FDEP amendment allows for additional seawall permitting flexibility.

Written by Kristen Schmutz

Belden Communications News 

The Florida Department of Environmental Protection (FDEP) amended the County-specific Emergency Final Order to allow additional flexibility to permit seawall structures in Volusia County.

According to a release, under normal circumstances, structures must be deemed both eligible and vulnerable for FDEP to issue a seawall permit. The term "eligible" refers to a nonconforming structure constructed before 1985 without a construction permit issued by FDEP, while "vulnerable" refers to the foundation of a structure that is exposed, or in the alternative; an engineer may demonstrate that a structure would become exposed, with a 15-year storm interval. The previous Emergency Final Order waived the "eligible" requirement.

The amendment to the Emergency Final Order now classifies the structures within the developed shorelines of Volusia County between reference monuments R51 (Amsden Rd, in Ormond Beach) to R143 (Inlet Harbor Rd in Ponce Inlet) and R161 (Sapphire Ave) to R194 (to the Sandpiper Condominium in New Smyrna Beach as “vulnerable”. All structures outside of these reference monuments are not under this amendment; therefore, they still must meet the "vulnerability" criteria when a resident is seeking a seawall permit from FDEP. However, residents with an outlier property may reference a 25-year storm interval when applying for the construction permit.

FDEP remains the only authority to issue construction permits for a seawall. The amended Emergency Final Order will expire on January 6, 2023, consistent with Governor DeSantis' Executive Order for Hurricane Nicole.

Residents can view the amended Emergency Final Order by visiting the emergency declaration page at www.volusia.org/pin. Residents seeking a seawall permit or information regarding reference monuments are encouraged to contact FDEP at 850-245-2094 or 850-245-8570. For a limited time, residents can speak to FDEP staff at 440 S. Beach St., Daytona Beach.