Property Owner Information

The Town of Orchid invites you to please feel very welcome to contact its staff members with any questions or concerns throughout your building project. A renovation or upgrade can be very exciting, but it’s also often rather stressful. And of course a sudden repair is always worrisome! We’re here to assist with information that will hopefully see your project running as smoothly as possible.

Below are provided buttons that lead to important information for Florida property owners (also included in the menu). Read about the history and purpose of the Florida Building Code, know what to be aware of when hiring a contractor, understand the Florida Lien Law and how to protect yourself from double-paying for work at your property.

We appreciate the opportunity to be of service to you regarding your project’s efficient completion in accordance with all applicable standards, requirements and codes. Again, don’t hesitate to reach out to us for information about your project.

Florida Building Code

The 2000 Florida Legislature authorized implementation of the first edition of the Florida Building Code, which was precipitated by the catastrophic losses suffered in South Florida due to Hurricane Andrew. Now in its 7th edition, the Florida Building Code governs the design, construction, erection, alteration, modification, repair, and demolition of buildings, structures, and facilities in the state.

The Florida Building Code and the associated local permitting and inspection processes exist for the protection of the health, safety and welfare of the public, but it also serves to protect property investments and save insurers, the state and local governments money in mitigation costs linked to natural disasters. Adherence to the Florida Building Code has the anticipated benefits of safer buildings, less damage, and lower insured losses from catastrophes. Florida is regularly prone to the ravages of natural disasters such as tropical cyclones, storm surge, flooding, droughts, wild fires, high winds, tornadoes.

The Town of Orchid, with its location on the barrier island, is in a particularly sensitive area.

As a property owner, checking that your contractors pull the required building permits and schedule the required inspections is paramount to meeting the aforementioned goals. Unpermitted work costs more in the long run; for instance, not following the Florida Building Code (including permitting and inspection) may enable your insurance company to refuse to cover any future claims and may affect your ability to sell your residence.

Prior to issuing a building permit, the Building Department verifies the contractor's state license and insurance, to include general liability with property damage and workers compensation. If your contractor is using sub-contractors, it is the contractor's responsibility to verify this information for the sub-contractors hired by him/her. It is good practice as a homeowner to request copies of that information to ensure you are protected from unlicensed or uninsured workers. Job sites can be hazardous and making sure your contractors carry adequate insurance in case of injury may help you avoid expensive claims against your property insurance.

Architectural Review Committee

All residential properties in the Town of Orchid are subject to the Orchid Island Golf & Beach Community Association, which provides a wide range of development standards. Any project that affects the outside of a property (regardless on what side of the property) must be approved by the Architectural Review Committee of the aforementioned homeowners' association.

The Town recommends that property owners and their contractors gain approval from the Architectural Review Committee, prior to applying for a permit from the Town of Orchid. The former is generally more focused on aesthetics, whereas the Town is wholly focused on zoning and the requirements of the Florida Building Code. Going to the Architectural Review Committee first can help avoid the need for revisions or larger issues on Town building permits.

To reach out to the Community Association with any questions about the process, please call (772) 646-7130.

Florida Lien Law

According to Florida law, those who work on your property or provide materials, and are not paid-in-full, have a right to enforce their claim for payment against your property. This claim is known as a construction lien.

If your contractor fails to pay subcontractors or material suppliers, the people who are owed money may look to your property for payment, even if you have paid your contractor in full.

This means that if a lien is filed against your property, your property could be sold against your will to pay for labor, materials, or other services which your contractor may have failed to pay.

This document provides information regarding Florida Statute 713, Part 1, as it pertains to home construction and remodeling, and provides tips on how you can avoid construction liens on your property.

Protecting Yourself

If you hire a contractor and the improvements cost more than $5,000 ($15,000 for HVAC), you should know the following:

  • You may be liable if you pay your contractor and he then fails to pay his suppliers or contractors. There is a way to protect yourself. A Release of Lien is a written statement that removes your property from the threat of lien. Before you make any payment, be sure you receive this waiver from suppliers and subcontractors covering the materials used and work performed on your property.
  • Request from the contractor, via certified or registered mail, a list of all subcontractors and suppliers who have a contract with the contractor to provide services or materials to your property.
  • If your contract calls for partial payments before the work is completed, get a Partial Release of Lien covering all workers and materials used to that point.
  • Before you make the last payment to your contractor, obtain an affidavit from your contractor that specifies all unpaid parties who performed labor, services or provided services or materials to your property. Make sure that your contractor provides you with final releases from these parties before you make the final payment.
  • Always file a Notice of Commencement before beginning a home construction or remodeling project. The local authority that issues building permits is required to provide this form. You must record the form with the Clerk of the Circuit Court in the county where the property being improved is located. Also post a certified copy at the job site. (In lieu of a certified copy, you may post an affidavit stating that a Notice of Commencement has been recorded. Attach a copy of the Notice of Commencement to the affidavit.)
  • In addition, the building department is prohibited from performing the first inspection if the Notice of Commencement is not also filed with the building department. You can also supply a notarized statement that the Notice has been filed, with a copy attached.

The Notice of Commencement notes the intent to begin improvements, the location of the property, description of the work and the amount of bond (if any). It also identifies the property owner, contractor, surety, lender and other pertinent information. Failure to record a Notice of Commencement or incorrect information on the Notice could contribute to your having to pay twice for the same work or materials.

Notice to Owner

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished. The Notice to Owner must be served before commencing, or within 45 days of commencing, to furnish the services or materials (but before owner's final payment to the contractor). A lien cannot be enforced unless the lienor has served the Notice to Owner as described above.

Whose Responsibility Is It To Get These Releases?

You can stipulate in the agreement with your contractor that he must provide all releases of lien. If it is not a part of the contract, however, or you act as your own contractor, you must get the releases.

If you borrow money to pay for the improvements and the lender pays the contractor(s) directly without obtaining releases, the lending institution may be responsible to you for any loss.

What Can Happen if I Don’t Get Releases of Lien?

You will not be able to sell your property unless all outstanding liens are paid. Sometimes a landowner can even be forced to sell his property to satisfy a lien.

Who Can Claim a Lien on My Property?

Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always require a release of lien from anyone who does work on your home.

Contesting A Lien

A lien is valid for 1 year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the 1-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.

The Construction Lien Law is complex and cannot be covered completely on this page. We recommend that whenever a specific problem arises, you consult an attorney.

To register a complaint, learn whether complaints have been filed against a prospective contractor or verify a contractor's license status, contact the Florida Department of Business and Professional Regulation's Customer Contact Center via telephone at (850) 487-1395 or online on the My Florida License Website or via mail:

  • Florida Department of Business and Professional Regulation
    2601 Blair Stone Road
    Tallahassee, Florida 32399-1027

You may also contact the Town's Building Department or the Better Business Bureau for assistance.

Inspection Services & Plan Review

Building Official Services

The Town of Orchid provides in-person services from a Building Official on a twice-weekly basis: Mondays and Wednesdays. Inspections can be scheduled for either of those days as best suits the contractor and property owner. If an inspection is prudent to be conducted on another day of the week, a special inspection may be requested for a fee. The fee applies per job site and may include multiple inspection types (for instance for both plumbing and electrical).

The Building Official attends to plan review throughout the week. Most permit applications are issued within 24 to 48 hours, when applications are found to be complete. Applications for extensive projects may require engineering and planning review as well, which can take longer because there is a greater opportunity for additional information to be needed to ensure total compliance with the Florida Building Code and the Town's Code of Ordinances. The Building Clerk notifies owners by email of application receipt by the Town and permit issuance. Once weekly, the website is also updated with the Status of Recent Building Permit Applications through their issuance.

The Building Official is available to the Town by phone and email any day of the week, so you are encouraged to reach out to our Building Clerk for assistance with questions at your convenience. You may want to meet with the Building Official in-person and this can also be accommodated. Please contact our Building Clerk to schedule a meeting either at Town Hall or on-site in Orchid.

Private Providers

Pursuant to Section 553.791 Florida Statutes, the fee owner of a building or structure, or the fee owner’s contractor upon written authorization from the fee owner, may choose to use a private provider to provide building code inspection and/or plan review services with regard to such building or structure. A fee reduction is available under specific circumstances. Please visit this website's Private Provider page for more details.

Swimming Pool Safety

A woman in a colorful sarong relaxes on a lounge chair by a pool while a young child in a blue shirt plays in the water on a sunny patio garden.On a hot day in the Sunshine State, there's nothing quite looking going for a dip in a swimming pool to cool off. It is unsurprising for that reason, that Florida leads the nation in the total number of residential swimming pools - estimated to be over 1,500,000! Our community is all about fun in the sun, and to keep it that way, we need to make sure everyone is safe, especially around water.

That's why the state of Florida has specific regulations in place, outlined in the Florida Building Code. These are more than just a list of technical requirements; they're a vital layer of protection for our families and neighbors. Tragically, drowning is the leading cause of death for young children in our state, and these regulations are designed to prevent those accidents.

So, what does this mean for you as a pool owner? Your pool must have a pool safety barrier. These can take several forms under the Florida Building Code to provide flexibility to suit your specific property.

  • An Approved Safety Pool Cover: This is a cover that meets specific safety standards (ASTM F1346-91) and is designed to prevent a child from falling into the water. No other safety features are required when a safety pool cover is the selected safety feature for your pool.
  • A Pool Barrier: This is a physical barrier that surrounds the pool/pool area and completely cuts off access to the pool. It can include a fence, wall, or other enclosure. There are several requirements very specific to the type and style of barrier, but basically it must be at least 4 feet high and the bottom of the barrier may not allow more than 4 inches of room underneath. Openings in the barrier may also not exceed 4 inches. Any gate must be self-closing and self-latching, with the release mechanism located at a height that a young child can't reach (at least 54 inches from the ground). The gate must open outward, away from the pool.
  • Door and Window Alarms: If the aforementioned pool barrier does not separate the pool from your home (i.e. the pool can be accessed from your inside your residence), all doors and windows that provide access must be equipped with an alarm that sounds when opened. The alarm must have a minimum sound pressure rating of 85 dBA at 10 feet. Any door providing direct access from the home to the pool must have a self-closing and self-latching device. Like with a fence gate, the release mechanism must be placed at least 54 inches above the floor.
  • A Pool Alarm: Alternatively to the door and window alarms, you may choose an alarm that is placed in the pool and sounds when it detects an accidental or unauthorized entry into the water. It must be certified to meet ASTM Standard F2208 and may use surface motion, pressure, sonar, laser, and/or infrared detection. Please note that a pool alarm alone is not a sufficient safety barrier. That’s because these regulations don't just address young children the owner is aware of, but also other children in the community which the owner might not know are present and may access the pool when the owner isn't home to hear the alarm.

Please note that landscaping, no matter how dense, is not an acceptable pool safety feature/barrier.

The selected safety measure(s) must be in use any time there is no adult supervision of the pool. That’s why permanent features are preferable to those that have to be removed and reinstalled with every use of the pool. Importantly, removable child barriers, such as a kiddie/baby fence, shall have 1 end of the barrier non-removable without the aid of tools.

Whenever you pull a pool-related permit, especially to install a new pool or spa, change the shape of an existing pool, and/or replace the associated decking, the Building Inspector may inspect the safety features to verify compliance with the Florida Building Code. Remember that passing the inspection is not the main goal though - pool safety is. That means using the safety barrier whenever the pool is unsupervised!

National Flood Insurance Program

A detailed flood zone map showing coastal land areas, water bodies, and residential developments outlined with grid lines and specific zone labels.Town of Orchid is a National Flood Insurance Program (NFIP) community. It's important to be aware that areas in the Town of Orchid fall into the Special Flood Hazard Area and that most homeowners insurance does not cover flood damage. The National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA), provides flood insurance through a network of more than 50 insurance companies. Flood insurance is offered under a separate policy that can cover buildings, the contents in a building, or both.

To purchase flood insurance, call your insurance company or agent, or find a provider online on the FEMA website or by calling (877) 336-2627.

Plan ahead, as there is typically a 30-day waiting period for a new policy to go into effect, unless the coverage is mandated and purchased as required by a federally backed lender or is related to a community flood map change.

Floodplain Management Regulations

Flood insurance through the NFIP is available to anyone living in 1 of 23,000 participating communities, of which the Town of Orchid is 1. NFIP communities are required to adopt and enforce floodplain management regulations that help mitigate flooding effects. The Town's Code of Ordinances includes a chapter dedicated to Floodplain Management Regulations, which has been approved by the Office of Floodplain Management of the Florida Division of Emergency Management on behalf of FEMA.

In this state, the Florida Building Code works in tandem with NFIP requirements. All new buildings to be constructed in Special Flood Hazard Areas (regulated floodplains) are required to have their lowest floors elevated to at least 1 foot above the base flood elevation (BFE). Equipment, such as HVAC and generators, must also be elevated to or above BFE.

Flood Insurance Rate Maps & Elevation Certificates

It's important for property owners to know the flood hazard zone(s) ascribed to all or parts of their property. Flood Insurance Rate Maps (FIRMs) are how this is determined. At the bottom of this page is a link to Indian River County's Flood Zone Map, which provides color coded information for our entire county. The map can be navigated wholistically or can directly hone in on a specific address. FEMA most recently updated the data effective as of January 26, 2023.

Special Flood Hazard Areas on these maps are defined as those that will be inundated by a flood event having a 1-percent chance of being equaled or exceeded in any given year, also referred to as the base flood or 100-year flood. These areas are labeled as Zones A, AO, AH, A1-A30, AE, A99, AR, AR/AE, AR/AO, AR/A1-A30, AR/A, V, VE, and V1-V30.

Moderate flood hazard areas, labeled Zone B or Zone X (shaded) are also shown, and are the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. The areas of minimal flood hazard, which are higher than the elevation of the 0.2-percent-annual-chance flood, are labeled Zone C or Zone X (unshaded). The most common zones developed in Orchid (community 120122) are Zone AE and Zones X (both types). Please note that there is a risk of flooding in any of these zones, but the degrees of flood hazard are estimated to be different and the cost of flood insurance differ accordingly.

The Building Official will additionally rely on information from signed and sealed Elevation Certificates to determine whether a building is in compliance with the requirements of the NFIP and the Florida Building Code. Such certificates can be helpful to provide to your insurance agent as well, as he/she determines the flood insurance rates for your property.

Letters of Map Change

FEMA can issue a Letter of Map Change (LOMC) which reflects an official change to a specific property on an effective FIRM. Requests of FEMA for a LOMC to revise or amend an effective flood map can be made by mail or online, if a property was inadvertently included in a flood zone or if the addition of fill elevated your property so that it is above the flood zone.

In January 2023, FEMA issued notification to the Town regarding previous Letters of Map Change for properties and/or structures in Orchid that were revalidated following amendment of the FIRM maps effective as of that same month and year. The notification has been published online by FEMA.

To find a digital copy of the original LOMC for a property, search by case number including all the dashes and ending with the Town's community number (120122).

Substantial Improvement & Substantial Damage

Floodplain regulations specify that when substantial improvement of existing buildings is undertaken in an AE zone, then the structure must be brought into compliance with the current requirements for new construction in that zone. This is also true for buildings in the same zone that have sustained substantial damage by any cause, including fire, flood, high wind, etc. If the building is in an X zone, then the following does not apply to that building.

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
  • Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the ”start of construction’’ of the improvement. This term includes structures that have incurred “substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
    • Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local Building Official and that are the minimum necessary to assure safe living conditions; or
    • Any alteration of a “historic structure," provided that the alteration will not preclude the structure’s continued designation as a “historic structure."

To make a determination of applicability, the cost of the proposed improvement or repairs must be compared to the market value of the building (excluding land, accessory structures, and landscaping). If the resulting ratio equals or exceeds 50 percent, the existing building must be brought into compliance with the floodplain management requirements for new buildings. In Orchid, market value is defined as the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or the most recently certified and published improvement value adjusted to 115% which is the factor provided by the Indian River County property appraiser. The published improvement value can be found the Property Appraiser's website for each property in Indian River County.

All permit applications must include information regarding at least an estimate of the cost to perform the proposed improvements or repairs. If the building has been damaged, the cost estimate must include all work required to repair the building to its pre-damage condition. The cost estimate must include all labor and materials. If the work will be done by a contractor, the contractor’s overhead and profit must be included. If the work will be done by the owner or volunteers, market rates must be used to estimate the cost of materials and the value of labor.

The Town of Orchid can furnish you with a full list of costs to include and costs that may be excluded from the estimate.

It's important to note that work on a property may not be phased to skirt the above requirements of the NFIP. Work that is split over multiple simultaneous or consecutive permits shall be evaluated together for the purpose of determining whether a substantial improvement or repair of substantial damage is being undertaken. Revisions to existing permits that add value to the work shall also be cause for the Building Official to re-determine whether a substantial improvement or repair of substantial damage is now being undertaken.

If the Building Official determines that improvements or repairs to a building constitute substantial improvement or repair of substantial damage, then the building must be brought into compliance with the NFIP floodplain requirements for new construction in Special Flood Hazard Areas. FEMA publishes a detailed guide about retrofitting methods for homeowners. It's important to be aware that dry flood proofing and levees/flood walls are not permitted to be used to retrofit existing residential structures in a case of substantial improvement/substantial damage. Wet flood proofing is only permitted for uninhabited areas of a home (such as the garage).

The purpose of this process is to increase the resilience of vulnerable buildings within those areas in NFIP communities.

Post-Storm Recovery Permitting Guide

Immediate Actions (No Permit Required)

Immediately following a natural disaster, when it is safe to do so - please proceed with extreme caution for one’s own life safety - you may secure your structure to ensure the safety of occupants and to prevent additional damage.

You do not need to wait to start the following activities. These are considered "emergency stabilization" or "maintenance" and do not require a building permit:

  • Temporary Tarping: Placing plastic sheeting or tarps over damaged roofs or walls to prevent further water intrusion.
  • Debris Removal: Clearing fallen trees, branches, and wet furniture/carpeting from the interior or exterior of the structure.
  • Boarding Up: Securing broken windows or doors with plywood for safety and security.
  • Minor Fence Repair: Reattaching fence panels to existing, sturdy posts. (Note: Replacing the entire fence or the posts usually requires a permit).
  • Glass Replacement: Replacing broken glass within an existing, undamaged frame.
  • Interior Cleanup: Removing damaged drywall (up to 2 feet from the floor) and insulation to prevent mold, provided it is not a load-bearing wall.
  • Minor Plumbing/Electrical: Replacing a faucet or a "like-for-like" light switch/outlet that was damaged.

Prior to taking up residency in a property following a storm, remove storm shutters from windows and doors. Leaving them installed during occupancy is against Florida Building and Fire Codes, because it is extremely dangerous to prevent swift and easy egress during a fire or other emergency.

Permanent Repairs (Building Permit Required)

Following a natural disaster, building permits must be obtained for any work that would require a building permit under normal conditions. Contractors hired to do repairs must be properly licensed in the same manner as they would under normal circumstances.

Any emergency measures are completed entirely at the risk of the property owner; the work must not proceed past the first required inspection and a building permit must be applied for at the earliest reasonable opportunity.

For these items, the Florida Building Code requires an application and inspection(s):

  • Roofing: Full reroofing or any repair involving the replacement of wood sheathing or structural trusses.
  • Structural: Repairs to load-bearing walls, foundations, or floor joists.
  • Windows/Doors: Complete replacement of window units or exterior doors.
  • Electrical: Full service reconnections, panel replacements, or rewiring due to water damage.
  • Mechanical: Replacement of the entire A/C condenser or air handler unit.
  • Plumbing: Replacement of water heaters or significant repairs to the sanitary sewer or water supply lines.
  • Exterior: Full replacement of siding, stucco, fencing, or permanent accessory structures.

Expedited Processing

If a State of Emergency is declared by the Governor, effective for the Town of Orchid, due to a natural disaster, the Town’s Code of Ordinances provides that building permit applications must be expedited if the applications regard projects necessitated by impacts of that natural disaster and do not require technical review. These include applications for:

  • Roof repairs and reroofing
  • Electrical repairs and service changes
  • Replacement of 1 window or 1 door
  • HVAC replacements (at the discretion of the Building Official)

Post-storm repair applications of any kind will be prioritized for processing over applications not directly related to recovery. Applicants must notify the Building Department if a permit application is eligible for expedited treatment.

Urgent Repair to Mitigate Damage

If immediate repair is necessary to avoid ongoing damage to a structure or system, then work may commence without a building permit, but it must be limited to the extent necessary to remediate only the immediate emergency (i.e. curtail the ongoing damage). Within 24 hours of the immediate repair, a building permit application must be filed with the Building Department or the work will be subject to a penalty.

Further, any such work must remain accessible to the extent possible for inspection by the Building Official or Inspector, or be documented with photographic evidence filed with the Building Department if it cannot remain accessible.

Validity of Post-Storm Permit

A declaration by the Governor of a state of emergency that includes the Town of Orchid for a natural disaster tolls the valid period remaining under an issued building permit for the duration of the emergency declaration and extends the validity of the building permit by 24 months, if the holder of the permit, within 90 days of the termination of the emergency declaration, notifies the Building Department in writing of the intent to exercise the aforementioned tolling, unless the permit has already expired, or he/she is in significant, and documented, noncompliance with the conditions of the permit.

The extended period to exercise the rights under a building permit may not exceed 48 months in total in the event of multiple natural emergencies for which the Governor declares a state of emergency.

The "50% Rule" for Substantial Damage Determinations

If your property is located within a Special Flood Hazard Area (SFHA), we are bound by FEMA’s Substantial Damage requirements. This means that if the cost of your repairs equals or exceeds 50% of the market value of the structure (excluding land) prior to the damage, the entire building must be brought up to current flood-zone standards under the National Flood Insurance Program. Furthermore, the structure must also be entirely brought up to the current edition of the Florida Building Code.

We will perform Substantial Damage Estimates (SDEs) as quickly as possible. Do not sign a major repair contract until you know where you stand regarding this threshold.

  • Pre-storm tip: Know your property’s flood zone! Use this Indian River County tool: if your structure is wholly in an X-zone, then substantial damage won’t affect you. But, if you are in an AE zone, then you may be subject to the 50% rule. Please note that if any part of your structure is in an AE zone, the Town must treat the whole structure as though it is!

Applying for a Building Permit

The Town utilizes an online building permit processing software through MyGovernmentOnline. This system, which is in use during regular operations, is expected to be particularly effective in an emergency as it allows for the remote application submittal, as well as review and issuance of permits. The portal is open 24 hours, 7 days a week.

However, if there are widespread issues with internet connectivity or electrical power, then the Building Department stands ready to switch back to a paper-based review and issuance system as needed to expedite these processes.

  • If Town Hall is accessible, then that is where in-person services will be provided; or
  • If Town Hall is inaccessible or otherwise unusable, Building Department operations will move to the Indian River County Parks and Recreation facility at 5350 77th Street, Vero Beach, FL 32967.

Following an impactful disaster, the Building Department will be available from 8 a.m. to 4 p.m. on workdays.

Building Permit Fees & Penalties

Per Florida law, we will not increase permit or inspection fees for 180 days following a declared state of emergency for storm-related repairs. However, regular fees and penalties as adopted prior to the natural disaster will apply.

Property Owner Tips for a Swift Recovery

  • Verify Before You Hire: Post-storm "contractors" often appear overnight. Always verify a license via the Florida DBPR. Unlicensed work is not only illegal—it can void your insurance.
  • Document Everything: Take "before" photos of all damage and "during" photos of any emergency repairs you perform. Keep every receipt. This may be helpful to the Building Department, but will certainly be for any insurance claims you may need to file!
  • Owner-Builders: If you plan to do the work yourself, you must appear in person at our office to sign an Owner-Builder Affidavit.
Coastal Construction

Florida's coastal management program protects Florida's beaches and dunes while ensuring reasonable use of private property. It's known as the Coastal Construction Control Line (CCCL) Program and is administered by the Florida Department of Environmental Protection on behalf of the Florida Legislature. The program regulates structures and activities which can cause beach erosion, destabilize dunes, damage upland properties, or interfere with public access. The program is also designed to protect sea turtles and dune plants.

The area under the jurisdiction of the program is the area seaward of the Construction Control Line as established in 1987. You can view the CCCL's location in the Town of Orchid on this interactive map on the Florida Department of Environmental Protection's website. The location is based on coastal engineering models, survey and bathymetric data and scientific principles that determine the upland or landward extent of the damaging effects of a 100-year storm event.

To direct population concentrations away from known or predicted coastal high hazard areas, all activities involving construction, excavation, and sand removal, unless exempt under Section 161.053, Florida Statutes, are prohibited seaward of the 1987 CCCL without first obtaining a permit or other written authorization by the Florida Department of Environmental Protection.

There are a number of different permit and approval types issued by the department depending on the type of project, each with specific requirements. Local contractors are familiar with these, but coastal property owners may want to know more. Information is available direct from the Florida Department of Environmental Protection's website or contacting a department representative:

Per Section 161.053 Florida Statutes, a coastal municipality fronting the Atlantic Ocean, as Town of Orchid is, shall advise the Florida Department of Environmental Protection within 5 days after receipt of any permit application for construction or other activities proposed to be located seaward of the CCCL.

During sea turtle nesting season, no construction, repair, restoration, alteration or maintenance projects east of the existing dune vegetation line shall occur, except for projects necessary to mitigate natural disaster occurrences, dune access projects that if left unattended pose a present danger to health and safety, or Florida Department of Environmental Protection permitted and monitored projects.