Florida dep riparian rights. However, you must not interfere with navigation or the riparian rights of your neighbors. Accordingly, the Court adopted a rule requiring that courts delineate so called “riparian lines” on a case-by case basis; such riparian lines must preserve Florida Department of Environmental Protection has published recommendations for surveyors and practitioners regarding the channel geometry on the allocation of riparian rights. ] Up to 1,000 square feet of over-water surface area One private dock (non-commercial) General Permits Jan 5, 2023 · Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. For exempt docks, the Department recommends using the setbacks below where possible, or centering the dock between property lines and riparian rights lines. These rights ensure that property owners can enjoy and utilize their waterfront property while upholding the broader community’s interest in maintaining the health of water bodies and Aug 7, 2023 · Riparian Rights in Florida: when Florida became a state in 1845, it assumed ownership of these sovereignty lands, as enshrined in the Florida constitution under article 10, section 11. Requirements Setbacks are not required for exempt docks. These deprivations of riparian rights are an unconstitutional taking of STBR’s members’ riparian rights. . Marginal docks, however, must be set back a minimum of 10 feet. Conveyance of title to or lease of the riparian land entitles the grantee to the riparian rights running therewith whether or not mentioned in the deed or lease of the upland. ) to classify when mangroves are exempt to trim or not. The dominant riparian right is usually the near-shore right of ingress and egress to navigable waters. right-of-way or utility permit). The right to view has not been ranked very high in Florida case law. Noticing information as required by subsection 18-21. Mar 5, 2024 · What is a Riparian Mangrove Fringe, and how do I know if I have one? A Riparian Mangrove Fringe (RMF) is a term used in the mangrove act (403. S. ” Riparian rights include the rights of ingress, egress, boating, bathing, fishing and even the right to […] Aug 16, 2023 · FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION The Submerged Lands and Environmental Resources Coordination Program (SLERC) is responsible for the implementation of the state’s Environmental Resource Program (ERP). 201 has language describing a preservation of common law riparian rights, it does not actually operate to preserve the rights at issue in Access Florida's survey data, mapping resources, and high-resolution aerial images for comprehensive geographical information. Riparian rights may conflict with each other, and an order of priority is implied in court decisions. Although section 161. As a result, a subset of real property law has emerged to address what is called “riparian rights. Florida Department of Transportation (“FDOT”) appeals the trial court’s final declaratory judgment finding that appellee Lauderdale Boat Yard (“LBY”) had riparian rights of access to the South Fork of New River. Riparian Rights Attorneys in Florida. Learn how riparian rights and responsibilities impact landowners and conservation. The Department relied on section 161. 005(3), F. 201 to rule that the landowners’ riparian rights are not affected by its final order. Provide a $712. Jun 19, 2025 · Explore the legal framework for Florida waterfront property, from the extent of private ownership to the balance between an owner's rights and public interests. ” FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF SURVEY AND MAPPING Guidelines for Allocation of Riparian Rights The 1985 and 2009 Studies In 1985 and again in 2009, the Bureau of Survey and Mapping sponsored a study of the effect of shoreline and channel geometry on the division of riparian rights. The trial court found that LBY’s riparian rights either attached at their boatlift seawall or alternatively attached at the boundary between two submerged An Administrative Law Judge (ALJ) with the Division ofAdministrative Hearings (DOAH) on August 31 , 2020, submitted a Recommended Order (RO) to the Department of Environmental Protection (DEP or Department) in the above-captioned administrative proceeding. 1956). A. ] Exempt Docks - In Canals and Outside OFW [403. A copy ofthe RO is attached hereto as Exhibit A. Exempt Docks - In OFW (Outstanding Florida Waters) [403. This study was prepared by Dr. There, the Florida Supreme Court recognized a problem without a neat answer: The shoreline is rarely straight. Understand legal protections for water use, shoreline access, and ecosystems. General Information for Projects Requiring a Letter of Consent to UseState -owned Submerged Lands (include with the application onadditional sheets) Provide evidence of title to the subject riparian upland property in the form of a recorded deed, title insurance or legal opinion of title which includes riparian rights. 9325 (7), F. Call today 772. 2d at at 801. Dec 14, 2017 · Regulates activities that occur on state-owned, or sovereign submerged lands Florida Constitution, Article X, Section 11: “The title to lands under navigable waters, within the boundaries of the state, which have not been alienated including beaches below the mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. ] Up to 500 square feet of over-water surface area One private dock (non-commercial) May be subject to Aquatic Preserve design criteria [18-20, F. e. C. Show the riparian lines; Include a legal description of the preempted area to be leased; and For those lease applications in the Florida Keys, indicate the water depths referenced to mean low water within the lease area and out to the navigation channel. The final chapter of this paper provides an overview of potential legal remedies available to waterfront owners seeking to enforce or protect their riparian rights and curing violations of riparian rights by a neighboring property owner. 286. Jan 25, 2008 · KLINGENSMITH, J. David Gibson, Associate Professor at the University of Florida. This matter is now before the Secretary ofthe Nov 7, 2019 · Thus, if you want to know if the land below the water adjacent to a property is owned by the State of Florida and the uplands MOST LIKELY enjoys Riparian rights AND there is an existing dock then all one do is to look at the dock permit granted by DEP. See Hayes, 91 So. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law. The first section defines the general nature of riparian rights. Except as provided herein, all structures, including mooring pilings, breakwaters, jetties and groins, and activities must be set back a minimum of 25 feet inside the applicant’s riparian rights lines. Please provide evidence of title to the subject riparian upland property in the form of a recorded deed, title insurance, which includes riparian rights, or other legal documentation (i. The third section explains how riparian rights are determined and the final section deals with the remedies available for curing alleged violations Feb 26, 2013 · The 1985 and 2009 Studies In 1985 and again in 2009, the Bureau of Survey and Mapping sponsored a study of the effect of shoreline and channel geometry on the division of riparian rights. Bowman, 91 So. Hayes v. Riparian lines and riparian rights area: The generally accepted methodology used by surveyors for determining riparian rights lines is to project from an applicant's upland property boundaries into the waterbody, generally perpendicular to the thread of the waterbody or the nearest limit of a channel, and thus generally ignoring the direction The Grantor specifically reserves its riparian rights of swimming, wading, and fishing, and, to the extent consistent with this Conservation Easement, its riparian right of boating. Florida Department of Environmental Protection, 560 U. Sovereignty submerged lands include, but are not limited to, tidal lands, islands, sandbars, shallow banks and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally influenced waters. The second section details the specific rights included within riparian rights. Mar 31, 2025 · Florida Land Surveyor Expert Services Florida’s riparian rights represent a complex interplay between property ownership, historical legal traditions, environmental protection, and shared resources. 813(1)(b) and (i), F. 7372 for a free consultation. No party filed exceptions to the ALJ's RO. The state of Florida acquired title to sovereignty submerged lands on March 3, 1845, by virtue of statehood. Aug 19, 2025 · This paper’s goal is to provide a general overview of the status of riparian rights in Florida with an emphasis on more recent developments in the law over the past decade. 702 (2010), which applied the doctrine in the context of artificial improvements to an eroded shoreline made during a beach nourishment project. 2d 795 (Fla. (1) Riparian rights are those incident to land bordering upon navigable waters. 813(1)(b), F. Exceptions to the setbacks are: private residential single-family docks or piers associated with a parcel that has a shoreline The land to which the owner holds title must extend to the ordinary high watermark of the navigable water in order that riparian rights may attach. 66 easement processing fee payable to the Department of Environmental Protection. Extensive experience in resolving Florida riparian rights disputes and waterfront property disputes. The purpose of this paper is to provide a general overview of the state of riparian rights in Florida. The research was intended to analyze existing methods for making allocations of riparian rights together with a Explore riparian rights, laws, and regulations for docks, marinas, and waterfront properties in Florida. vau7jg2 oskwno 2n3 2ccj x1 4lzvwm 9es 3vmui8tgd ggv 0etuu