WNCA

(Water & Navigation; ^ Control Xuthority) ^^ ^

Frequently asked questions about DOCK CONSTRUCTION

esource Protection 1301 Cattlemen Rd., Bidg. D Sarasota, Fl 34232 North County: (941) 861-6113 South County: (941)861-3029

Who regulates the construction of clocks in Sarasota County?

The County regulates dock construction pursuant to the Sarasota County Code, Article XX, Chap­ter 54, the Water & Navigation Control Authority (WNCA), throughout the unincorporated areas of the County and within the limits of the City of Venice. The WNCA also regulates other dredge and fill activities, including the construction of rock revetments, bulkheads, maintenance dredges, boat ramps, etc., throughout the above-mentioned areas and within the City of Sarasota.

Please note that if your project is located within the City of Sarasota, the Town of LongBoat Key, or the City of North Port, application must be made specifically to that local municipality. In ad­dition, in each case, application must also be made to the Federal and State agencies, including the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the Southwest Florida Water Management District, who also regulate the construction of docks, piers, etc.

Are there any construction activities exempted from the need to ob­tain a permit from the Sarasota County WNCA ?

Yes. There are seven activities that are considered to be exempt and do not require a permit from the Sarasota County WNCA. They are as follows:

(1)     Redecking or resurfacing of decks, docks, piers, and other similar structures

(2)     Replacing or repairing handrails, guardrails, support stringers and benches

(3)     Replacing or repairing tie-backs and deadmen on bulkheads when the work is located landward of all wetlands

(4)     Removing, replacing or repairing bulkhead caps when the cap is reconstructed within six inches of existing dimensions and is above the mean high water line (MHWL)

(5)     Repairing cracks in bulkhead slabs and caps with bonding cent above the MHWL

(6)     Replacing existing hardware and fasteners on dock decking, framing and boat-lifts

(7)     Repairs to bridges, walkways and utility crossings where the structure spans the water way

(8)     Please note that while these activities are exempt from the need for a WNCA permit, a Sarasota County building permit may be required.

What kind of permit do I need to obtain from the County WNCA to build a new dock?

There are three different types of WNCA permits as set forth by the WNCA Code:

Minor Work Permit: for the construction of a new dockage facility, or modifications of an exist­ing dockage facility. The fee for this permit is $750. Note that $200 of this total is non-refundable and is due when the application is submitted. General Permit: for the repair of an existing dock, or the installation of a boat-lift in an existing mooring area. The fee for the repair of an existing dock is $300, and the fee for a new boat-lift is $400. Note that $200 of any of these fees is non-refundable and due when the application is sub­mitted.

Major Work Permit: for those projects that do not meet the criteria listed within the WNCA Code for Minor Work or General Permits. These permit applications are heard at a Public Hearing by the Board of County Commissioners sitting as the WNCA. The fee for this permit is $1,975, with a $400 deposit for mailing costs.

Are there any other permits from the County that I need before building a dock?

Yes. The construction of a dock also re quires a Sarasota County Building Permit. For more information on Building Permits and the Florida Building Code, please con­tact Sarasota County Permitting and In­spection Services at (941) 861 -6117.

In order to make the application process easier for our customers, the WNCA per­mit application has been combined with the standard Sarasota County Building Permit application. The permit application may be picked up and submitted to the Sarasota County Permitting Services (Building De­partment): North County office at 1301 Cattlemen Road, BIdg. A, Sarasota, Florida 34232, or South County office at 4000 S. Tamiami Trail, Venice, Florida 34285.

How many dock or piers can be located at one single-family residential property?

Under a Minor Work Permit, no more than one dock or pier shall be located at a sin­gle-family residence, or at an upland resi­dential parcel, for the purpose of mooring no more than two vessels. Note that only one mooring area can be authorized at a dock structure where the shoreline is less than 65 feet in length.

For commercial and multi-family parcels, no more than one dock or pier may be au­thorized under a Minor Work Permit for the purpose of mooring no more than four vessels.

Can you build a dock on a vacant lot?

No.   According to the County's Zoning Code, the Marine Park zoning district only allows piers and docks to be permitted as an accessory use to a primary residential use. If a property does not have a primary residential use associated with it (i.e. there is a vacant lot), there can be no accessory use (piers and docks).

Pursuant to the WNCA Code, construction of docks, piers, mooring pilings, or boat-lifts, may be authorized under a Minor Work Permit, provided that such structures are appurtenant to upland ripar­ian properties within zoning districts that allow such structures aS a permitted use.

q.    What are the setbacks for a dock and boat-lift from the adjacent property lines and riparian rights lines?

A.      For properties with at least 65 feet of shore frontage, the setbacks from the property lines and riparian rights lines for a marginal dock (a dock that runs along a bulkhead or seawall) are 10 feet. The setbacks for all other dock types and boat-lifts are 25 feet. If the setbacks can't be met, a sworn Affidavit of No Objection may be obtained by the affected adjacent upland owner.

The Affidavit of No Objection, with the pro­posed plan, is required to be signed by the adja­cent upland owner, notarized, and officially re­corded at the office of the Sarasota County Clerk of the Circuit Court prior to issuance of a WNCA permit.

Q I build a dock, how large of a boat can I moor at my dock?

A There are many factors that determine how large of a boat can be allowed to moor at an authorized dockage facility. The primary fac­tor that restricts the size of boats is water depth, and how it relates to the draft of the boat.

The WNCA Code requires that in natural areas, there be a minimum of 1 foot of clear­ance  between  the  submerged  bottom (including the lengths of seagrasses) and the draft of the boat as measured at mean low water. For example, if there is 3 feet of water at mean low water, and the seagrasses are 1 foot in length, the WNCA Code requires that no vessel with a draft greater than 1 foot be moored at that particular dockage facility.

In those cases located in natural areas, where the WNCA Code requires that the draft is less than 2 feet. a Declaration of Restrictive Cove­nants is typically required by the County. This document, which states the required draft of the vessel and the associated permit number, is required to be signed by the owner (s), notarized, and officially recorded in the Sarasota County Clerk of the Circuit Court prior to a WNCA permit being issued. This document assists the County in notifying fu­ture property owners of the draft restriction and the associated permit.

Note that in man-made canals and in previ­ously dredged portions of coastal streams, the 1 foot clearance requirement does not apply.

Q Why does is take so long to get a dock perm it?

A The review time for a WNCA permit applica­tion to build a single-family dock (Minor Work Permit) is specified in the Code as 35 working days. Within this 35 day time pe­riod, County staff reviews the proposal, conducts research and the appropriate site inspection(s), and finally evaluates the proposal for consistency with the Code and the County's Comprehensive Plan, Apexes. If the proposal is not consistent with the Code, or Apexes, County staff may require a re vised plan or additional information. This

process may add on extra review time to the specified time period. This additional re­view time may be minimized, if the quality and accuracy of the plan and supplemental information meets the requirements of the Code and Apoxsee.

In addition to the extra review time dis­cussed above, permits from the U.S. Army Corps of Engineers and the Florida De­partment of Environmental Protection are required prior to the County issuing a permit for a new dock. We recommend to plan accordingly since these agencies can take several months to issue a permit.

Q.   Is every waterfront property owner guaranteed a dock structure?

A.     No. There are many factors that the County takes into consideration in determining whether or not a dock can be permitted. Some of these factors include the protection of natural resources (manatees, mangroves swamps, marine grass beds, etc.), naviga­tion, water depth restrictions, riparian rights, and the rights and interests of the public. Each shoreline area is different from the next; therefore, just because your neighbor has a dock, it does not necessarily mean that your property can have a dock.

In fact, there are many dock structures lo­cated throughout Sarasota County that are located in areas where a dock could not be permitted today. The two main reasons for this are as follows: 1) the WNCA Code has been amended throughout the years with more stringent regulations, and 2) those dock structures that were built prior to Janu­ary I, 1985, are exempt from the need to obtain a Minor Work Permit to remain. Note that permits are still required to repair these docks, add a boat-lift, add dock exten­sions, etc., and that certain permit types re­quire that these dockage facilities come into compliance with today's WNCA Code regu­lations.

BOAT DOCKS

Question: Are boat docks insurable?

Answer:

Generally boat docks are not insurable since they are located in the submerged lands owned by the State of Florida. This may be accomplished by a permit provided that the owner of the uplands property meets certain conditions and fulfills certain requirements imposed by the State of Florida. These permits would apply only to docks used for private purposes of the owner. Boat docks may also be placed in the submerged lands of the state for commercial purposes such as a marina through use of a Submerged Land Lease from the State of Florida. These leases are short term, generally for a period of five years, may not be assigned and may be cancelled by the state for any violation of the terms of the lease, the recording of which would not appear in the public records. As an example, the lease could be terminated if the State were to determine that improper substances were being released into the surrounding water by the tenant under the submerged land lease.

In some instances the owner of upland property abutting the Gulf of Mexico or other navigable body of water will dredge the upland property so as to create a dock area in what was formerly "high and dry land" owned by said upland owner. In such cases the owner of the land in the dock area thus created does not lose title to said lands and can convey the individual slips within the dock area by deed. In these cases title to the dock area can then be insured based upon such deeds subject to the rights of others in and to the use of the waterways and regulation by the State of Florida.

With respect to boat docks that are developed as part of a condominium, the same rules as to insurability set forth above apply. In addition, if the boat dock is created as a limited common element, it is only a right of use similar to a parking space or storage space and as such should not be insured. In a few cases boat slips in a condominium are created as a "condominium unit" the same as a living unit and, if created within formerly "high and dry lands" as above indicated, the deed conveying them may be insured.

Your MSC Title Contacts:

Laura Bowers                                Tracy Bierman

Title Examiner                                Marketing Representative 941-552-5211                                      228-1144 Cell

407 South Orange Ave. • Sarasota, FL 34236 • 941.552-5211 • Fax: 941.552-5210 www.msctitle.com