Nearshore Construction Authorizations

Certain coastal construction activities are not exempt from sanctuary regulations and therefore require permission from Florida Keys National Marine Sanctuary to occur. These activities almost always require a permit from other regulatory agencies with authority over coastal construction, such as Florida Department of Environmental Protection, South Florida Water Management District, and the U.S. Army Corps of Engineers. Florida Keys National Marine Sanctuary has the ability to issue an "authorization" of the other agency permit. An authorization is a form of approval that carries the same regulatory authority as a general permit. Florida Keys National Marine Sanctuary also has the option to issue a general permit to approve coastal construction projects.

Resource Assessment Surveys

Because sensitive marine species and habitats are common in nearshore areas of the sanctuary where construction may be proposed, Florida Keys National Marine Sanctuary generally requires all applicants for such work to submit a complete and accurate resource assessment survey with the project application materials.  Information provided in the resource survey allows sanctuary managers to assess the level of impacts from any given activity and recommend terms and conditions to avoid, minimize, and mitigate impacts to sanctuary resources during nearshore construction activities.

Resource surveys should adhere to all methods in the Florida Keys National Marine Sanctuary Resource Assessment Survey Protocols for Nearshore Construction Projects (November 30, 2022). Resource surveys must be completed by a qualified biologist who holds the necessary Florida Keys National Marine Sanctuary permit if prohibited activities are being undertaken in the course of the survey (e.g., placing transect lines to quantify resources).

Below is a list of common construction activities that require an authorization or general permit. This is not a complete list. If the activity you are proposing is not listed below, an authorization or permit may still be required from Florida Keys National Marine Sanctuary. It is highly recommended that sanctuary permitting staff be contacted to evaluate any proposed activity.

• Maintenance dredging
• Constructing or repairing marinas with ten or more slips
• Any construction that has the potential to or will impact corals (e.g., seawall repairs, dock installation)
• Directional drilling to install subaqueous utilities
• Installing moorings or establishing mooring fields
• Constructing new or replacement bridges
• Collecting sediment samples or cores
• Beach renourishment

Applications for nearshore construction authorizations or permits are typically forwarded to Florida Keys National Marine Sanctuary by state or federal regulatory agencies. Applicants are welcome to submit the details of their project directly to the sanctuary for an evaluation as to whether the project requires an authorization or permit. A final determination will not be made until the application package for a state or federal permit or authorization has been received from those regulatory agencies. As noted above, Florida Keys National Marine Sanctuary generally requires all applicants for such work to submit a complete and accurate resource assessment survey with the project application materials.

All inquiries and applications for nearshore construction authorizations should be submitted to Steve Werndli, Florida Keys National Marine Sanctuary Enforcement Coordinator.