Florida Statute 161.052 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.052

161.052 Coastal construction and excavation; regulation.—

(1) No person, firm, corporation, municipality, county, or other public agency shall excavate or construct any dwelling house, hotel, motel, apartment building, seawall, revetment, or other structure incidental to or related to such structure, including but not limited to such attendant structures or facilities as a patio, swimming pool, or garage, within 50 feet of the line of mean high water at any riparian coastal location fronting the Gulf of Mexico or Atlantic coast shoreline of the state, exclusive of bays, inlets, rivers, bayous, creeks, passes, and the like. In areas where an erosion control line has been established under the provisions of ss. 161.141-161.211, that line, or the presently existing mean high-water line, whichever is more landward, shall be considered to be the mean high-water line for the purposes of this section.

(2) A waiver or variance of the setback requirements may be authorized by the department in the following circumstances:

(a) The department may authorize an excavation or erection of a structure at any riparian coastal location as described in subsection (1) upon receipt of an application from a riparian owner and upon the consideration of facts and circumstances, including adequate engineering data concerning shoreline stability and storm tides related to shoreline topography, which, in the opinion of the department, clearly and unequivocally justify such a waiver or variance.

(b) If in the immediate contiguous or adjacent area a number of existing structures have established a reasonably continuous and uniform construction line closer to the line of mean high water than the foregoing, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line on written authorization from the department if such proposed structure complies with the Florida Building Code and the rules of the department. However, the department shall not contravene setback requirements established by a county or municipality which are equal to, or more strict than, those setback requirements provided herein.

(c) The department may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures.

(3) The provisions of this section shall not apply to structures intended for shore protection purposes which are regulated by s. 161.041 or to structures existing or under construction on June 27, 1970.

(4) The department may by regulation exempt specifically described portions of the coastline from the provisions of this section whenever in its judgment such portions of coastline, because of their nature, are not subject to erosion of a substantially damaging effect to the public.

(5) The setback requirements as defined herein shall not apply to any riparian coastal locations fronting the Atlantic Ocean or Gulf of Mexico which have vegetation-type nonsandy shores.

(6) The setback requirements defined in subsection (1) shall not apply to any modification, maintenance, or repair to any existing structure within limits of the existing foundation which does not require, involve, or include any additions to, or repair or modification of, the existing foundation of that structure. Specifically excluded from this exemption are seawalls and any additions or enclosures added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure.

(7) Any coastal structure erected, or excavation created, in violation of the provisions of this section is hereby declared to be a public nuisance, and such structure shall be forthwith removed or such excavation refilled after written notice by the department directing such removal or filling. In the event that the structure is not removed or the excavation refilled as directed within a reasonable time, the department may remove such structure or fill such excavation at its own expense. The cost thereof shall become a lien upon the property of the upland owner upon which such unauthorized structure or excavation is located.

(8) Any person violating any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083. Such person shall be deemed guilty of a separate offense for each month during any portion of which any violation of this section is committed or continued.

(9) The secretary of the department may make recommendations to the Board of Trustees of the Internal Improvement Trust Fund concerning the purchase of the fee or any lesser interest in any lands seaward of the setback requirement as environmentally endangered lands or as outdoor recreation lands.

(10) A coastal county or municipality fronting on the Gulf of Mexico or the Atlantic Ocean shall advise the department within 5 days after receipt of any permit application for construction or other activities proposed to be located within 50 feet of the line of mean high water. Within 5 days after receipt of such application, the county or municipality shall notify the applicant of the requirements for state permits.

(11) The department is authorized to adopt rules for the implementation of the following provisions of this section: excavation and construction; setback requirements; waivers or variances; exemptions; the removal of unauthorized structures or refilling of unauthorized excavations; and violations and penalties.

(12) In accordance with ss. 553.73 and 553.79, and upon the effective date of the Florida Building Code, the provisions of this section which pertain to and govern the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities shall be incorporated into the Florida Building Code. The Florida Building Commission shall have the authority to adopt rules pursuant to ss. 120.536 and 120.54 in order to implement those provisions. This subsection does not limit or abrogate the right and authority of the department to require permits or to adopt and enforce environmental standards, including but not limited to, standards for ensuring the protection of the beach-dune system, proposed or existing structures, adjacent properties, marine turtles, native salt-resistant vegetation, endangered plant communities, and the preservation of public beach access.

History.—s. 1, ch. 70-231; s. 82, ch. 71-136; s. 1, ch. 75-87; s. 4, ch. 78-257; s. 2, ch. 80-183; s. 66, ch. 81-259; s. 21, ch. 94-356; s. 1, ch. 98-131; s. 5, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.

F.S. 161.052 on Google Scholar

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Amendments to 161.052

Arrestable Offenses / Crimes under Fla. Stat. 161.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

S161.052 - CONSERVATION-ENVIRONMENT - CONSTRUCT ON SAND DUNE BEYOND SETBACK LINE - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 161.052

Total Results: 19

City of Treasure Island v. Tahitian Treasure Island, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-10-27

Citation: 253 So. 3d 649

Snippet: as the Coastal Zone Protection Act of 1985. § 161.52, Fla. Stat. (1985). In passing it, the legislature

Atlantis at Perdido Ass'n, Inc. v. Warner

Court: District Court of Appeal of Florida | Date Filed: 2006-07-06

Citation: 932 So. 2d 1206, 2006 WL 1835321

Snippet: (2004). The Florida Legislature enacted section 161.052, Florida Statutes, in 1970 to prohibit certain

St. Joseph Land & Development Co. v. Florida Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1992-03-17

Citation: 596 So. 2d 137, 1992 Fla. App. LEXIS 2800, 1992 WL 51254

Snippet: reason, or unsupported by facts or logic. Section 161.052, Florida Statutes, adopted by the 1970 Legislature

DEPT. OF NAT. RESOURCES v. Wingfield Dev. Co.

Court: District Court of Appeal of Florida | Date Filed: 1991-05-28

Citation: 581 So. 2d 193, 1991 Fla. App. LEXIS 4783, 1991 WL 87671

Snippet: statutes which the rule implements are §§ 370.02(5), 161.052 and 161.053. Of particular importance to note is

Town of Palm Beach v. STATE, DEPT. OF NAT'L RES.

Court: District Court of Appeal of Florida | Date Filed: 1991-04-10

Citation: 577 So. 2d 1383

Snippet: fall within the meaning and intent of Sections 161.052 and 161.053, Florida Statutes: (f) Maintenance

St. Joe Paper Co. v. FLA. DEPT OF NATURAL RES.

Court: District Court of Appeal of Florida | Date Filed: 1988-12-21

Citation: 536 So. 2d 1119

Snippet: 1970, the Florida Legislature enacted section 161.052, Florida Statutes, prohibiting certain construction

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-08-14

Snippet: would appear to be permissible. See, however, s. 161.052(1), F.S., prohibiting a county, among others, from

City of Daytona Beach Shores v. State

Court: Supreme Court of Florida | Date Filed: 1985-12-12

Citation: 483 So. 2d 405, 10 Fla. L. Weekly 629

Snippet: the Coastal Zone Protection Act of 1985, sections 161.52-161.58, Florida Statutes (1985). In the provision

State Dept., Natural Res. v. Sunset Realty

Court: District Court of Appeal of Florida | Date Filed: 1985-08-09

Citation: 474 So. 2d 363

Snippet: variance is requested under the provisions of Section 161.052(2)(b), Florida Statutes, or Section 161.053(2)(b)

Celotex Corp. v. Copeland

Court: Supreme Court of Florida | Date Filed: 1985-06-13

Citation: 471 So. 2d 533, 10 Fla. L. Weekly 309, 1985 Fla. LEXIS 3419

Snippet: 307, 392 N.E.2d 1352 (1979), aff'd, 85 Ill.2d 161, 52 Ill.Dec. 1, 421 N.E.2d 864 (1981); Louisville Trust

Woodholly v. DEPT. OF NATURAL RES.

Court: District Court of Appeal of Florida | Date Filed: 1984-06-15

Citation: 451 So. 2d 1002

Snippet: line or the 50-foot setback requirement (Section 161.052) does not preclude all development of or alteration

Copeland v. Armstrong Cork Co.

Court: District Court of Appeal of Florida | Date Filed: 1984-04-25

Citation: 447 So. 2d 922

Snippet: Illinois: Nolan v. Johns-Manville Asbestos, 85 Ill.2d 161, 52 Ill. Dec. 1, 5, 421 N.E.2d 864, 868 (Ill. 1981)

Held v. Trafford Realty Co.

Court: District Court of Appeal of Florida | Date Filed: 1982-06-02

Citation: 414 So. 2d 631

Snippet: mean high water mark of the Atlantic Ocean [sec. 161.052, Fla. Stat. (1979)], runs through the residence

Town of Indialantic v. McNulty

Court: District Court of Appeal of Florida | Date Filed: 1981-04-29

Citation: 400 So. 2d 1227, 1981 Fla. App. LEXIS 19391

Snippet: restoration and erosion control projects... . [14] §§ 161.052(2)(b), 161.053(4), Fla. Stat. (1979). See § 163

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-08-10

Snippet: See ss. 161.041 and 161.051, F. S. 1977, and ss. 161.052, 161.053, and 161.061, F. S. (1978 Supp.);see also

State Ex Rel. Shevin v. INDICO CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 1975-08-28

Citation: 319 So. 2d 173

Snippet: violations of coastal construction requirements under § 161.052, Florida Statutes, and violations of Development

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-04-16

Snippet: feet landward of the erosion control line (s. 161.052, F.S.), or as determined on a county-by-county

State Ex Rel. Keefe v. City of St. Petersburg

Court: Supreme Court of Florida | Date Filed: 1933-01-02

Citation: 144 So. 313, 106 Fla. 742

Snippet: or taken away. See Hunter v. Pittsburg, 207 U.S. 161,52 L.Ed. 151, 28 Sup. Ct. Rep. 40; Commonwealth v

Smith v. Gail

Court: Supreme Court of Florida | Date Filed: 1902-06-15

Citation: 44 Fla. 803

Snippet: resulted in a verdict for the plaintiffs below, for $161.52, upon which judgment was entered’ upon the same