Beach and Dune Ordinance
Volusia County — Ordinance 2021-13
Beach & Dune Protection
Environmental Standards
Chapter 50 — Division 9: Beaches & Dunes
- § 50-71 Definition: Substantial Damage
- § 50-341 Purpose and Intent
- § 50-342 Jurisdiction
- § 50-343 Penalty
- § 50-344 Exemptions
- § 50-346 Enforcement
- § 50-347 Conservation Zone
- § 50-348 Beach and Dune Permit
- § 50-349 Standards for Permit Issuance
- § 50-350 Walkover Standards
- § 50-351 Armoring Project Standards
- § 50-352 Dune Restoration / Sand Placement
- § 50-353 Restoration and Cleanup
- § 50-354 Removal of Sand from Beach
Chapter 72 — Division 15: Beach & Dune Protection
- § 72-1051 Purpose and Intent
- § 72-1052 Exemptions
- § 72-1053 Beach and Dune Permit
- § 72-1054 Standards for Permit Issuance
- § 72-1055 Walkover Standards
- § 72-1056 Armoring Project Standards
- § 72-1057 Dune Restoration / Sand Placement
- § 72-1058 Restoration and Cleanup
- § 72-1059 Dune Restoration Trust Account
- § 72-1060 Appeals
- § 72-1061 Jurisdiction
Chapter 50 — Environment Division 9: Beaches and Dunes · Article III Minimum Standards for Environmental Protection
§ 50-71 Definition: Substantial Damage
Substantial damage means damage of any origin sustained by a structure as assessed by the property appraiser whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the structure before the damage occurred.
§ 50-341 Purpose and Intent
It is the purpose of this regulation to provide certain minimum standards that promote restoration and preservation of the vital beach and dune system along the Atlantic coast of Volusia County, Florida. The intent is to regulate coastal construction activities that affect the beach and dune system and that may degrade its natural processes and functions. All such standards shall meet or be more restrictive than the Florida Department of Environmental Protection (FDEP) standards.
§ 50-342 Jurisdiction
This division shall apply to the beach and beach approaches, as defined in Chapter 20, Beach Code, Volusia County Code of Ordinances, whether located in incorporated or unincorporated areas of Volusia County. The County will notify a municipality of receipt of a permit application for a project within an incorporated area.
§ 50-343 Penalty
Violations of this division are punishable as provided in section 1-7.
§ 50-344 Exemptions
Activities that are exempted from this division include:
- Planting native coastal vegetation on property or lots abutting the Atlantic Ocean.
- Removal of debris, unpermitted structures or non-functioning coastal armoring.
- Mechanical beach cleaning, provided that it conforms to the standards contained in division 6 of this article pertaining to sea turtle protection, if said activity is permitted by FDEP, and does not enter the Conservation Zone or the Natural Beach Management Areas.
- Any work performed by the United States Army Corps of Engineers (ACOE), the Florida Inland Navigation District (FIND), the Florida Department of Transportation (FDOT), the Florida Department of Environmental Protection (FDEP), or their designee.
- Any maintenance, repair, replacement, improvement or construction activities performed by the county on the beach or on or adjacent to any Volusia County beach approach, as defined in Chapter 20, Beach Code.
§ 50-346 Enforcement
Volusia County Environmental Management Division shall administer the provisions of this division countywide.
§ 50-347 Conservation Zone
A conservation zone is established along the public driving portions of the Atlantic Ocean beach of the county in accordance with the standards and requirements contained in the Volusia County Sea Turtle Habitat Conservation Plan.
§ 50-348 Beach and Dune Permit
A permit shall be required for any excavation, erosion control activities, sand placement, dune restoration, armoring, and maintenance, repair, replacement, improvement, or construction activities related to any structure on the beach or beach approach. An application shall be submitted with the required information contained in Section 72-1053 of the Code of Ordinances.
§ 50-349 Standards for Permit Issuance
In determining whether the project is permittable, the Environmental Management Director (EMD) shall consider, but not be limited to, the following criteria:
- The necessity to conduct such coastal projects for potential benefits versus adverse impacts to the coastal system, including consideration of the feasibility factors in section 50-351(a)(5).
- The degree, if any, of interference or reduction of public access along the beach. There should be no loss or reduction to public access after construction and the impact during construction must be minimized to the maximum extent practicable.
- For armoring projects, the distance (linear feet) of the project from existing adjacent, structurally sound seawall, bulkhead or revetment to determine if it is located in a predominately natural coastline (PNC) area or a predominately armored (non-PNC) area.
- The ability of armoring to achieve the purpose of stabilizing the upland dune system, thus protecting the upland structure from coastal erosion.
- The condition and design of armoring on either side of the proposed site.
§ 50-350 Standards for Beach and Dune Walkovers
Beach and dune walkovers may be constructed for the purpose of maintaining or enhancing pedestrian access to the beach and to minimize habitat impact. All applicable state and local permits must be obtained prior to the start of construction. This section applies to new or reconstructed walkovers. A reconstructed walkover is one which has sustained damage in excess of 50% of its replacement value as determined by the Building Official.
- Walkovers are required at all new public access points and adjacent to all new multi-family dwelling structures, hotel or motel complexes, and other commercial establishments which allow ingress and egress to the beach and lack access to existing walkover structures or ramps.
- Walkovers shall minimize short-term disturbances to the dune system and existing vegetation. Walkovers for public access, multi-family and commercial properties shall be posted with signs including laws concerning prohibition of disturbing sea turtle nests, prohibitions against disturbing state protected vegetation and dunes, the dates of the sea turtle nesting season (May 1–October 31), the effective dates of applicable lighting restrictions, and referencing the sea turtle ordinance [division 6 of this article]. Signs shall be no larger than 2.25 square feet.
- Replacement of any vegetation destroyed during construction with native coastal vegetation suitable for beach and dune stabilization is required. A replanting plan consistent with Section 50-352(b) must be approved by the EMD.
- Walkovers constructed over vegetated dunes or vegetated beach berms shall be elevated above the existing vegetation and dune system. The eastern end of the walkover must be within the conservation zone or no more than 10 feet from the existing toe of dune or line of permanent vegetation. Walkovers should be no more than 6 feet in width.
- All walkovers shall be designed to protect the conservation zone, natural areas, and beach habitat from construction impacts and long-term pedestrian impacts.
- Walkovers shall be constructed in accordance with FDEP regulations, which mandate the preservation and restoration of the associated dune system.
§ 50-351 Standards for Armoring Projects
(a) General Armoring Criteria
Coastal armoring shall conform to FDEP's coastal armoring policy in addition to the following:
- All new and reconstructed armoring projects and emergency repairs must be permitted through the appropriate state and local agencies, and shall comply with this division.
- All coastal armoring permits will be reviewed by the EMD for consistency with the Volusia County Sea Turtle Habitat Conservation Plan (HCP), Incidental Take Permit (ITP), and division 6 of this article.
- All new and reconstructed armoring structures must be buried with an artificial dune at least four feet above the existing grade, at a slope no greater than three to one, and planted with the appropriate native coastal vegetation.
- All new and reconstructed dune systems shall be maintained by the property owner as long as the armoring structure is in place.
- The EMD may consider, but is not limited to, the following factors in determining feasibility of armoring projects: (A) whether a non-armored project affords similar protections, (B) impacts of historical accretion of sand along the beach and dune system, (C) historical tidal influence data, and (D) existing natural dune locations. The EMD will not consider cost, obstruction of view, or ease of access as determinative infeasibility factors.
- Remuneration in lieu of dune restoration. If the EMD determines that the artificial dune restoration requirement is not feasible at the project location due to existing beach conditions:
- The applicant shall, in lieu of actual dune creation, pay a replacement contribution into the Volusia County Dune Restoration Trust Account.
- The replacement contribution will be determined using an engineer's cost estimate of the total cost of the required dune restoration, including placement of sand and native coastal vegetation material and installation costs.
(b–e) Additional Seawall and Discharge Standards
- Seawall construction shall be consistent with FDEP's rules and regulations and shall be of a low-profile design. All new seawalls shall be designed and constructed to minimize adverse impacts to adjacent properties.
- All water discharge onto the beach or beach approaches, except as previously permitted, is prohibited. This includes stormwater outfalls, pool draining pipes and all other types of water discharge onto the beach.
- New seawalls must be placed at the current line of erosion or in line with adjacent coastal construction, whichever is furthest west.
- It shall be a violation for a property owner to allow a seawall or armoring to be in such disrepair that it is buckling, in danger of collapse, or causes imminent danger to the public on the beach, as determined by the county engineer.
§ 50-352 Standards for Dune Restoration or Sand Placement Projects
- Each dune restoration project shall be constructed with habitat compatible materials, such as compatible beach sand and plants native to the region and as authorized by FDEP. A dune restoration project will be required in conjunction with the replacement or reconstruction of any seawalls within the county. The threshold of reconstruction requiring a permit will be based on substantial damage as defined in Sec. 50-71.
- All associated planting plans must show plant spacing acceptable for the size of the proposed plants and in accordance with county approved planting guidelines, and all sand placed adjacent to the project shall be planted.
- Any beach-compatible sand extracted from construction sites on the Volusia County barrier island shall not be removed from the barrier island. Excess sand from construction sites adjacent to the beach shall be used solely for dune and beach reconstruction with a valid FDEP permit.
- The Volusia County EMD shall determine the compatibility of the sand, including the acceptable degree of debris, based on FDEP standards.
- Compatible sand which is to be used for dune and beach reconstruction or renourishment may be stockpiled at the discretion and location designated by the EMD, and must be utilized on the beach.
§ 50-353 Restoration and Cleanup
- Liability for Damage. The permittee shall be liable for all damage, injury or loss to persons or property arising from any act of commission, omission, neglect or misconduct in the performance of work by the permittee, his/her employees or agents, and for all damage arising from defective work or materials.
- Area Outside Permitted Work Area. Where any work disturbs the area outside the permitted work area, including at the beach access points, the permittee shall ensure that the area is completely restored in a manner acceptable to the county. Dune sand or vegetation that is removed or destroyed shall be replaced by the permittee at his/her expense with equal types and sizes. The county may issue a stop work order to minimize further damage.
- Debris and Waste Removal. The permittee shall ensure that project site cleanup and property restoration follows construction/installation operations without delay. Debris and waste material shall be removed from the site daily. Site maintenance, along with ongoing cleanup and final property restoration, shall be subject to the direction and approval of the Environmental Management Director.
- Additional Requirements. Prior to issuance of a permit, the applicant shall provide a one-year performance guarantee at 115% of the project cost as estimated by the applicant's professional engineer or architect and verified by the EMD or LDM. The guarantee shall be in the form of: certified check; cash deposited in an escrow account; a first mortgage on his/her property; letter of credit; or such other guarantee approved by the county attorney. The EMD may waive this requirement in the event of major damage caused by a natural disaster. This does not apply to municipal projects.
§ 50-354 Removal of Sand from Beach Area
- Any beach-compatible sand either dredged from Ponce DeLeon Inlet or extracted from construction sites on the Volusia County Barrier Island shall not be removed from the barrier island. Excess sand from construction sites adjacent to the beach shall be used solely for dune and beach reconstruction with a valid FDEP Permit.
- The county shall determine the compatibility of the sand, including the acceptable degree of debris, based on FDEP standards.
- Compatible sand which is to be used for dune and beach reconstruction or renourishment may be stockpiled at the discretion and location designated by the county, and must be utilized on the beach.
Chapter 72 — Land Planning Division 15: Environmental Standards for Beach and Dune Protection · Article III Land Development Regulations
§ 72-1051 Purpose and Intent
It is the purpose of this regulation to provide certain standards that promote restoration and preservation of the vital beach and dune system along the Atlantic coast of Volusia County, Florida. The intent is to regulate coastal construction activities that affect the beach and dune system and that may degrade its natural processes and functions. All such standards shall meet or be more restrictive than the Florida Department of Environmental Protection (FDEP) standards.
§ 72-1052 Exemptions
Activities that are exempted from this division include:
- Planting native coastal vegetation on property or lots abutting the Atlantic Ocean.
- Removal of debris, unpermitted structures or non-functioning coastal armoring.
- Mechanical beach cleaning, provided that it conforms to the standards contained in division 12 of this article pertaining to sea turtle protection, if said activity is permitted by FDEP, and does not enter the Conservation Zone or the Natural Beach Management Areas.
- Any work performed by the United States Army Corps of Engineers (ACOE), the Florida Inland Navigation District (FIND), the Florida Department of Transportation (FDOT), the Florida Department of Environmental Protection (FDEP), or their designee.
- Any maintenance, repair, replacement, improvement or construction activities performed by the county on the beach or on or adjacent to any Volusia County beach approach, as defined in Chapter 20, Beach Code.
§ 72-1053 Beach and Dune Permit
A permit shall be required for any excavation, erosion control activities, sand placement, dune restoration, armoring, and maintenance, repair, replacement, improvement, or construction activities related to any structure on the beach or beach approach.
An application for a permit shall be submitted with the following information:
- Application forms. A complete permit application shall be submitted by a property owner or authorized agent on the approved application form(s). Submittal of an application is considered express consent for staff to inspect the property as necessary to process the application and determine compliance.
- Fees. Each permit application must be accompanied by the appropriate fee(s) as established by the council. The permit application fees are nonrefundable and nontransferable.
- Required application data. The application must be accompanied by:
- Property boundary survey. Property boundaries must be locatable in the field by the inspectors and clearly identifiable on-site.
- A site plan and cross section view showing all proposed work.
- A completed copy of the appropriate Florida DEP permit, with supporting documents.
- An issued Joint Coastal Permit (JCP), if applicable, for activities required to get ACOE and FDEP approval, with supporting documents and plans.
- A copy of a city building permit or development order, if applicable.
- Dune restoration and maintenance plan, if applicable.
- Identification of proposed beach access points. Vehicles entering the Conservation Zone or Natural Beach Management Area must obtain Habitat Conservation Plan approval from the EMD.
- A cost estimate for the construction of the entire project, including any planting and dune restoration.
- Placement and location of any sand extracted during construction and compliance with section 72-1057(a).
- Other information which the EMD may reasonably require to determine whether to approve the permit.
- Action on permit application. The Land Development Division shall, within three (3) working days from the filing, determine if the application is complete. If complete, the LDM shall transmit the application and plans to the EMD. The EMD shall have fifteen (15) working days from the date of receipt to approve or deny the permit.
- Issuance of permits. If the application meets the requirements and standards of this article, the LDM shall issue the permit based upon approval by the EMD. The issuance of a permit does not create or vest any property right in the holder, nor does it relieve the permittee from obtaining any other required permits.
- Termination of Permit. All Beach and Dune permits shall expire one year from the date of issue unless time extensions are granted by the EMD. Applications for extensions of time shall be made in writing to the EMD at least 30 days prior to the expiration of the permit.
§ 72-1054 Standards for Permit Issuance
In determining whether the project is permittable, the EMD shall consider, but not be limited to, the following criteria:
- The necessity to conduct such coastal projects for potential benefits versus adverse impacts to the coastal system, including consideration of the feasibility factors in section 72-1056(a)(5) for armoring projects.
- The degree, if any, of interference or reduction of public access along the beach. There should be no loss or reduction to public access after construction and the impact during construction must be minimized to the maximum extent practicable.
- For armoring projects, the distance (linear feet) of the project from existing adjacent, structurally sound seawall, bulkhead or revetment to determine if it is located in a predominately natural coastline (PNC) area or a predominately armored (non-PNC) area.
- The ability of armoring to achieve the purpose of stabilizing the upland dune system, thus protecting the upland structure from coastal erosion.
- The condition and design of armoring on either side of the proposed site.
§ 72-1055 Standards for Beach and Dune Walkovers
Beach and dune walkovers may be constructed for the purpose of maintaining or enhancing pedestrian access to the beach and to minimize habitat impact. All applicable state and local permits must be obtained prior to the start of construction. A reconstructed walkover is one which has sustained damage in excess of 50% of its replacement value as determined by the Building Official.
- Walkovers are required at all new public access points and adjacent to all new multi-family dwelling structures, hotel or motel complexes, and other commercial establishments which allow ingress and egress to the beach and lack access to existing walkover structures or ramps.
- Walkovers shall minimize short-term disturbances to the dune system and existing vegetation. Walkovers for public access, multi-family and commercial properties shall be posted with signs including laws concerning prohibition of disturbing sea turtle nests, state protected vegetation and dunes, the dates of the sea turtle nesting season (May 1–October 31), and applicable lighting restrictions. Signs shall be no larger than 2.25 square feet.
- Replacement of any vegetation destroyed during construction with native coastal vegetation suitable for beach and dune stabilization is required. A replanting plan consistent with Section 72-1057(b) must be approved by the EMD.
- Walkovers constructed over vegetated dunes or vegetated beach berms shall be elevated above the existing vegetation and dune system. The eastern end of the walkover must be within the conservation zone or no more than 10 feet from the existing toe of dune or line of permanent vegetation. Walkovers should be no more than 6 feet in width.
- All walkovers shall be designed to protect the conservation zone, natural areas, and beach habitat from construction impacts and long-term pedestrian impacts.
- Walkovers shall be constructed in accordance with FDEP regulations, which mandate the preservation and restoration of the associated dune system.
§ 72-1056 Standards for Armoring Projects
(a) General Armoring Criteria
Coastal armoring shall conform to FDEP's coastal armoring policy in addition to the following:
- All new and reconstructed armoring projects and emergency repairs must be permitted through the appropriate state and local agencies, and shall comply with this division.
- All coastal armoring permits will be reviewed by the EMD for consistency with the Volusia County Sea Turtle Habitat Conservation Plan (HCP), Incidental Take Permit (ITP), and division 12 of this article.
- All new and reconstructed armoring structures must be buried with an artificial dune at least four feet above the existing grade, at a slope no greater than three to one, and planted with the appropriate native coastal vegetation.
- All new and reconstructed dune systems shall be maintained by the property owner as long as the armoring structure is in place.
- The EMD may consider, but is not limited to, the following factors in determining the feasibility of armoring projects: (A) whether a non-armored project affords similar protections, (B) impacts of historical accretion of sand along the beach and dune system, (C) historical tidal influence data, and (D) existing natural dune locations. The EMD will not consider cost, obstruction of view, or ease of access as determinative infeasibility factors.
- Remuneration in lieu of dune restoration. If the EMD determines the artificial dune restoration requirement is not feasible at the project location due to existing beach conditions:
- The applicant shall, in lieu of actual dune creation, pay a replacement contribution into the Volusia County Dune Restoration Trust Account.
- The replacement contribution will be determined using an engineer's cost estimate of the total cost of the required dune restoration, including placement of sand and native coastal vegetation material and installation costs.
(b–e) Additional Seawall and Discharge Standards
- Seawall construction shall be consistent with FDEP's rules and regulations and shall be of a low-profile design. All new seawalls shall be designed and constructed to minimize adverse impacts to adjacent properties.
- All water discharge onto the beach or beach approaches, except as previously permitted, is prohibited. This includes stormwater outfalls, pool draining pipes and all other types of water discharge onto the beach.
- New seawalls must be placed at the current line of erosion or in line with adjacent coastal construction, whichever is furthest west.
- It shall be a violation for a property owner to allow a seawall or armoring to be in such disrepair that it is buckling, in danger of collapse, or causes imminent danger to the public on the beach, as determined by the county engineer.
§ 72-1057 Standards for Dune Restoration or Sand Placement Projects
- Each dune restoration project shall be constructed with habitat compatible materials, such as compatible beach sand and plants native to the region and as authorized by FDEP. A dune restoration project will be required in conjunction with the replacement or reconstruction of any seawalls within the county. The threshold of reconstruction requiring a permit will be based on substantial damage as defined in Article 1.
- All associated planting plans must show plant spacing acceptable for the size of the proposed plants and in accordance with county approved planting guidelines, and all sand placed adjacent to the project shall be planted.
- Any beach-compatible sand extracted from construction sites on the Volusia County barrier island shall not be removed from the barrier island. Excess sand from construction sites adjacent to the beach shall be used solely for dune and beach reconstruction with a valid FDEP permit.
- The Volusia County EMD shall determine the compatibility of the sand, including the acceptable degree of debris, based on FDEP standards.
- Compatible sand which is to be used for dune and beach reconstruction or renourishment may be stockpiled at the discretion and location designated by the EMD, and must be utilized on the beach.
§ 72-1058 Restoration and Cleanup
- Liability for Damage. The permittee shall be liable for all damage, injury or loss to persons or property arising from any act of commission, omission, neglect or misconduct in the performance of work by the permittee, his/her employees or agents, and for all damage arising from defective work or materials.
- Area Outside Permitted Work Area. Where any work disturbs the area outside the permitted work area, the permittee shall ensure that the area is completely restored. Dune sand or vegetation that is removed or destroyed shall be replaced by the permittee at his/her expense with equal types and sizes. The county may issue a stop work order to minimize further damage.
- Debris and Waste Removal. The permittee shall ensure that project site cleanup and property restoration follows construction/installation operations without delay. Debris and waste material shall be removed from the site daily. Site maintenance, along with ongoing cleanup and final property restoration, shall be subject to the direction and approval of the Environmental Management Director.
- Additional Requirements. Prior to issuance of a permit, the applicant shall provide a one-year performance guarantee at 115% of the project cost as estimated by the applicant's professional engineer or architect and verified by the EMD or LDM. The guarantee shall be in the form of: certified check; cash deposited in an escrow account; a first mortgage on his/her property; letter of credit; or such other guarantee approved by the county attorney. EMD may waive this requirement in the event of major damage caused by a natural disaster.
§ 72-1059 Dune Restoration Trust Account
- Establishment. A Volusia County Dune Restoration Trust Account is hereby established as a depository for dune restoration fees and monies.
- Dispersal of assets. The funds shall be expended for the placement of sand, creation of dunes, planting of native dune vegetation, or to cover any other ancillary costs including items or materials necessary and proper for the preservation, maintenance, relocation or restoration of dune ecosystems on any public land within Volusia County. These monies may also be utilized to engage support elements such as landscape architects and additional personnel, following established county procedures.
- Separate accounting. All monies deposited for use as specified in Sec. 72-1056(a)(5) shall be deposited in trust, in a separate accounting unit established and maintained apart from the general revenue funds and accounts of Volusia County.
§ 72-1060 Appeals
The applicant may appeal a determination of the EMD to the Development Review Committee (DRC), in writing, within 30 days of said determination. The DRC may uphold, modify or reverse the determination of the EMD.
§ 72-1061 Jurisdiction
This division shall apply to the beach and beach approaches, as defined in Chapter 20, Beach Code, Volusia County Code of Ordinances, whether located in incorporated or unincorporated areas of Volusia County. The County will notify a municipality of receipt of a permit application for a project within an incorporated area.
Sections IV–VII: Administrative Provisions
Inclusion in Code: The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of the County of Volusia, as additions or amendments thereto, and shall be appropriately numbered to conform to the uniform numbering system of the Code.
Severability: Should any word, phrase, sentence, subsection or section be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional, then that word, phrase, sentence, subsection or section shall be severed from this ordinance and all other provisions shall remain in full force and effect.
Conflicting Ordinances: All ordinances, or parts thereof, in conflict herewith are, to the extent of such conflict, repealed.
Effective Date: This ordinance shall take effect upon filing of a certified copy by e-mail with the Department of State.
Adopted by the County Council of Volusia County, Florida, in open meeting duly assembled at the Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Florida, this 22nd day of June A.D., 2021. Signed: Jeffrey S. Brower, County Chair; Attested: George Recktenwald, County Manager.
