Bill Text: FL H1311 | 2011 | Regular Session | Enrolled

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Bill Title: Walton County

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1004 [H1311 Detail]

Download: Florida-2011-H1311-Enrolled.html

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HB 1311

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
9	Be It Enacted by the Legislature of the State of Florida:
10
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
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.

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