL BARRIER RESOURCES ACT OF 1982
In 1982, Congress declared the importance of coastal barriers
along the Atlantic and Gulf coasts of the united States and
adjacent wetlands, marshes, estuaries, inlets and nearshore
waters as habitats, as storm buffers and as areas of past
development abuse. certain actions and programs of the Federal
Government have subsidized and permitted development on coastal
barriers and the result has been loss of barrier resources,
threats to human life, health, and property, and the expenditure
of millions of tax dollars each year. Congress decided that a
program of coordinated action by federal, State and local
governments was critical to the more appropriate use and
conservation of coastal barriers. The Coastal Barrier Resources
Act of 1982 (CBRA) (Public Law 97-348; 16 U.S.C. 3509) was
established to minimize the loss of human life, wasteful
expenditure of federal revenues, and damage to fish, wildlife,
and other natural resources.
The Federal Coastal Barrier Resources Act established the Coastal
Barrier Resources System (CBRS), a system of undeveloped coastal
barriers, along the Atlantic and Gulf coasts. The CBRAs
represent areas that were undeveloped and unprotected in 1982,
for which federal revenues that promote development and economic
growth are no longer available. The underlying concept of the
Act is that the risks associated with new developments should be
borne by those who live in that development, not by all the tax
payers in the United States. By restricting federal expenditures
and financial assistance for development on specific undeveloped
barrier islands, the government minimizes loss of human life and
reduces wasteful expenditure of federal revenues. It also helps
reduce damage to fish populations, wildlife, and other natural
resources that accompany development in environmentally fragile
areas (U.S. Dept. of the Interior, 1988a).
Federal expenditures no longer available for on coastal barriers.
include (but are not limited to) the following:
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1. The construction or purchase of any structure,
appurtenance, facility or related infrastructure.
2. The construction or purchase of any road, airport, boat
landing facility, or other facility, bridge or causeway
to any System unit; and
3. The carrying out of any project to prevent the erosion of
or to otherwise stabilize, any inlet, shoreline, or
inshore area except in cases where an emergency threatens
life, land, and property immediately adjacent to that
unit.
Permissible federal expenditures, upon approval of the Secretary
of the Interior, may include financial assistance within the CBRS
for the following:
1. Any use or facility necessary for the exploration,
extraction, or transportation of energy resources which
can be carried out only on, in, or adjacent to coastal
water areas because the use or facility requires access
to the coastal water body.
2. The maintenance of existing channel improvements and
related structures, such as jetties, and including the
disposal of dredge materials related to such
improvements.
3. The maintenance, replacement, reconstruction, or repair,
but not the expansion, of pUblicly-owned or
publicly-operated roads, structures, or facilities that
are essential links in a larger network or system.
4. Military activities essential to national security.
5. The construction, operation, maintenance, and
rehabilitation of Coast Guard facilities and access
thereto; and
6. Any of the following actions or projects, but only if the
making available of expenditures or assistance therefor
is consistent with the purposes of this chapter:
A. Projects for the study, management, protection and
enhancement of fish and wildlife resources and
habitats, including, but not limited to, acquisition
of fish and wildlife habitats and related lands,
stabilization projects for fish and wildlife
habitats, and recreational projects.
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3.2 STATE COASTAL CONSTRUCTION CONTROL LINE
In 1971, the Florida state Legislature enacted Chapter 161, the
Florida Beach and Shore Preservation Act. This Act (Ch. 161.053
F.S.) gave the Department of Natural Resources the responsibility
to establish a a Coastal Construction Setback line (CCSL) along
the Atlantic and Gulf coasts, in 24 coastal counties. The CCSL
defines the portion of the beach-dune system which is subject to
severe fluctuations based on a 100-year storm surge, storm waves
or other predictable weather conditions. The setting of this
line was based on a compilation of data from engineering and
topographic surveys, erosion trends, predictable storm tides,
wave run-up, vegetation line location and other technical data.
The original CCSL was to be subject to review at the discretion
of the Department of Natural Resources or by written request of
the officials of the affected counties or municipalities. The
CCSL was later (1978) changed to the Coastal Construction Control
Line (CCCL).
A monumented baseline was established in 1973 along 28 miles of
the Collier County coastline. The monuments were placed every
1000' from the COllier/Lee County line south to Little Marco Pass
and from north Marco Island to south Marco Island. Beach
profiles were taken at every monument, from behind the dune or
comparable location to a wading depth. Offshore soundings were
conducted at every third station, from the beach to approximately
3,000 to 4,300 feet offshore. Field work was conducted between
March and April in 1973 and was repeated by the DNR in 1988.
Visual observations and photographic coverage were utilized at
the time of the survey. Stereoscopic photographs were taken in
November 1973, April 1979 and March 1988.
The objectives behind the CCCL are the following:
1. To prevent encroachment upon the beach that would endanger
the existing beach and dune system.
2. To assist in the prevention of great or irreparable damage to
existing and future structures along the Florida coastline.
In 1978, the CCSL was amended by the State Legislature and the
title of the line was changed to the Coastal Construction Control
Line (CCCL). This amendment allowed the coastal counties and
municipalities to adopt coastal zoning and building codes in lieu
of the State administered CCCL program.
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The new CCCL analysis takes into account the following factors:
1. The most recently measured topographic factors including:
a. dune elevations
b. foreshore slopes
c. offshore slopes
d. beach widths
e. adjacent profiles
f. upland development
g. vegetation bluff lines
2. Newly developed or measured dynamic factors including:
a. storm tide elevations
b. erosion limits
c. wave run-up
d. wave action effects
e. fluctuations of the beach profiles
In 1988, Collier county became the 15th coastal county to have
the review studies as required by F.S. 161.053 (Beaches and
Shores Resources Center, 1988). only 28 of the 57 miles of the
coastline have an established CCCL. The line is absent along the
beaches inside the passes as well as the beaches south of Marco
Island.
3.3 STATE COASTAL ZONE PROTECTION ACT OF 1985
Upon the recognition of the state Legislature that coastal areas
play an important role in protecting the ecology and the public
health, safety and welfare of the citizens of the state, and that
there is a potential for tremendous cost to the state for post
disaster redevelopment, the State enacted the Coastal Zone
Protection Act of 1985 (CZPA). The Act was established to insure
that the most sensitive portions of the coastal zone will be
managed through the imposition of strict construction standards
in order to minimize damage to the environment, private property
and life.
The CZPA created a "coastal building zone" to which building
codes and management practices would apply. The coastal building
zone is defined as the land area from the MSL to a line 1,500'
landward from the CCCL for coastal areas fronting on the Gulf of
Mexico, Atlantic Ocean, and Florida Bay (or straits of Florida).
For areas where the CCCL is absent, the coastal building zone is
the land area seaward of the most landward velocity zone (V-zone)
line as established by the Federal Emergency Management Agency as
shown on flood insurance rate maps. The coastal building zone
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ion barrier islands is the land area from the MSL to a line 5,000
feet landward from the CCCL or the entire island, whichever is
less. If no CCCL exists, the coastal building zone is the land
area seaward of the most landward velocity zone (V-zone) boundary
line fronting the Gulf of Mexico.
The CZPA requires local governments to adopt a building code
which has a coastal building zone or some portion of a coastal
zone within its territorial boundaries. The local ordinance is
also required to have a local enforcement agency to enforce the
codes.
The structural requirements for activities or construction within
the coastal building zone are the following:
1. Major structures including houses, mobile homes,
apartment buildings, condominiums, motels, hotels,
restaurants, towers, and other types of buildings having
potential for substantial impact on the coastal zone.
a. Major structures must conform to state minimum
building codes.
b. Mobile homes must conform to the Federal Mobile Home
Construction and Safety Standards Code book.
c. Major structures must be designed, constructed and
located in compliance with National Flood Insurance
Program regulations or the local flood damage
prevention ordinance, whichever is more restrictive.
d. Major structures must be designed to withstand a wind
velocity of 110 miles per hour or a local wind speed
requirement which is more restrictive.
e. Foundation design and construction of a major
structure must consider anticipated loads resulting
from a 100-year storm event including wave,
hydrostatic and hydrodynamic loads acting
simultaneously with live and dead loads. Erosion
computations for foundation design must account for
vertical and lateral erosion and scour producing
forces. Foundation design must also provide for
adequate bearing capacity taking into consideration
the anticipated sand loss from scour.
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B. The establishment, operation, and maintenance of air
and water navigation aids and devices, and for access
thereto.
c. projects under the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 4601/-4 through 11) and the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.)
D. Scientific research, including but not limited to
aeronautical, atmospheric, space, geologic, marine,
fish and wildlife and other research, development,
and applications.
E. Assistance for emergency actions essential to the
saving of lives and the protection of property and
the publichealth and safety, if such actions are
performed pursuant to sections 305 and 306 the
Disaster Relief Act of 1974 (42 U.S.C. 5145 and 5146)
and section 1362 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4103) and are limited to actions
that are necessary to alleviate the emergency.
F. The maintenance, replacement, reconstruction, or
repair, but not the expansion, of publicly owned or
publicly operated roads, structures, or facilities.
G. Non-structural projects for shoreline stabilization
that are designed to mimic, enhance, or restore
natural stabilization systems.
The Act required the Secretary of Interior and the Committee on
Merchant Marine and Fisheries of the House of Representatives,
and the Committee on Environment and Public Works of the Senate,
to submit a report regarding the CBRS by 1985. The report was
prepared in consultation with the Governors of the States and the
coastal zone management agencies in which the Systems were
located and provided the opportunity for public comment. The
reports contain the following:
1. Recommendations for the conservation of fish, wildlife,
and other natural resources of the CBRS based on
evaluation and comparison of all management alternatives
and combination of state and local agencies, and
initiatives by private organizations and individuals.
2. Recommendations for additions to, or deletions from, the
CBRS units.
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--~"'.- ~-1'--' ---_._--
3. A summary of the comments received from the Governors of
the states, state coastal zone management agencies, other
government officials, and the public regarding the CBRS.
4. An analysis of the effect if any, that the general
revenue sharing grants have had on undeveloped coastal
barriers (Public Law 97-348; 16 U.S.C. 3509).
Following submission of the report (in 1985), the CBRS was
expanded to include other coastlines, protected barriers,
secondary barriers and associated aquatic habitats. The CBRA
defines coastal barriers to include all associated aquatic
habitats including adjacent wetlands, marshes, estuaries, inlets,
and nearshore waters (u.s. Dept. of Interior, 1988b). The CBRS
is required to be reviewed by the Secretary of the Interior in
consultation with the state, county equivalent jurisdiction in
which the CBRS units are located, the coastal zone management
agencies, appropriate u.s. Government Agencies and the public at
least once every 5 years after November 23, 1988 (U.s. Dept. of
Interior, 1988c).
The Coastal Barrier Resources System Units located in Collier
county at this time include Cape Romano (P15) and Keewaydin
Island (P16). The Cape Romano unit is a barrier island complex
which is subdivided by bays and tidal channels into Cape Romano
Island, Kice Island, Morgan Island, Henry Key, Allan Key, Curry's
Island, Fred Key, Margaret Key, Helen Key, the southwestern
portion of Horrs Island and several unnamed mangrove keys (Figure
3-1). The unit is not accessible by land. The entire unit is
pristine except for a dredged canal through Cape Romano Island,
which has been closed off, apparently by natural processes.
Mangrove swamps and well developed beaches are present; however,
dunes are lacking. The area fronts the Gulf of Mexico on the
south and west and is separated from the mainland by a complex of
mangrove islands, tidal channels, and open bays.
The Keewaydin Island unit consists of 9 miles of barrier located
between Gordon and Big Marco Passes, including most of the
Rookery Bay and the Henderson Creek area, Little Marco Island,
Halloway Island, Cannon Island, Sea Oat Island, Johnson Island
and several unnamed mangrove keys (Figures 3-2A and 2B).
Numerous mangrove islands and tidal channels separate the island
from the mainland. About half of the unit is beach/dune and the
other half is mangrove swamp. The unit is pristine except for
some spoil piles adjacent to the Intracoastal Waterway (ICW), the
Keewaydin Island Club at the northern portion of the island, and
a few cottages and trails on the southern portion of the island.
Extensive wetlands lie landward of the island (U.S. Dept. of
Interior, 1988b).
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2. Minor structures include pile-supported, elevated dune and
beach walkover structures; beach access ramps and walkways;
pile supported, elevated viewing platforms, gazebos, and
boardwalks; life guard support stands; public and private
bathhouses; sidewalks, driveways, parking areas, shuffle
board courts, tennis courts, handball courts, racquetball
courts, and other uncovered paved areas; earth retention
walls; and sand fences, privacy fences, ornamental walls,
garden structures, aviaries, and other ornamental
construction. Minor structures are considered to be
expendable under design wind, wave and storm forces. Minor
structures must be designed to produce the minimum adverse
impact on the beach and dune system and adjacent property and
to reduce the potential for water or wind blown material.
Construction of rigid coastal or shore protection structures
designed primarily to protect a minor structure is not
permitted.
3. Non-habitable major structures include swimming pools;
parking garages; pipelines; piers; canals, lakes, ditches,
drainage structures, and other water retention structures;
water and sewage treatment plants; electrical power plants
and all related structures and facilities, transmission
lines, distribution lines, transformer pads, vaults and
substations; roads, bridges, streets, and highways; and
underground storage tanks. All non-habitable structures must
be designed to produce the minimum adverse impact on the dune
and beach system and must comply with local ordinances.
Sewage treatment plants, public water systems, and utilities
must be flood proofed to prevent infiltration of surface
water from a 100-year storm event.
4. Construction must be located a sufficient distance landward
of the beach to permit natural shoreline fluctuations and to
preserve dune stability (elevated walkways, life guard
support stands, piers, beach access ramps, gazebos, and
coastal and shore protection structures are exempt from this
requirement) .
5. All building requirements applicable to the coastal building
zone also apply to coastal barrier islands.
6. Where the public has established beach access through private
lands to lands seaward of the MHW by prescription,
prescription easement or any other legal means, development
or construction shall not interfere with such right of public
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access unless a comparable alternative access-way is
provided. The developer has the right to improve,
consolidate, or relocate such public access-ways so long as
the access-ways provided by the developer are:
(a) Substantially similar quality and convenience to the
public; and
(b) Approved by the local government; and
(c) Approved by the Department of Natural Resources whenever
improvements are involved seaward of the coastal
construction control line; and
(d) Consistent with the coastal management element of the
local comprehensive plan.
3.4 VEHICULAR TRAFFIC ON COASTAL BEACHES
Vehicles on the beaches of the state, except those that are
necessary for cleanup, repair, or public safety, and except for
traffic upon authorized local or state dune crossovers, are
prohibited on the dunes and native stabilizing vegetation of the
dune system of coastal beaches. Any person driving any vehicle
on, over, or across any dune or native stabilizing vegetation of
the dune system shall be guilty of a misdemeanor of the second
degree, punishable by State law, except where authorized by the
local government.
3.5 COLLIER COUNTY COASTAL SETBACK LINE
state law (F.S. 125) grants counties regulatory authority over
building and zoning and the authority to regulate size, location
and use of buildings, structures and fixtures. The purpose of
the law is to secure safety from hazards, to promote health and
general welfare, provide adequate light and air, protect the
environment, and protect the health, welfare, safety and quality
of life.
Pursuant to state regulations, in April 1973, the Collier County
Board of Commissioners established a building setback line from
the Gulf of Mexico (Ord. 73-5). The setback line was imposed on
new construction bordering the Gulf of Mexico to protect property
and assist in the prevention of beach erosion, because, "man-made
structures and fixtures exposed to the uprushing waters cause or
result in increased erosion of the foreword shore...." The
Ordinance made it unlawful to cause an excavation, remove beach
material, alter existing ground elevation, or construct a
building or fixture within 100 feet landward of the vegetation
line or 150 feet landward of the MHWL whichever is greater. A
variance to this line could be obtained by administrative appeal
up to a point no greater than 50 feet from the vegetation line or
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100 feet from the MHW line (whichever is greater).
prohibited the construction upon accreted lands and
to erosion.
The law also
land sUbject
Ordinance 73-5 was to become void upon the establishment of the
Coastal Setback Line, based on recommendations by the Department
of Coastal and Oceanographic Engineering Department of the
University of Florida, under the auspices of the Department of
Natural Resources, Bureau of Beaches and Shores.
The ordinance was amended in July 1973 (Ordinance 73-10) to
provide for an additional allowable variance authorizing
construction at a minimum of 75' from the MHW or 25' from the
vegetation line, whichever is greater, upon lots less than 300'
deep in platted subdivisions.
In July 1975, the Collier County Board of Co~~issioners adopted
the state established Coastal Construction Setback Line pursuant
to section 161.053 of the Florida Statutes (Ordinance 75-19).
Prohibited activities seaward of the CCSL included the following:
1. constructing a structure
2. excavation
3. removing beach material
4. altering existing ground elevations
5. driving a vehicle on, over or across any sand dune
6. damaging or causing to be damaged sand dunes or the
vegetation growing thereon.
variances to the CCSL may be
County Commissioners, public
must provide evidence of the
obtained by petition
notice and hearing.
following:
to the Board of
The petitioner
1. Any construction line established is a minimum of 150'
landward of the MHW line or 75' landward of the vegetation
line, whichever is greater;
2. ground elevations in relation to historical storm and
hurricane tides;
3. predicted maximum wave uprush;
4. beach and offshore ground contours;
5. the location of a vegetation line;
6. erosion trends;
7. the dune or bluff line, if any exist;
8. the existing upland development;
9. that the general public health, safety and welfare are
preserved, and upland properties protected;
10. beach and sand dune erosion control.
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The following is a checklist which must be met by the petitioner
prior to variance approval:
I. Application
A. Form - completed and signed
B. A description of petitioner's property must
include the following exhibits:
1. boundaries and legal description;
2. location map on 8 1/2 x 11 inch paper;
3. a current aerial with a 1:200 scale;
4. a current vegetation survey;
5. a current topographic survey;
6. type of soils (upland, hydric).
C. A site plan showing the following:
1. all lot dimensions, easements, roads, and zoning;
2. existing grades, features, improvements, utilities;
3. all existing structures and their exact setback
distance
4. the existing vegetation line and mean high water
line;
5. the Coastal Construction Control Line, which was
established by the Department of Natural Resources
(DNR) of the state of Florida and recorded on
6/29/89;
6. the Coastal Construction Setback Line, which was
established by the Department of Natural Resources of
the state of Florida and recorded on 10/31/74 and
adopted by the Board of County Commissioners of
Collier County on 4/29/75;
7. the average distance between the Coastal Construction
Control Line and the Coastal Construction Setback
Line;
8. the location of any proposed structure(s), associated
structure(s) and infrastructure and the exact
distance(s) seaward of the Coastal Construction
Setback Line which the petitioner requests the
existing setback line to be varied;
9. conceptual water management plan.
D. Grounds for requesting a variance
E. Filing fee of one hundred fifty dollars ($150.00)
NOTE:
THE APPLICATION MUST BE COMPLETE BEFORE THE REVIEW
STARTS.
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II. Review
A. site is visited, to evaluate the proposed activity
with regard to:
1. adjacent existing development;
2. erosion and accretion trends in surrounding areas;
3. vegetation on site, location of vegetation and/or
dune line, habitat zonation line(s) and wildlife
(potential and present) NOTE: SEA TURTLE AND LEAST
TERN NESTING SEASONS;
4. location of Coastal Construction Setback Line in
relation to proposed land alteration activities;
5. assessment of potential impact of proposed
alterations on site and to adjacent areas;
6. any other relevant environmental conditions;
7. consider alternatives.
B. Consider existing data on storm tide and shoreline
stability;
C. Determine compatibility with Comprehensive Land Use
Plan, Zoning Code and Florida Statute Chapter 161
(16B-33 Rules) Collier County Growth Management Plan
- Conservation and Coastal Management Element;
D. Determine if site plan as proposed or as revised can
be scheduled for a public hearing before the Board of
County Commissioners (BCC);
E. Determine if petition meets criteria in 75-19,
section Four.
III. Executive Summary and Resolution
A. Executive Summary headings to include:
1. Petition: title and brief description, legal
description.
2. Objective: a brief explanation of the proposed
variance.
3. Considerations: accurate facts that have been
submitted concerning the proposal, and
information pertinent to site characteristics
(observations from site visit, data, etc.).
4. Fiscal Impact: what the project will cost the
County.
5. Growth Management Impact: whether the project
supports, or is contrary to, established policy
in the Growth Management Plan.
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6. Recommendations:
a) If the project is recommended for approval,
stipulations may be attached as part of the
recommendation for approval:
i.
Include date of expiration - usually 12
months (the CCSL Ordinance does not
address expiration dates);
requirements for replanting or
enhancement of native habitats;
mitigation conditions;
Vehicle-on-the-Beach permitting
requirements;
construction in Sea Turtle Nesting Area
Permit permitting requirements;
DNR permitting requirements.
ii.
iii.
iv.
v.
vi.
b) The petition may be recommended for denial.
If this recommendation is offered for
consideration by the BCC, it should be
supported with strong environmental
information. Whenever possible this
recommendation should be supported by existing
federal, state or local legislation, or
adopted County policy in the current
Comprehensive Land Use Plan.
6. Applicable attachments with text references
(i.e., location map, site plan, erosion data from
area of interest, previous CCSL variance approved
for sUbject property).
NOTE: THERE SHALL BE NO RECOMMENDATION BY STAFF
IF AT LEAST ONE OUT OF THE TWO TYPES OF VARIANCES
INDICATED IN ORDINANCE NO. 75-19 (SECTION FOUR)
IS NOT PROPOSED.
B. Executive Summary reviewed by Chief Environmentalist,
Project Review Services Manager, Development Services
Director, and Community Development Services
Administrator
C. Resolution preparation based on Executive Summary,
and reviewed and approved as to form and legal
sufficiency by County Attorney
D. Copy of Executive Summary forwarded to petitioner.
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E. Agenda Transmittal, Executive Summary, Advertising
Form and Resolution forwarded to County Manager's
Office with requested BCC hearing date.
NOTE: THE ABOVE MATERIALS MUST BE SUBMITTED
APPROXIMATELY FOUR WEEKS PRIOR TO THE REQUESTED
HEARING DATE. THERE IS A FIFTEEN DAY ADVERTISING
REQUIREMENT TO BE MET AND SIGNATURES TO BE OBTAINED
FROM COUNTY MANAGER'S OFFICE.
IV. Presentation
A. Petition is presented by Environmental
Specialist to BCC on hearing date.
B. BCC votes to approve, approve with modifications, or
deny the petition.
V. Correspondence
A. The applicant will be notified in writing of the
Board's final decision within fifteen days after the
hearing date.
B. Any person aggrieved by a decision of the BCC
granting or denying a variance may apply to the
Circuit Court of the Circuit in which the property is
located for judicial relief within thirty days after
the decision by the BCC is rendered. Review in the
Circuit Court shall be by petition for writ of
certification and shall be governed by the Florida
Appellate Rule.
NOTE: THE APPROVAL OF A CCSL VARIANCE SHALL ALWAYS
BE CONTINGENT UPON THE RECEIPT OF APPROPRIATE STATE
DNR PERMIT(S). A BUILDING PERMIT SHALL NOT BE ISSUED
TO THE APPLICANT UNTIL DOCUMENTATION OF THE STATE DNR
PERMIT(S) ARE SUBMITTED TO THE COUNTY.
The CCSL Ordinance (75-19) was amended in 1980 (Ordinance 80-19)
to allow removal of Australian pine trees (Casuarina litorea),
punk trees (Melaleuca auinauenervia), and Brazilian pepper
(Schinus terebinthifolius). A preceding Ordinance (79-73)
required that these species be removed in most land improvement
projects.
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The Collier County CCSL Ordinance is in need of review and
updating to reflect the state CCCL regulations. A county CCSL
should also be placed in areas where no CCCL presently exists ,
such as beaches inside of passes (i.e. Hideaway Beach) and the
beaches south of Marco Island.
3.6 COLLIER COUNTY COASTAL ZONE PROTECTION ORDINANCE
In April 1987, the Collier County Board of Commissioners enacted
Ordinance 87-20, the "Collier County Coastal Zone Protection
ordinance" (CCCZPO) in accordance with the state Coastal Zone
Protection Act of 1985. The location of the Collier County
coastal building zone is the same as the state coastal building
zone described in section 3.3 of this report. The purpose of the
Ordinance is to provide minimum standards for the design and
construction of buildings and structures to reduce the harmful
effects of hurricanes and other severe storms occurring along the
coastal area. These standards are intended to specifically
address design features which affect the structural stability of
the beach, dunes, and topography of adjacent properties. The
majority of the Ordinance follows the state CZPA; however, the
requirements of the coastal code do not apply to the following:
1. Minor work in the nature of normal beach cleaning and debris
removal.
2. structures in existence prior to the effective date of the
code, except for substantial improvements as defined.
3. Construction for which a valid and unexpired building permit
was issued prior to the effective date (4-21-87) of the code.
4. Construction extending seaward of the MHWL (i.e., groins,
jetties, moles, breakwaters, seawalls, piers, revetments,
beach nourishment, inlet dredging, etc.).
5. Construction of non-habitable major structures as defined.
6. Construction of minor structures as defined herein, except
for the requirements of paragraph 8.4.
7. structures listed in the National Register of Historic Places
or the state Inventory of Historic Places.
8. Construction for improvement of a major structure to comply
with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
living conditions.
construction, except for elevated walkways, lifeguard support
stands, piers, beach access ramps, gazebos, and coastal or shore
protection structures, must be located a sufficient distance
landward of the beach to permit natural shoreline fluctuations
and to preserve dune stability. Construction, including
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excavation, may occur to the extent that the natural storm
buffering and protection capability of the dune is not
diminished.
The CCCZPO also prohibits the following: operation of any hand,
animal, motor or engine driven, powered or pulled vehicle on, in,
over or across any gulf beach, sand dune or vegetated area; the
damage to or removal of vegetation; removing any material from or
alteration to the elevation of sand dunes.
Construction within the coastal building zone and on coastal
barrier islands (including Barefoot Beach/Little Hickory Island,
Keewaydin Island, Marco Island, Kice Island, Cape Romano Island,
Helen Key and the Ten Thousand Islands including, but not limited
to Coon Key, Tripod Key, Hog Key, Panther Key, Round Key, Neal
Key, and Ramsey Key) must meet the requirements of the CCCZPO.
All structures must be designed to minimize damage to life,
property, and the natural environment. Assistance in determining
parameters to minimize such damage may be found in the following
reference documents:
The Shore Protection Manual, u.s. Army Corps of Engineers, 1984,
Coastal Engineering Research Center, Technical Papers and Reports
Naval Facilities Enoineerino Command Desion Manual NAVFAC DM-26,
u.s. Department of the Navy
Coastal Construction Manual, 1986, Federal Emergency Management
Agency
3.7 VEHICLE ON THE BEACH ORDINANCE
In 1974 the Collier County Board of commissioners enacted
Ordinance 74-8, the Vehicle on the Beach Ordinance. The
Ordinance prohibits the operation of vehicles on the Collier
County beaches and sand dunes. The Ordinance also prohibits sand
dunes, or vegetation growing thereon, to be materially altered by
excavating; moving large amounts of sand or earth; trampling a
sand dune with construction or building equipment, or erecting a
footing, foundation, wall or similar action without first
securing a permit by exemption or variance from the Board of
County Commissioners.
Ordinance 74-8 requires the installation of a protective fence a
minimum of 10' landward of the dune prior to the commencement of
any construction. The Ordinance makes it unlawful to cause or
allow construction and related activity seaward of the protective
fence.
II - 59 -
Ordinance 75-19, which establishes the Collier county Coastal
Construction Setback Line, also makes it unlawful for any person,
firm, or corporation to drive any vehicle on, over or across any
sand dune seaward of the CCSL. A variance to this ordinance may
be obtained by following variance procedures.
3.8 COLLIER COUNTY GROWTH MANAGEMENT PLAN
On January 10, 1990 the Collier County Board of Commissioners
passed Ordinance 89-05, the "Growth Management Plan for Collier
County" (GMP). The Ordinance enacted and established the GMP
pursuant to the Local Government Comprehensive Planning and Land
Development Act of 1985 and Chapter 9J-5 FAC. The Conservation
and Coastal Management Element of the GMP provides Goals,
Objectives and Policies (GOP's) for the development of the
Collier County coastal zone. The following GOP's directly affect
development in the coastal zone:
GOAL 11
The county shall protect, conserve, manage, and appropriately use
its coastal barriers including shorelines, beaches and dunes and
will plan for, and where appropriate, will restrict activities
where such activities will damage or destroy coastal resources.
OBJECTIVE
11.1
Priorities for shoreline land use shall be given to water
dependent uses over water related land uses and shall be
based on type of water-dependent use, adjacent land use,
and surrounding marine and upland habitat considerations.
POLICY
11.1.1 Priorities for water-dependent uses shall be:
a. Public Boat Ramps
b. Marinas
1. commercial (public) marinas over private marinas
2. dry storage over wet storage,
c. Commercial fishing facilities
d. Other non-polluting water-dependent industries or
utilities
II - 60 -
11.1.2 No deep water ports shall be allowed.
11.1.3 priorities for water-related uses shall be:
a. Recreational facilities
b. Marine supply/repair facility
c. Residential development
11.1.4 The following priority ranking for siting of shoreline
development and the resultant destruction or disturbance
of native vegetative communities for water
dependent/water related land uses shall apply:
a. areas presently developed,
b. disturbed uplands,
c. disturbed freshwater wetlands,
d. disturbed marine wetlands,
e. viable, unaltered uplands,
f. viable, unaltered freshwater wetlands,
g. viable, unaltered marine wetlands.
11.1.5 In order to protect manatees, marinas shall be
discouraged in designated manatee critical habitat unless
other protective measures are provided. (Reference Policy
7.2.3)
11.1.6 New marinas shall conform to the following criteria:
a. Marinas must provide vehicular parking and sewage
pump-out facilities;
b. Fueling facilities shall be designed to contain
spills from on-land equipment and shall be prepared
to contain spills in the water
c. Marina facilities must be accessible to all public
services essential to ensure their safe operation
II - 61 -
11.1.7
11.1.8
11.1.9
OBJECTIVE
11.2
POLICY
d. Marinas and multi-slip docking facilities shall
prepare hurricane plans for approval which describe
measures to be taken to minimize damage to marina
sites and neighboring properties and the environment;
this hurricane plan shall be reviewed and approved by
the County.
e. Dry storage should be encouraged over wet storage.
Marinas and other water-dependent and water-related uses
shall conform to other applicable policies regarding
development in marine wetlands. Marinas that propose to
destroy wetlands shall provide for use by the general
public.
All new marinas that propose to destrov viable naturallv
functioning marine wetlands shall demonstrate, the .
economic need and feasibility for such development.
These policies shall serve as criteria for the review of
proposed development in "ST" designated lands.
The County shall continue to insure that access to
beaches, shores and waterways remain available to the
public and by December 31, 1992 develop a program to
expand the availability of such access and a method to
fund its acquisition.
11.2.1 Existing access for the pUblic to the beach shall be
maintained by new development. New beach front development
shall show on their site-plans existing beach access ways
and the proposed development shall continue that access
way, relocate it on the site, or donate it to the County.
11.2.2 Evaluate appropriate public access intervals for
renourished beaches considering the demand for recreation
and the ability of the natural system to support the
demand. If existing access is not sufficient, then the
county shall acquire additional access points as a part
of the renourishment project.
11.2.3 A credit towards any developed recreation and open space
impact fee shall be given for developments which provide
public access facilities.
II - 62 -
11.2.4 All public access facilities shall include parking
facilities and roadway access.
11.2.5 The county shall accept donations of shoreline lands
suitable for use as public access facilities.
11.2.6 The County shall coordinate with state and Federal
agencies regarding use of and access to Federal and state
owned properties in the Coastal Zone for pUblic use.
OBJECTIVE
11.3
until the Coastal Barrier and Beach System Management
Plan is adopted (Objective 11.6), undeveloped coastal
barriers shall be maintained predominantly in their
natural state and their natural function shall be
protected, maintained and enhanced.
POLICY
11.3.1 "Undeveloped" coastal barrier systems shall be defined
as set forth in the Federal Guidelines based on the
amount of structures per acre of fastlands and for which
no development approval or permits have been issued by
Collier County, or plats recorded. "Fastlands" are the
upland area as defined in the Federal Guidelines.
11.3.2 Any development activities on an undeveloped coastal
barrier must be compatible with protection of the natural
form and function of the coastal barrier system.
11.3.3 The highest and best use of undeveloped coastal barriers
are as functioning natural systems; therefore the first
alternative to development should be consideration of
acquisition by or for the public benefit to preserve the
natural function.
11.3.4 Public expenditure shall be limited to property
acquisition and for public safety, education,
restoration, exotic removal, recreation and research
facilities that will not substantially alter the natural
characteristics and the natural function of the
undeveloped coastal barrier system.
11.3.5 Native or other County approved vegetation shall be
required as the stabilizing medium in any coastal barrier
vegetation or restoration program.
II - 63 -
11.3.6 Prohibit construction of structures seaward of the
Coastal Construction Control Line on undeveloped coastal
barriers. Exception shall be for passive recreational
structures, access crossovers, and where enforcement
would not allow any reasonable economic utilization of
such property. In the latter event, require construction
that minimizes interference with natural function of such
coastal barrier system.
11.3.7 Participate in and encourage regional and state programs
to acquire naturally functioning, undeveloped coastal
barrier systems to insure the preservation of their
natural function.
11.3.8 Development density on undeveloped coastal barrier
systems shall not exceed the lowest density provided in
the Future Land Use Element.
11.3.9 Native vegetation on undeveloped coastal barriers should
be preserved. To the extent that native vegetation is
lost during land development activities and the remaining
native vegetation can be supplemented without damaging or
degrading its natural function, any native vegetation
lost during construction shall be replaced by
supplementing with compatible native vegetation on site.
All exotic vegetation shall be removed and replaced with
native vegetation where appropriate.
11.3.10 No new bridges, causeways, paved roads or commercial
marinas shall be permitted to or on undeveloped barrier
systems.
11.3.11 Shoreline hardening structures (e.g., rip-rap, seawalls,
groins, etc.) shall not be allowed on undeveloped coastal
barriers except in the interest of public safety or of
land use related hardship.
11.3.12 Require the use of the "Planned Unit Development" (PUD)
provisions of the zoning ordinance for new developments
or redevelopments proposed to take place within areas
identified as Coastal Barrier system with the exception
of one single family dwelling unit on a single parcel.
11.3.13 These policies shall be implemented through the existing
"ST" zoning procedures.
II - 64 -
11.3.14 Substantial alteration of the natural grade on
undeveloped coastal barriers by filling or excavation
shall be prohibited except as a part of an approved dune
and/or beach restoration program, or as part of a DER
approved wastewater treatment system or as part of an
approved public development plan.
11.3.15 Agriculture and timbering are not exempt from the above
goals, objectives, and policies related to coastal
barrier systems.
OBJECTIVE
11.4
Until the Coastal Barrier and Beach System Management
Plan is adopted (Objective 11.6), protect developed
coastal barriers and developed shorelines by establishing
mechanisms or projects which limit the effects of
development and which help in the restoration of the
natural functions of coastal barriers and affected
beaches and dunes.
POLICY
11.4.1 Promote environmentally acceptable and economically
feasible restoration of the developed coastal barriers
and the urban beach and dune systems.
11.4.2 Prohibit further shore hardening projects except where
necessary to protect existing structures, considering the
total beach system and adjacent properties.
11.4.3 Prohibit activities which would result in man induced
shoreline erosion beyond the natural beach erosion cycle
or that would deteriorate the beach and dune system.
11.4.4 Require dune stabilization and restoration improvements
in land development projects along beach areas.
11.4.5 Initiate and support beach and dune restoration and
preservation programs where appropriate.
11.4.6 Require native vegetation as landscaping on development
activities in developed coastal barrier systems and on
the beach and dune systems.
11.4.7 Prohibit construction seaward of the Coastal Construction
Control Line except where the same would be permitted
pursuant to the provisions of the Florida Coastal Zone
Protection Act of 1985 or where said prohibition would
II - 65 -
result in no reasonable economic utilization of the
property in questions, or for safety reasons. In such
cases, construction will be as far landward as is
practicable and effects shall be minimized on the beach
and dune system and the natural functions of the coastal
barrier system.
11.4.8 Construction seaward or the Coastal Construction Control
Line will be allowed for public access and protection and
restoration of beach resources. Construction seaward of
the Coastal Construction Control Line shall not interfere
with sea turtle nesting, will utilize native vegetation
for dune stabilization, will maintain the natural beach
profile, will minimize interference with natural beach
dynamics, and where appropriate will restore the
historical dunes and will vegetate with native
vegetatlon.
11.4.9 Seawall construction fronting the Gulf of Mexico shall be
prohibited except in extreme cases of hardship.
11.4.10 Vehicle traffic or traffic on the beach and primary dunes
shall be prohibited except for emergency and approved
maintenance purposes. The County shall enforce this
requirement with the existing Vehicle On The Beach
Ordinance.
11.4.11 Develop tax incentives and other land use incentives to
encourage additional access or parking areas to provide
utilization of the high capacity urban beaches.
11.4.12 In permitting the repair and/or reconstruction of shore-
parallel engineered stabilization structures, require,
where appropriate, at a minimum:
A. All damaged seawalls will be replaced with, or
fronted by, rip-rap.
B. Where appropriate, repaired structures will be
redesigned and/or relocated landward to match up with
adjacent structures.
11.4.13 Development and redevelopment proposals shall consider
the implications of potential rise in sea level.
OBJECTIVE
11.5
For undeveloped shorelines, provide improved
opportunities for recreational, educational, scientific,
and esthetic enjoyment of coastal resources by protecting
II - 66 -
beaches and dunes and by utilizing or where necessary
establishing construction standards which will minimize
the impact of manmade structures on the beach and dune
systems.
POLICY
11.5.1 Recreation that is compatible with the natural functions
of beaches and dunes is the highest and best land use.
11.5.2 By 1990, prioritize acquisition efforts in order to meet
the projected need for additional public beaches.
11.5.3 Prohibit activities which would result in man induced
shoreline erosion beyond the natural beach erosion cycle
or that would deteriorate the beach dune system.
11.5.4 Prohibit construction of any structure seaward of the
Coastal Construction Control Line. Exception shall be
for passive recreational structures, access crossovers,
and where enforcement would not allow any reasonable
economic utilization of such property. In the latter
event, require construction that minimizes interference
with natural function of such beaches and dunes.
11.5.5
Prohibit motorized vehicles on the beaches and
except for emergency and maintenance purposes.
County shall enforce this requirement with the
Vehicle On The Beach Ordinance.
dunes
The
existing
11.5.7 Regulate activities so that they will not threaten the
stability of the dunes or the beach itself.
11.5.8 Pursue the acquisition of undeveloped beaches and dunes
as the first alternative to development.
11.5.9 Prohibit shoreline armoring processes and encourage
non-structural methods for stabilizing beaches and dunes.
11.5.10 Prohibit construction seaward of the Coastal Construction
Control Line except as follows:
a. Construction will be allowed for public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or
safety concerns as specified in the 1985 Florida
Coastal Zone Protection Act, there shall be no shore
armoring allowed except in cases of public safety.
II - 67 -
11.5.11 Construction activities shall not interfere with the sea
turtle nesting, shall preserve or replace any native
vegetation on the site, and shall maintain the natural
beach profile and minimize interference with the natural
beach dynamics and function.
11.5.12 The County will waive all other non-safety related
set-back requirements and site planning requirements
before allowing construction seaward of the Coastal
Construction Control Line.
11.5.13 For all beach front land development related projects
require dune stabilization and restoration improvements,
the removal of exotic vegetation, and replacement with
native vegetation, as appropriate.
3.9 RECOMMENDATIONS
1. The County should consider adopting the DNR's 1989 CCCL as a
prohibition line for habitable structures. This would allow
the County to have greater control over development seaward
of the state CCCL.
2. The GMP should be amended to change the term "Coastal
Construction Control Line" to "Coastal Construction Setback
Line" to distinguish the County and state jurisdictional
lines.
3. Policy 11.4.7 should be amended to reference the "Florida
Coastal Zone Protection Act of 1989".
4. suggested criteria on which to review variance petitions to
the 1989 line should include the following:
a. No restoration or re-development of formerly habitable
structures seaward of the 1989 CCSL subsequent to decay,
condemnation, or destruction.
b. The 1989 CCSL should represent a development prohibition
line on undeveloped "coastal barriers" (e.g., unbridged
islands such as Keewaydin Island). Absolutely no
habitable structures seaward of the CCSL would be
permitted.
c. Variance petitions for "major structures" proposed
seaward of the 1989 CCSL in developed areas could be
permitted contingent upon state authorization, but not
allowed seaward of the old 1974 line. Thus, new
development could occur in most areas without additional
restraints by the County.
II - 68 -
d. "Minor structures" proposed seaward of the 1989 line would
undergo the same review which present variances receive.
5. The present Vehicle on the Beach Ordinance does not include
provisions for specific vehicles such as those used for beach
raking. The Ordinance does not include provisions which
limit the types of vehicles used during sea turtle nesting
season. This Ordinance should be carefully reviewed and
amended.
6. The present CCSL covers 28 miles of the 57 miles of beaches
in Collier County. The line is absent along beaches inside
of passes (e.g., Hideaway Beach) and on the beaches south of
Marco Island. The CCSL should be amended to include these
beaches.
7. Public awareness and education concerning the importance of
our beaches and dunes, the detrimental effects of most
coastal developments and beach cleaning practices (e.g. beach
raking), needs to be encouraged.
II - 69 -
. .
;~
J
"
"
-~~1'.~. ~
.\ i(
.I.,
..~
.~
""'~
~JP
R.port .occong,... on 'ho Cou'a' Born., Ruou,eu S...~m___._..__
QV.'D~^'0LE ....:-___ ~'O..~l ".Ml
MARCO ISLAND ~-':"::-s.,-.-:-:.:-~:.."
A.O<ID'
0..-____....__
"".... --.----....-..--
..- rill
UJIIf1TDITA~
OCP&JI1lIIOfT Of nil ...n_
----....-
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'Js~"'.....".......
Figure 3-1:
CBRS unit P15
the Interior,
Cape Romano
1988b) .
(from u.s.
Dept of
II 70
e
Report to Congress on the Co..tal Barrier A.source. Sratam
I QlJAO!lAl't(;lE) ::-c:..~~=-::~~
NAPLES SOUTH _____ol__...
F(.OttltlA ----.-.....--....
_____ol___
-....----..-.-.-
- II
8 __.........___,..___
-
.
,~
UMTQ nATU
..,....,...,. or nM IIfftMOIt
--.--~
....~--,.-.
u.~....._
-..... oc._
-
.
-
.
- --....
,-~
Figure
3-2A:
CBRS
U.s.
Unit P16
Department
Keewaydin Island
of the Interior,
(from the
1988b) .
II
71
e
Report,ol! eng.... on 'he ~::.:::~,......e' Re.oU'"!.. sv.t;;.:..~==,::.~~
BELLE MEADE ~____.__....
FLDaIJ).\ "---~..._-...,
-----...--
--.'--'..-..--
. =...uo__,..___ II
U'UT.DlTun
......lIIT1lI.1fT O. TNK INnJUOIt
_._--
......CoMoool........s.....ro-.
us~"'__
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'~~~=c-- -_- - _~-,=""U'
, .. '...~rt.
~
.
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Figure 3-2B: CBRS unit P16 Keewaydin Island, continued (from
the u.s. Department of the Interior, 1988b).
II 72