Activities in, on or over State-owned
Submerged Lands (also called sovereignty submerged lands)
are subject to both the regulatory and proprietary authority of the Department
of Environmental Protection (DEP).Activities in, on or over State-owned
Submerged Lands (also called sovereignty submerged lands)
are subject to both the regulatory and proprietary authority of the Department
of Environmental Protection (DEP).
Regulatory 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. Other examples of regulatory authority that you may be familiar with are local zoning, county planning and building codes, and vehicle safety regulations.
Proprietary 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 or mean high water line, beneath navigable 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 of the Internal Improvement Trust Fund of the State of Florida. The State is responsible for maintaining these submerged 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 be familiar with is the authority of a landowner to lease his 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 him to do according to the lease (such as smoking, pets, permission to paint a room, etc.).
Because the State of Florida owns most lands beneath navigable and tidally influenced waters, applicants will need to obtain consent or arrange for a lease or easement from the Board of Trustees in order to use State-owned submerged lands.
If you have a deed or other document showing that the project is not on state-owned submerged lands, you will not need proprietary consent. 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 structure. This document will help you determine the type of proprietary and regulatory authorizations you will need for your structure based on location and type.
Regulatory and Proprietary Authorizations are reviewed at the same time, and both must be approved in order to receive a permit. You will need to fill out the Joint Application and submit to the appropriate DEP district office or water management district office for review.
Where will your dock, pier or marina be located?
(See map and list of Florida's Aquatic Preserves)
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