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Legislation was recently passed that amended Florida’s armoring policy to allow coastal armoring on undeveloped private property.
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As reported in the Summer 1999 issue of the Velador, the 1999 Florida Legislature passed legislation that could open the door to significantly more coastal armoring along the Florida coastline. In a little-noticed and last-minute amendment attached to a “must pass” piece of legislation, Florida’s armoring policy was amended to allow coastal armoring on undeveloped private coastal property. Because we believed the amendment was passed illegally, last August, STSL sued to have the law declared unconstitutional. Unfortunately, in February a Florida Circuit Court ruled against STSL, upholding the 1999 sea wall law. The STSL believes it has a good case and will appeal the Circuit Court’s ruling.
Prior to 1999, sea walls could only be permitted if there was clear proof that a major habitable structure was imminently threatened by coastal erosion. The 1999 law, referred to as the “gap closure law,” allows sea walls to be built on private property when that property is surrounded on both sides by existing sea walls and the gap to be armored is less than 250 feet. There is no requirement that a habitable structure needs to be protected or even that the vacant property is susceptible to erosion! This law was a special interest law designed to accommodate a very small number of property owners. However, it could have much larger implications. We are concerned that this law will increase the number of armoring permits and lead to property owners applying for sea wall permits for speculative reasons, merely to increase the value of their properties. Some property owners may believe that coastal property will sell easier and for a higher price if an approved sea wall permit is part of the sale contract. So far only one permit has been issued under the gap closure law, but several more are pending. STSL will continue to monitor the application of the gap closure law and other actions affecting the state's coastal armoring policy.
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