A Guide to the Florida Coastal Management Program Requirements, Process, and Compliance

The Florida Coastal Management Program (FCMP) plays a crucial role in protecting and managing the state's invaluable coastal resources while balancing the needs of economic development. This comprehensive guide provides a clear and concise overview of the FCMP, focusing on the key aspects that developers and environmental consultants must understand to navigate the complexities of this essential regulatory framework successfully. Readers will learn about the program's structure, the types of activities and entities it regulates, and the prohibitions in place to safeguard Florida's fragile coastal ecosystems. The guide also offers valuable insights into the FCMP's regulatory standards, monitoring and reporting obligations, and the potential enforcement actions and penalties for non-compliance. By highlighting recent developments, the current regulatory outlook, and providing a curated list of additional resources, this guide serves as an indispensable tool for anyone seeking to manage projects effectively while ensuring compliance with the FCMP's requirements and contributing to the long-term sustainability of Florida's cherished coastal environment.

GENERAL INFORMATION

Key Details of the Florida Coastal Management Program

• Issuing Agency: Florida Department of Environmental Protection
• Year Established: 1981
• Last Amended: 2005
• Statutory Authority: Florida Coastal Management Act of 1978
• Primary Legal Reference: Chapter 380, Part II, Florida Statutes¹

Overview of the Florida Coastal Management Program

The Florida Coastal Management Program (FCMP) operates within the broader framework of Florida's environmental regulations, which are designed to protect the state's unique and sensitive coastal resources. The FCMP is administered by the Florida Department of Environmental Protection (FDEP) and works in coordination with other state agencies, such as the Florida Fish and Wildlife Conservation Commission and the Florida Department of Agriculture and Consumer Services.²

The primary goal of the FCMP is to protect, restore, and enhance Florida's coastal resources while balancing economic development and public access. The program addresses issues such as coastal development, beach erosion, water quality, and habitat conservation.³

The FCMP was established in 1981 under the authority of the Florida Coastal Management Act of 1978. Since its inception, the program has undergone several amendments to strengthen its effectiveness and adapt to changing environmental conditions and development pressures.⁴

The FCMP achieves its goals through a combination of regulatory mechanisms, including permitting, land use planning, and interagency coordination. The program also provides technical assistance and funding to local governments for coastal management projects.⁵

What does the Florida Coastal Management Program protect?

The Florida Coastal Management Program protects a wide range of coastal resources, including beaches, dunes, wetlands, estuaries, and marine habitats. These resources are protected from the adverse impacts of development, pollution, and overuse.⁶

The FCMP achieves this protection through several mechanisms:

1. Coastal Construction Control Line (CCCL) permits: Required for any construction activities seaward of the CCCL, which is established to protect beaches and dunes from erosion and storm damage.⁷

2. Wetland protection: The FCMP requires permits for any activities that may impact wetlands, such as dredging, filling, or draining. Mitigation may be required to offset unavoidable impacts.⁸

3. Water quality protection: The program works to maintain and improve coastal water quality by regulating point and nonpoint source pollution, such as stormwater runoff and wastewater discharges.⁹

4. Habitat conservation: The FCMP coordinates with other agencies to protect and restore critical coastal habitats, such as seagrass beds, oyster reefs, and mangrove forests, which support a diverse array of marine life.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Florida Coastal Management Program (FCMP) is a comprehensive initiative designed to protect and manage Florida's coastal resources while balancing economic development and conservation efforts. The program regulates a wide range of activities and entities that have the potential to impact the state's coastal environment, including construction projects, land use changes, and industrial operations.

Industries and activities regulated under the FCMP include:

• Beachfront and coastal construction
• Dredging and filling operations
• Coastal land use changes and development
• Oil and gas exploration and extraction
• Wastewater and stormwater discharge
• Marinas and boat yards

The FCMP prohibits certain activities and substances that pose significant risks to the coastal environment, such as:

1. The discharge of untreated sewage, industrial waste, or other pollutants into coastal waters[^100]
2. The destruction or alteration of sand dunes, mangroves, and other critical coastal habitats without proper permits[^101]
3. The use of non-native or invasive species in coastal landscaping or restoration projects[^102]
4. The construction of seawalls or other hardened structures in areas with high erosion rates or sensitive habitats[^103]

These prohibitions are in place to prevent irreversible damage to Florida's fragile coastal ecosystems, protect public health and safety, and ensure the long-term sustainability of the state's coastal resources.

Structure and Key Provisions

The Florida Coastal Management Program is implemented through a combination of state laws, regulations, and policies that are administered by various state agencies, including the Department of Environmental Protection (DEP), the Department of Economic Opportunity (DEO), and the Florida Fish and Wildlife Conservation Commission (FWC).

Chapter 380, Part II, Florida Statutes - Coastal Planning and Management[^104]

This section of the Florida Statutes establishes the framework for the FCMP and outlines the program's main objectives, such as protecting coastal resources, managing development in coastal areas, and promoting public access to the coast.

Chapter 62B-33, Florida Administrative Code - Rules and Procedures for Coastal Construction and Excavation[^105]

This chapter sets forth the permitting requirements and standards for construction activities in Florida's coastal areas, including beach nourishment, dune restoration, and the construction of seawalls and other coastal armoring structures.

Chapter 62B-41, Florida Administrative Code - Rules and Procedures for Coastal Zone Management[^106]

This chapter establishes the procedures for reviewing and approving local government comprehensive plans and land development regulations in coastal areas to ensure consistency with the FCMP's goals and policies.

It is essential for project proponents and stakeholders to consult the full text of these and other relevant regulations, as well as to engage with the appropriate state agencies early in the planning process to ensure compliance with the FCMP's requirements and to obtain project-specific guidance.

[^100]: Section 403.086, Florida Statutes - Sewage disposal facilities; advanced and secondary waste treatment. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0403/Sections/0403.086.html [^101]: Section 161.053, Florida Statutes - Coastal construction and excavation; regulation. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0161/Sections/0161.053.html [^102]: Section 369.251, Florida Statutes - Invasive nonnative plants; control and removal. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0369/Sections/0369.251.html [^103]: Section 161.085, Florida Statutes - Rigid coastal armoring structures. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0161/Sections/0161.085.html [^104]: Chapter 380, Part II, Florida Statutes - Coastal Planning and Management. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0380/0380PARTIIContentsIndex.html [^105]: Chapter 62B-33, Florida Administrative Code - Rules and Procedures for Coastal Construction and Excavation.
https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62B-33 [^106]: Chapter 62B-41, Florida Administrative Code - Rules and Procedures for Coastal Zone Management. https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62B-41

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Florida Coastal Management Program establishes a variety of standards and limitations to protect and manage the state's coastal resources. These standards may include performance standards for development activities, such as setback requirements, height limitations, and density restrictions.¹⁰ The program also sets forth criteria for the siting and design of structures, as well as standards for the protection of natural resources, such as dunes, wetlands, and wildlife habitats.¹¹

These standards are implemented through a combination of state and local regulations, including the Florida State Statutes, the Florida Administrative Code, and local comprehensive plans and land development codes.¹² Enforcement of these standards is carried out by various state agencies, such as the Florida Department of Environmental Protection and the Florida Fish and Wildlife Conservation Commission, as well as local governments.¹³

Monitoring, Reporting & Recordkeeping Obligations

Under the Florida Coastal Management Program, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the program's standards and to provide information necessary for effective coastal management.¹⁴

Monitoring requirements may include the need to conduct regular site inspections, assess the impacts of development activities on coastal resources, and track the implementation of mitigation measures.¹⁵ Reporting obligations may involve the submission of periodic reports to the relevant agencies, detailing the status of compliance efforts and any issues encountered.¹⁶ Recordkeeping requirements may necessitate the maintenance of detailed records of development activities, resource management efforts, and compliance documentation.¹⁷

Developers and consultants should work closely with the relevant state and local agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping obligations that apply to their projects.

Enforcement Actions & Penalties

The Florida Coastal Management Program provides for a range of enforcement actions and penalties in cases of non-compliance. These actions may include notices of violation, administrative orders, civil penalties, and, in severe cases, criminal charges.¹⁸

Notices of violation are typically issued by the relevant agencies as a first step in the enforcement process, alerting the regulated entity to the specific nature of the violation and requiring corrective action.¹⁹ If the violation is not addressed satisfactorily, the agency may issue an administrative order, which carries the force of law and may impose additional requirements or restrictions on the project.²⁰

Civil penalties may be assessed for violations of the program's standards, with the amount of the penalty determined by factors such as the severity of the violation, the duration of non-compliance, and the regulated entity's history of compliance.²¹ In cases of willful or egregious violations, criminal charges may be pursued, potentially resulting in fines and imprisonment.²²

To avoid enforcement actions and penalties, it is crucial for developers and consultants to prioritize proactive compliance and early engagement with the relevant agencies.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Florida Coastal Management Program (FCMP) has undergone several significant developments in recent years. In 2020, the Florida Department of Environmental Protection (FDEP) updated the FCMP's Strategic Plan for 2020-2025, which outlines the program's goals and objectives for the next five years ²³. The plan focuses on enhancing resilience to coastal hazards, improving water quality, and protecting coastal resources.

Another notable development was the passage of the Florida Resilient Coastlines Program (FRCP) in 2021 ²⁴. The FRCP provides funding and technical assistance to local governments for projects that address the effects of climate change, such as sea-level rise and increased storm intensity. This program complements the FCMP's efforts to promote coastal resilience and adaptation.

Looking ahead, the FCMP is expected to continue prioritizing resilience and adaptation to coastal hazards. In 2022, the FDEP announced plans to update the FCMP's Coastal Construction Control Line (CCCL) permitting process to better account for sea-level rise projections ²⁵. This update is likely to have significant implications for developers and environmental consultants working on projects in coastal areas.

To stay informed about these and other developments related to the FCMP, stakeholders can:

1. Monitor the FDEP's Coastal Management Program website for updates and announcements ²⁶.
2. Subscribe to the FDEP's email alerts and newsletters ²⁷.
3. Attend public meetings and workshops hosted by the FDEP and other relevant agencies.
4. Engage with industry associations, such as the Florida Shore and Beach Preservation Association ²⁸, which often provide updates and resources related to coastal management issues.

By staying informed and engaged, stakeholders can better navigate the evolving regulatory landscape and ensure compliance with the FCMP's requirements.

Additional Resources

Florida Coastal Management Program Statutes and Administrative Code: This page provides links to the full text of the statutes and administrative rules that govern the FCMP.

FDEP Coastal Construction Control Line Permitting Guidelines: These guidelines offer detailed information on the CCCL permitting process, including application requirements, permit types, and evaluation criteria.

Florida Adaptation Planning Guidebook: This guidebook, developed by the FDEP, provides a comprehensive framework for local governments and other stakeholders to assess vulnerability and develop adaptation strategies for coastal hazards.

NOAA Digital Coast: This online platform offers a wide range of tools, data, and training resources related to coastal management, including sea-level rise viewers, coastal resilience tools, and best practices for adaptation planning.

Florida Sea Grant Coastal Planning Program: The Florida Sea Grant program provides research, education, and extension services related to coastal management and resilience. Their website offers a variety of resources, including workshops, webinars, and publications.