01/13/2024
𝐓𝐨 𝐚𝐥𝐥 𝐨𝐟 𝐦𝐲 𝐖𝐚𝐭𝐞𝐫𝐟𝐫𝐨𝐧𝐭 𝐜𝐥𝐢𝐞𝐧𝐭𝐬 𝐚𝐧𝐝 𝐩𝐫𝐨𝐬𝐩𝐞𝐜𝐭𝐢𝐯𝐞 𝐫𝐞𝐬𝐢𝐝𝐞𝐧𝐭𝐬 𝐨𝐟 𝐰𝐚𝐭𝐞𝐫𝐟𝐫𝐨𝐧𝐭 𝐩𝐫𝐨𝐩𝐞𝐫𝐭𝐢𝐞𝐬. 𝐁𝐞𝐜𝐚𝐮𝐬𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐧𝐮𝐦𝐞𝐫𝐨𝐮𝐬 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬 𝐚𝐛𝐨𝐮𝐭 𝐝𝐨𝐜𝐤𝐬, 𝐥𝐢𝐟𝐭𝐬 𝐞𝐭𝐜 𝐈 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐩𝐮𝐭 𝐭𝐨𝐠𝐞𝐭𝐡𝐞𝐫 𝐚 𝐬𝐮𝐦𝐦𝐚𝐫𝐲 𝐨𝐟 𝐭𝐡𝐞 𝐠𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐅𝐥𝐨𝐫𝐢𝐝𝐚 𝐊𝐞𝐲𝐬, 𝐄𝐧𝐣𝐨𝐲 !
Placido Rodriguez
Global Real Estate Advisor
Florida Keys Specialist
𝐂𝐫𝐚𝐜𝐤𝐢𝐧𝐠 𝐭𝐡𝐞 𝐜𝐨𝐝𝐞: 𝐓𝐡𝐞 𝐥𝐞𝐬𝐬𝐞𝐫 𝐤𝐧𝐨𝐰𝐧 𝟏𝟎% 𝐫𝐮𝐥𝐞 𝐭𝐨 𝐰𝐚𝐭𝐞𝐫𝐟𝐫𝐨𝐧𝐭 𝐝𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭 𝐨𝐟 𝐃𝐨𝐜𝐤 𝐚𝐧𝐝 𝐋𝐢𝐟𝐭𝐬
Venturing into a waterfront construction project in the Florida Keys? Before you set sail, there's a crucial rule you must familiarize yourself with – the 10% rule. While the 25% rule often takes the spotlight, this local regulation is a game-changer that can significantly impact the success of your endeavor.
𝐃𝐞𝐜𝐨𝐝𝐢𝐧𝐠 𝐭𝐡𝐞 𝟏𝟎% 𝐑𝐮𝐥𝐞:
The commonly known 25% rule restricts occupying more than a quarter of the navigable width of any Waterway. However, the lesser-known 10% rule is equally vital. It dictates that your dock cannot extend more tan 10% of the total width of the water, as measured from mean low water on one shoreline to mean low water on the opposing shoreline.
𝐀 𝐂𝐥𝐨𝐬𝐞𝐫 𝐋𝐨𝐨𝐤 𝐚𝐭 𝐭𝐡𝐞 𝐃𝐨𝐜𝐤 𝐋𝐢𝐦𝐢𝐭𝐬:
Let's break it down. Picture a 100-foot-wide canal. According to the 10% rule, your dock can't reach beyond 10 feet from the mean low water line. This rule was established to prevent excessive encroachment into waterways, ensuring fair use and navigation for all waterfront property owners.
𝐂𝐨𝐦𝐩𝐥𝐞𝐱𝐢𝐭𝐢𝐞𝐬 𝐢𝐧 𝐌𝐚𝐧𝐠𝐫𝐨𝐯𝐞 𝐒𝐡𝐨𝐫𝐞𝐥𝐢𝐧𝐞𝐬:
However, this rule becomes particularly intricate in areas with mangrove fringes. The measurement, from mean low water on one side to the mean low water line on the other, may bring your dock uncomfortably close to the mangroves. It's crucial to distinguish between navigable width and mean low water when planning your project in these scenarios.
𝐋𝐨𝐜𝐚𝐥 𝐯𝐬. 𝐅𝐞𝐝𝐞𝐫𝐚𝐥 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧𝐬:
Here's the twist – the 10% rule is a local regulation, not a federal one. Agencies like the Army Corps and the Department of Environmental Protection (DEP) follow the 25% rule, not the 10% rule. This incongruity can catch developers off guard, leading to potential setbacks if local approvals are not secured.
𝐓𝐡𝐞 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐜𝐞 𝐨𝐟 𝐃𝐮𝐞 𝐃𝐢𝐥𝐢𝐠𝐞𝐧𝐜𝐞:
As local authorities become more stringent in enforcing the 10% rule, it's paramount to incorporate this regulation into your project planning from the outset. Failing to do so might result in significant delays and potential project restarts, especially when seeking local permits after federal approvals.
𝐂𝐨𝐧𝐜𝐥𝐮𝐬𝐢𝐨𝐧:
When dreaming of your ideal waterfront project, understanding the nuances of the 10% rule is crucial. Stay informed, plan diligently, and ensure compliance with local regulations to steer clear of unexpected hurdles along your construction journey.