Emergency Temporary Coastal Armoring Permit

If a coastal storm causes erosion of the beach-dune system, under the authority of Section 161.085, Florida Statutes (F.S.) and Chapter 62B-33, Florida Administrative Code (F.A.C.), a local government may authorize emergency measures for the protection of threatened private residences.

Emergency relief measures may be taken as long as the following considerations are incorporated into such emergency measures:

• Protection of the beach-dune system
• Siting and design criteria for the protective structure
• Impacts on adjacent properties
• Preservation of public beach access
• Protection of native coastal vegetation and nesting marine turtles, their hatchlings, and other nesting state or federally threatened or endangered species.
  

Emergency relief measures that result in the installation of temporary armoring are permissible provided a Department of Environmental Protection (DEP) permit has not been issued for coastal armoring to protect the threatened structure.

Structures constructed under this authority shall be temporary and the property owner shall remove the structure or submit a permit application to the DEP for a permanent structure at the time of submittal of the Emergency Temporary Coastal Armoring Permit Application to the County.

Prior to authorizing, by emergency permit, any temporary measures for the protection of private residences, an emergency declaration must be made by the local government. If an emergency declaration is made, the local government shall provide a written notification to affected property owners and the DEP. Such notification shall include:

• Documentation from the local government authorizing the declaration
• The date and details of the storm event that created the emergency

Exception: If the State of Florida issues a declaration of emergency the local government declaration is not required.

Local governments must notify the DEP’s Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, within three working days of authorizing the installation of any armoring structures. For the notification to the DEP, the property owners that are included in the emergency declaration shall provide to the County, at a minimum:

• The description of the structure(s), including a sketch and location;
• The name and address of the property owner(s); and
• The date(s) of installation for the structure.

If the local government declares emergency, all protective measures to be untaken by the property owner shall take place within 30 days after the initial erosion event and any temporary emergency structures shall be removed by the property owner within 60 days of installation. This period may be extended by the County for up to 30 additional days upon the revalidation of the emergency conditions. If the State of Florida declares a shoreline emergency, timelines for activities considered under Section 161.085, F.S., shall be concurrent with the DEP’s emergency final order timelines.

First and foremost, the types of temporary protective measures must be the minimum required to protect residences from imminent collapse. Construction debris is not to be used as part of installation, nor is any debris resulting from the storm event to be buried. The County Engineer will use his/her best professional judgment when deciding the most appropriate shoreline protection measure for a specific site. This assessment will be based upon careful consideration of factors such as:

• Potential for physical damage to a residence because of erosion
• Extent of storm damage to the beach-dune system
• The residence must be 15 feet or less from the dune escarpment
• Pre-storm conditions at the site (i.e. critically eroded, eroding, stable, accreting, etc.)
• Potential adverse impacts to adjacent properties resulting from different shoreline protection options
• The ability to facilitate removal of the protective structure within 60 days of installation
• Time of year when the emergency occurs (e.g. during or outside of the turtle nesting season, likelihood for additional storm activity, etc.)
• Presence/absence of marine turtle nesting habitat and/or marked nests
• Construction schedules for permitted beach restoration or nourishment projects, emergency Federal Emergency Management Agency berms, or locally sponsored dune restoration activities at the site

Based on the criteria listed above, one or a combination of the following emergency protective measures may be authorized by the local government:

• Placing beach compatible sand from upland sources to construct protective sand berms or for dune restoration activities. This activity is not considered rigid coastal armoring, and therefore the sand may be left in place without a subsequent permit from the DEP.
• Placing sandbags to create a temporary barrier seaward of threatened residence. This is considered coastal armoring therefore it would require a subsequent permit from the DEP to remain permanently in place.
• Shoring and reinforcing the foundations of threatened residence. Although not coastal armoring, this activity would require a subsequent permit from the DEP, unless specifically allowed by an Emergency Final Order issued by the DEP after a major storm event.
• Installing temporary armoring of wooden retaining walls or cantilever vinyl sheet pile walls (without concrete caps, tie backs, or other reinforcement) seaward of the threatened residence. This is coastal armoring and would require a subsequent permit from the DEP to remain permanently in place.

All temporary protective measures shall be installed in a manner that minimizes adverse impacts to the coastal system, native vegetation, and adjacent properties. The temporary protective measures shall be sited no further than 15 feet seaward of the threatened residence and at, or landward, of the dune escarpment and as close to a threatened residence as practicable. In addition to the above, other factors that will influence the location include:

• The type of protective material(s) to be used
• Construction methods
• Site topography
• Severity of erosion threat
• Distance to and height of the post-storm dune escarpment
• Proximity of structures on adjacent properties to the proposed protective measure
• Presence/absence of sea turtle nesting habitat and/or marked nests
• Other site-specific conditions

Sandbags, wooden retaining walls, vinyl cantilever sheet pile walls, all no higher than 4 feet from the existing beach surface, and installed without concrete caps, tie backs, or other reinforcement. The structures shall be installed no further than 15 feet seaward of the threatened structure only. The structures shall not be constructed with metal, steel or concrete sheet pile. See enclosed Typical Section Temporary Vinyl or Wood Wall for additional details.

For an emergency temporary structure to be permitted by the DEP as a permanent rigid coastal armoring structure an application must be submitted to the DEP and the structure must meet all eligibility, siting and design criteria for permanent armoring specified in Chapter 62B-33.0051, F.A.C., and all other applicable provisions of the rule. In order to receive a DEP permit for armoring, in addition to other criteria, a residence must be considered both “eligible” and “vulnerable.” Therefore, local governments must make a determination as to a residence’s eligibility and vulnerability before issuing an emergency permit to a property owner for the installation of temporary armoring where the property owner intends to submit a permit application to the DEP to allow the armoring to remain. Records obtained from the affected property owner(s) and/or Property Appraiser’s Office may assist in this determination.

Eligible residences include:

• Non-conforming habitable residence (those constructed prior to March 17, 1985)
• Non-habitable structures (e.g., garages, swimming pools, etc.) structurally attached to non-conforming habitable residence whose failure would cause the adjoining habitable residence to become vulnerable An eligible residence will be determined to be vulnerable if:
• The structural foundation of the building (not including ancillary decks or stairs) is exposed or undermined
• The seaward-most foundation corner of the threatened building is within 15 feet of the dune escarpment, as measured perpendicular to the shoreline
• For residences sited on coastal bluffs, a geotechnical analysis which demonstrates that the building is in danger of imminent collapse due to slope instabilities
• Another site specific circumstance exists as specified in Chapter 62B-33.0051(1)(a)2, F.A.C.

Temporary armoring that is installed at properties that are not both eligible and vulnerable will not qualify for a DEP permit and in most instances will have to be removed.

If a property owner installs permanent armoring at a location that includes a County public beach access easement the property owner shall provide, at their expense, a beach access walkover to the beach in order to maintain public access in that location.

Property owners that seek DEP authorization to allow a temporary structure to remain in place as a permanent coastal armoring structure must submit a complete application to the Bureau at the address referenced above. The permit application form is entitled Application for a Permit for Construction Seaward of the Coastal Construction Control Line or Fifty-Foot Setback, DEP Form 73-100 (as revised) and is included in this
informational package.

As well, copies of the form can be obtained by telephoning (850) 488-7708 or from the Bureau’s web site Coastal Construction Forms. The application must contain the information requirements specified in Chapter 62B-33.008, F.A.C.

Complete the Emergency Temporary Coastal Armoring Property Owner Permit Agreement and the Emergency Temporary Coastal Armoring Permit Application, attach the site sketch and attach any additional documents including the completed DEP application form referenced above, if applicable, and submit the entire package, including the applicable application fee, to the St. Johns County Building Department located at 4040 Lewis Speedway.

Construction shall be conducted by a state or local licensed contractor properly licensed for the applicable work. Ideally a contractor that has knowledge and experience in temporary coastal armoring requirements is preferred. Prior to initiation of the construction the Emergency Temporary Coastal Armoring Notice of Commencement shall be submitted to the County.

St Johns County holds an Incidental Take Permit issued by the U.S. Fish and Wildlife Service to allow for area specific beach driving. One condition within that permit requires those persons needing vehicular access to the beach and/or the Conservation Zone to contact County staff for Protected Species Training prior to accessing the beach.

Complete the enclosed document titled Emergency Temporary Coastal Armoring Beach Access Permit Standards and Permit Conditions, attach the finalized Emergency Temporary Coastal Armoring Property Owner Permit Agreement and the approved Emergency Temporary Coastal Armoring Permit and submit St. Johns County Habitat Conservation Section located at 901 Pope Road.

Upon receipt of the completed application a time will be set up to receive consultation on appropriate beach access points and to complete training.