Nearshore Construction

NOAA's Office of National Marine Sanctuaries issues permits to authorize activities that are typically prohibited by Florida Keys National Marine Sanctuary regulations, which are outlined in the Code of Federal Regulations (CFR) at Title 15 Part 922 Subpart P. While certain coastal construction activities are exempt from sanctuary regulations, many are not, and need permission from the Office of National Marine Sanctuaries.

These construction activities almost always require a permit from other regulatory agencies with authority over coastal construction, such as the Florida Department of Environmental Protection, South Florida Water Management District, and the U.S. Army Corps of Engineers. The Office of National Marine Sanctuaries can issue authorizations for activities that are otherwise prohibited, as long as these activities are explicitly allowed by a valid lease, permit, license, approval, or other authorization. An Office of National Marine Sanctuaries authorization is a form of approval that carries the same regulatory authority as a general permit. The Office of National Marine Sanctuaries also has the option to issue a general permit to approve coastal construction projects. Special terms and conditions outlined in sanctuary permits and authorizations ensure that approved projects are allowed to occur with minimal negative impact on the sanctuary.

Authorizations and permits ensure compliance with federal law under the National Marine Sanctuaries Act and regulations such as 15 CFR § 922.163.

Common Construction Activities That Require Authorization

Below is a list of common construction activities that require an authorization or general permit. This is not an exhaustive list. An authorization or permit may still be necessary from the Office of National Marine Sanctuaries for other proposed activities.

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

How to Submit Nearshore Construction Projects

Applications for nearshore construction authorizations or permits are typically forwarded to Florida Keys National Marine Sanctuary by state or federal regulatory agencies. However, there have been changes to this process that may require applicants to submit construction projects directly to the sanctuary.

I received an Army Corps of Engineers permit – Can I begin construction?

Entities that have been issued an Army Corps of Engineers nationwide permit or general permit must submit their application materials to Florida Keys National Marine Sanctuary to determine if their project requires sanctuary authorization. However, for a project to be added to the queue for the sanctuary's review, it must be complete (see below). If a submission is not complete, it will not be added to the review queue.

What is considered a complete submission?

All inquiries and applications for nearshore construction authorizations must be submitted to fknms.authorizations@noaa.gov. All items listed below should be included in a single email correspondence. If all items are not included at initial contact, then the sanctuary will not include it in the review queue.

A complete submission contains the following items:

1. Project plans
2. State approval
1. For example, a verification of exemption from the Florida Department of Environmental Protection or an Environmental Resource permit from the South Florida Water Management District.
3. A benthic resource assessment survey, if applicable
1. Many construction activities may require a benthic survey to assess the impacts on sanctuary resources. For example, if a project's proposed activities involve the repair and/or installation of docks or seawalls, the sanctuary will likely request a benthic survey.
4. Federal approval, if applicable
1. For example, an Army Corps of Engineers permit.

Note: If the attached files are larger than 20 MB, please email fknms.authorizations@noaa.gov  with the subject line "Request Link for File Upload".

Benthic Resource Assessment Surveys

Nearshore areas where construction may be proposed commonly contain sensitive marine species and habitats. For proposed construction work, Florida Keys National Marine Sanctuary generally requires applicants to submit a complete and accurate benthic resource assessment survey with the project application materials. Information provided in the resource survey enables sanctuary managers to assess the level of impacts from any given activity and recommend terms and conditions to avoid, minimize, and/or mitigate impacts to sanctuary resources resulting from 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).

IMPORTANT: If prohibited activities will be undertaken during the course of the survey (e.g., placing transect lines to quantify resources), then the resource survey must be completed by a qualified biologist who holds the necessary sanctuary permit.

Questions and Complete Submissions

All inquiries and applications for nearshore construction authorizations should be submitted to fknms.authorizations@noaa.gov.