Permitting requirements for living shoreline projects can be complex and are subject to change. Even experienced applicants must stay current on federal and state regulations. Depending on the scope of work, project owners may navigate permitting themselves or opt to hire consultants or engineers.
When is a permit required?
You do need a permit if your project:
- Impacts wetland habitat, OR
- Extends waterward of the Mean High Water Line (MHWL)
You do not need a permit if:
- Your project uses plants only, AND
- All work remains upland of the MHWL
Agencies involved
Wetlands and waterways in Florida are regulated by both the State of Florida through the Florida Department of Environmental Protection (FDEP) and the federal government through the United States Army Corps of Engineers (USACE). For living shorelines on private property in Florida, you’ll almost always need to coordinate with both FDEP and USACE, but which agency takes the lead depends on the type, location, and scale of the project.
- Florida Department of Environmental Protection (FDEP) – State-level authority
- U.S. Army Corps of Engineers (USACE) – Federal-level authority
Pre-application meetings
The type of permit you need depends on the project location, what materials you plan to use, and how the work might affect the environment. You can meet with FDEP and USACE before you apply for a permit to talk about your project. These meetings can happen in person or online. The more details you share about your project, the better advice you’ll get about what permits you need. These meetings are not required, but they are a good idea, especially if you are new to the permitting process. Pre-application meetings can help you avoid submitting an application that is missing information, which will slow the permitting process down.
Benefits:
- Clarify permit requirements early
- Identify potential delays or issues
- Save time during the permit review process
Tips:
- Schedule a virtual or onsite meeting with FDEP and USACE
- Bring detailed plans and site information to the meeting to receive meaningful guidance
State Permitting:
The The Florida Department of Environmental Protection (FDEP) is divided into six regulatory districts, and some have extra branch offices. In some areas, local Water Management Districts or other offices may handle permitting. These local offices follow the same rules as FDEP.
Who to contact
You should reach out to the FDEP district office that covers your project area. They will help you understand what permits you need and how to apply for them. You can find contact information for each district office here.
Tools and resources
Each district offers:
- Online permitting tools through the FDEP Business Portal
- Guides and background information to help you through the process
- The ability to submit permit applications online
What FDEP permits cover
If your project gets approved by FDEP, it means:
- You are allowed to use state-owned submerged lands (like tidal or coastal waters)
- Your project meets environmental rules
- It may also meet federal requirements, depending on the situation
Types of permits
FDEP can approve shoreline projects through:
- An Exemption
- An Individual Permit
- A State Programmatic General Permit (SPGP)
- Currently, SPGP approvals are given as exemptions
Be sure to click the dropdowns to the right to learn more about each permit type.
Exemption Criteria
(e) Restoration of an eroding shoreline with native wetland vegetative enhancement plantings, provided:
- The length of shoreline is 500 linear feet or less;
- Plantings are native wetland plants appropriate for the site obtained from commercially-grown stock;
- Plantings extend no farther than 10 feet waterward of the approximate mean high water line (MHWL) or ordinary high water line (OHWL);
- All invasive and exotic vegetative species along the shoreline is removed in conjunction with the planting to the extent practicable;
- Biodegradable natural fiber logs or mats that are secured in place, such as with the use of wooden stakes, may be used if necessary to support the vegetative plantings; and
- No fill is placed other than that needed to support the vegetative plantings, except that a breakwater is authorized to be installed concurrent with the planting if permanent wave attenuation is required to maintain the shoreline vegetation, provided:
- The waterward toe of the breakwater extends no more than 10 feet waterward of the approximate MHWL or OHWL, with a top height of no more than the mean or ordinary high water elevation;
- The breakwater is composed predominantly of natural oyster shell cultch (clean and fossilized oyster shell) or other stable, non-degradable materials such as oyster reef, reef balls, boulders, clean concrete rubble, riprap, rock sills, or triangular concrete forms. Oyster shell cultch, if used, shall be enclosed in mesh bags having openings of no more than three inches, or securely fixed to matting prior to placement in the water. Oyster bags and mats must be anchored to prevent movement of shell from the project area;
- The breakwater shall not be placed over, or within three feet (in any direction) of any submerged grassbed or existing emergent marsh vegetation;
- The breakwater shall be placed in units so that there is at least one opening measuring at least five feet in width located every 75 linear feet along the breakwater, with a minimum of one opening, to allow the flow of water and the passage of fish and aquatic wildlife;
- All equipment used during construction shall be operated from, and be stored in uplands; and
- All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
Individual Permit
If elements of the project exceed the thresholds outlined in the exemption, a project can be authorized under an individual permit. Common reasons that the limits are exceeded include but are not limited to:
- Projects are longer than 500 linear feet.
- Project elements (breakwaters or plants) extend further than 10ft waterward of the MWHL, however if materials are expected to be placed beyond 10ft, a lease or an easement may be required for authorization.
- Breakwater height exceeds minimum allowed height (MHWL).
- Fill of wetlands is required for project success.
SPGP
- Can only be constructed in unvegetated, nearshore waters along shorelines to create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic habitat enhancement. Only native plants can be placed along the shoreline or between the shoreline and the living shoreline structure (Reference: JAXBO PDC A7.4.)
- Must meet state requirements for exemption – no more than 10ft waterward of MHWL
- Must not extend beyond -6ft MLLW (Gulf Sturgeon)
- DOES NOT QUALIFY if project extends waterward of adjacent shoreline MWHL
Federal Permitting:
The U.S. Army Corps of Engineers (USACE) makes sure that shoreline projects follow federal rules, especially when they involve building structures, moving dirt, or placing materials in navigable waters. In Florida, USACE offices are organized by region—similar to how FDEP is set up.
Who to contact
You should reach out to the USACE district office that covers your project area. They will help you understand what permits you need and how to apply for them. You can find contact information for each district office here.
Tools and resources
USACE now uses the Regulatory Request System, an online portal where you can:
- Schedule pre-application meetings
- Submit permit applications
- Access helpful tools like a list of permit types, a glossary of key terms, a digital library and general regulatory info.
What USACE permits cover
If your project gets approved by USACE, it means:
- You are allowed to build structures in or over water, like breakwaters and revetments
- You are allowed to place materials like fill, rocks, or concrete in water or wetlands
- You can work in tidal areas or near the shoreline that affects federal water
Types of permits
In 2017, USACE created a special permit for living shorelines called Nationwide Permit 54. It is similar to the FDEP Exemption and is often used for small or simple projects. If a project does not qualify for Nationwide 54, there are other options:
- Standard Individual Permit – Used for larger or more complex projects
- Letter of Permission (LOP) – May be issued if the project has minor impacts and does not fit other permit types
Once USACE has all the details about your project, they will decide which permit is best.
Be sure to click the dropdowns to the right to learn more about each permit type.
General Permits
Nationwide 54
- 500 linear feet or less (can receive waiver to go beyond in certain cases)
- No more than 30ft waterward of Mean Low Low Water (MLLW)
- Installed in a stable manner to prevent relocation during normal conditions/events
- Utilizes appropriate plant species for salinity and elevation
- Structures must be minimum size necessary to establish living shoreline and protect fringe wetlands
- Must have minimal adverse effect on water flow and must be maintained
SPGP
Processed by FDEP – see section above
Individual Permits
Standard Individual Permit
- For activities outside of the threshold of general permits and which may cause more than minimal individual and cumulative environmental impacts
- Follows a comprehensive review of the public interest
- Requires a public notice with (up to) 30-day comment period
Preparing your living shoreline drawings
You will need to submit two drawings of your living shoreline project with your permit application (a Plan View and a Cross Section). You also need to submit a plan to control turbidity during the installation of your project. FDEP provides some example permit drawings for you to reference!
Plan View Drawing (Overhead View)
- Scaled drawings and/or dimensions of all project elements
- MHW and MLW lines
- Existing resources (e.g., seagrass and mangroves) or structures (e.g., docks and seawalls)
- Proposed elements and materials
- Property boundary
- Compass
Cross Section Drawing (Side View)
- Scaled drawings and/or dimensions of all project elements
- MHW and MLW lines
- Proposed elements and materials