Florida Statute 161.042 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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161.042 Coastal construction and excavation in barrier beach inlets.—The department is authorized to direct any person, or any public body or agency, responsible for the excavation of sandy sediment as a result of any activity conducted to maintain navigable depths within or immediately adjacent to any coastal barrier beach inlet within sovereignty lands, after the department considers any limitations under chapters 253 and 403 on the deposition of spoil material from the excavation, and upon issuance of water quality certification by the department, to use such sediment for beach nourishment as prescribed by the department. For any construction or excavation within or immediately contiguous to any coastal barrier beach inlet which has been permitted pursuant to s. 161.041, the department may require the permittee to supply beach profiles and conduct hydrographic monitoring of the impacted area.

History.—s. 3, ch. 78-257; s. 1, ch. 80-183; s. 20, ch. 94-356; s. 4, ch. 2000-346.

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Amendments to 161.042

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Cases Citing Statute 161.042

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South Lake Worth Inlet Dist. v. Ocean Ridge, 633 So. 2d 79 (Fla. 4th DCA 1994).

Cited 5 times | Published | Florida 4th District Court of Appeal

...In evaluating the mitigation program, [DNR] shall take into consideration the benefits of the long-term sand management plan of the permittee and the overall public benefits of the inlet activity." [e.s.] Ch. 87-97, § 12, at 456-57, Laws of Fla. This new provision was an adjunct to section 161.042, which already empowered DNR to require anyone responsible for the excavation of sandy sediment for navigation purposes in any coastal beach inlet to use such sediment "for beach nourishment as prescribed by [DNR]." That provision was unchanged by the 1987 act....

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