# Proprietary and Regulatory Authority

What does it mean?

Regulatory
pertaining to authority granted by rules and regulations. refers to the authority that allows an entity of the government, such as DEP, to limit certain activities on your property, as well as on publicly owned lands, to some specific degree for the greater public good.

Some examples of regulatory authority that you may know are local zoning, county planning and building codes and vehicle safety regulations.

Proprietary
pertaining to ownership authority. refers to ownership authority. Most lands including but not limited to tidal lands, islands, sand bars, shallow banks, and lands waterward of the Ordinary High Water Line
The boundary between State-owned Submerged Lands and the adjacent uplands along nontidal waterbodies. or Mean High Water Line
The intersection of the local elevation of mean high water with the shore., beneath navigable
A water that is sufficiently deep or wide to provide passage for vessels. fresh water or beneath tidally influenced waters were titled to the State of Florida when it became a state on March 3, 1845. Title to these lands is held by the Board of Trustees
The Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. The Department and water management districts serve as staff to the Board and are delegated authority to carry out functions of the Baord as specified in Rule 18-21.0051, F.A.C. of the Internal Improvement Trust Fund of the State of Florida. The State is responsible for maintaining these submerged
beneath the surface of the water. lands for a reasonable degree of public use and access, and to protect the lands for future public use.

An example of proprietary authority that you may know is the authority of a landowner to lease
An interest in State-owned Lands designated by a contract creating a landlord-tenant relationship between the Board as landlord and the applicant as tenant whereby the Board grants and transfers to the applicant the exclusive use, possession, and control of certain specified State-owned Lands for a determinate number of years, with conditions attached, at a definite fixed rental. a property to a tenant for a fee so the tenant may use the property, but does not own it and can do only what the landlord allows according to the lease (such as smoking, pets, permission to paint a room, etc.).

How does it apply to my project?

The Department
Florida Department of Environmental Protection and water management districts issue two kinds of authorization for projects. Some projects only require regulatory authorization (Environmental Resource Permit). Projects that are along navigable waters and extend past the mean high water line, like docks and piers, may also require proprietary authorization (State-owned Submerged Lands authorization) in order to use lands that belong to the State of Florida.

If a project requires both kinds of authorization, then both must be reviewed at the same time and issued or denied at the same time. Therefore, if the Environmental Resource Permit is denied, the State-owned Lands authorization must also be denied, and vice-versa.

What if the State does not own the submerged lands next to my property?

Most, but not all navigable waters are owned by the State of Florida. Some have been conveyed (deeded to others) and some have been artificially created. If you have a deed or other document showing that the project is not on State-owned submerged lands, you will not need proprietary authorization. Any claim of private ownership is subject to verification through a title review by the Board of Trustees. A regulatory permit may still be required depending on the type and size of the project.