Can I Build on Florida Wetlands?

For potential buyers of vacant land in Florida, wetlands are just a reality you’re going to have to face. I can’t tell you how many new shoppers I speak with, declare that if the property contains one square foot of wetlands, they want nothing to do with it. Don’t be afraid of wetlands on vacant land in Florida. Before you pass up on what could be a great deal, keep in mind that plenty of homeowners found ways to build beautiful homes while still respecting Florida’s rich wetlands.  Let me be clear – I do not advocate bulldozing mother nature’s natural drain fields to put up your RV’s parking pad. However, I’ll walk you through the process of evaluating wetlands and collaborating with your architect and contractors to work with nature That way, you can find your perfect property and lawfully coexist in Florida’s natural habitat.

Step 1: Find out about the property soil types, floodplains, wetlands and existing vegetation

When you find that perfect location, be sure to ask about the property soil types, floodplains, wetlands and existing vegetation as all of these factors will influence future design decisions. Although most Florida municipalities provide wetland and floodplain information in public records, a survey will most accurately delineate these zones. Here is what you should do to make good decisions before building or buying property that is within Florida’s wetlands.

1. Research the zoning or land use from the county’s property appraisers website. While each county is a bit different, words like “wasteland,” “wetland,” “low-lying,” or “flood zone” are key indicators that you might need to do a bit more research. And don’t just go by the numbers: a two-acre property might have a full acre of high and dry land, but that won’t mean much if that acre is the sum of small patches scattered here and there.
2. Check the wetland maps to get a general idea of the boundaries. Inventory maps like the ones available from the US Fish & Wildlife Service create and display wetland and flood zone maps. These maps are based on aerial views of water and vegetation that flourish in wet soils.
3. Pick a surveyor to draw official boundaries. A wetland survey typically costs about $300 per acre. The seller may ask you to deposit money into escrow before you begin running all sorts of tests on his/her property. While is common to request a deposit refund if the property does not  pass inspection, clarify this stipulation before you put your money in the game.

Step 2: Learn the basic of wetland regulations (note that regulations can be done by the three levels of the government-that is local, state and federal

1. Research land use for farm land. Visit Florida’s NRCS (National Resource Conservation Service) website to see if previous owners farmed the wetlands. Certain federal regulations can be applicable to farmed wetlands based on the farming history.
2. Get permits to build. Request permits from the Ranger Drainage district. In most cases, approval from the Ranger Drainage district will suffice for county-level approval, though there are some exceptions. Your contractor will help you navigate these waters.
3. Learn the ordinances for your municipality. See whether your planned activities are permitted, prohibited or only allowed in conditional circumstances. Aside from checking with the horde of government agencies, don’t forget to consult your home owner’s association’s rules and guidelines as well.

Step 3: Modify your project location or design if necessary

1. Make use a comprehensive checklist of laws that have effect on your property. Remember that there are times when you may be required to have permits from two or even more regulatory agencies. Again, your contractor should be able to help with this.
2. Look for alternative designs that avoid wetlands. The simplest way to improve a property with wetlands is just to build around it. Consider accessing your property from another road or orienting the building in another direction. Try building up versus out. These considerations will minimize the adverse impact to both mother nature and your wallet.
3. Consider alternative uses. When all else fails, you might have to pass on the opportunity to build. If you can’t alter the design to comply with the applicable regulations, consider alternative uses for the property. Paintball or dirt biking, anyone?

Step 4: Complete the permit applications process

While not for the faint of heart, the prospect of building near Florida’s rich wetlands is available. Find a great contractor or architect, follow the rules and most importantly, don’t cheat! These regulations were created to preserve our state’s natural ability to combat flooding, clean our water supply, and maintain a healthy ecosystem for all creatures that share this land. And violating permit requirements is not only illegal, but expensive. If you don’t like the permit fees, wait til you see the fines! 😉