The statewide layers over a Florida marina
A Florida marina is approved on land and on the water. The upland program (dry stack, ship store, fuel dock, parking, buffers) goes through county or city zoning and a development order. The water side answers to the state and federal layers below, and each one fixes something you draw on the preliminary site plan. The marina site plan hub covers the program itself; this page covers what is particular to Florida.
| Layer | Who decides | Instrument | What it fixes on the plan |
|---|---|---|---|
| Sovereign submerged lands lease | Board of Trustees, through the FDEP Division of State Lands | Rule 18-21, F.A.C.; s. 253.0346, F.S. [1, 7] | Lease area over state-owned bottom; the share of slips open to the public |
| Environmental Resource Permit | FDEP or the water management district | Ch. 62-330, F.A.C. [8]; $14,000 individual permit fee for a marina with more than 30 new slips [6] | Wetlands, docks and stormwater |
| Manatee protection | County Manatee Protection Plan; FWC state zones; federal areas | County plan; Rule 68C-22.005, F.A.C.; 50 CFR 17.108(c) [2, 9] | The slip count, racks included where the county counts them |
| Federal permit | USACE Jacksonville District | Rivers and Harbors Act s.10; Clean Water Act s.404 [10] | The in-water work, permitted alongside the state |
| Fuel storage and fire | FDEP; State Fire Marshal | Rule 62-762, F.A.C., aboveground tanks over 550 gallons [11]; NFPA 303, 2021 edition, through the Florida Fire Prevention Code, 8th Edition [12, 13] | Where the tanks and fuel dock sit on the plan |
| Development order clock | Counties and cities | F.S. 125.022 and 166.033, as rewritten by SB 1080 [3] | How long review of a complete application may take |
| Post-hurricane freeze | State law over counties and cities | Ch. 2025-190, Laws of Florida (SB 180), s. 252.422, F.S., now in litigation [14] | Which local rules can tighten after a storm |
| High-Velocity Hurricane Zone | Miami-Dade and Broward | Florida Building Code, Building, Sec. 1620 [4] | Wind design of the dry stack and upland buildings |
Development order clocks under SB 1080
SB 1080 (ch. 2025-177) rewrote the county (F.S. 125.022) and municipal (F.S. 166.033) timeframes and refunds, and it took effect October 1, 2025 [3, 15]. Once a marina application is complete, the local government runs on these deadlines:
| Step | Deadline under F.S. 166.033 (2025) |
|---|---|
| Confirm receipt | 5 business days [3] |
| Completeness review | 30 days [3] |
| Applicant cure of deficiencies | 30 days [3] |
| Decision, no hearing | 120 days after the application is deemed complete [3] |
| Decision, quasi-judicial or public hearing | 180 days after the application is deemed complete [3] |
| Clock restart | An applicant change of 15% or more in density, intensity or square footage [3] |
| Refunds | 10% for late completeness, 10% for a late re-review, 20% for a late second re-review, 50% for a decision within 30 days after the deadline, 100% at 31 days or more late [3] |
The clocks do not apply in areas of critical state concern (F.S. 380.0552) [16]. "Development permit" and "development order" carry the F.S. 163.3164 meanings and "do not include building permits" [3]. A local government "may not require as a condition of processing or issuing a development permit" that the applicant first obtain a state or federal permit, unless the agency has issued a final denial (F.S. 166.033(7)) [3], so the county review and the state ERP can run side by side. For applications "certified by a professional listed in s. 403.0877", F.S. 166.033(3) caps requests for additional information at three [3]. Two drafting points follow: the plan should meet the jurisdiction's written minimum information list (F.S. 166.033(1)) [3], and the slip and rack count should be settled before filing, because a 15% change restarts the clock [3].
Sovereign submerged lands: the lease under the docks
Where the docks sit over state-owned submerged land, the state charges for that area under a lease. FDEP's state lands guidance and Rule 18-21.011 set the terms [1, 7]:
| Lease item | Figure | Source |
|---|---|---|
| Base rate | $0.156623 per sq ft per year, a five-year CPI average updated each March 1 | [1] |
| Formula | 6% of annual income, base fee or minimum fee, whichever is greater | [1, 7] |
| Minimum annual fee | $423.89 effective March 1, 2007, adjusted annually (18-21.011(1)(b)4.) | [17] |
| Annual increase cap | 10% | [7] |
| Clean Marina discount | 10% | [1] |
| Public access discount | 30% if 90% or more is open to the public first come, first served | [1] |
| Term | 5 years standard; 10 years if 90% public; up to 25 years under 18-21.008(2)(a) | [1] |
| New lease surcharge | 25% first-year surcharge on new lease area (18-21.011(1)(b)3.) | [18] |
| Sovereign material severance | $1.25 per cubic yard (18-21.011(3)(a)3.) | [18] |
FDEP describes the lease as "multi-level review" and publishes no fixed clock [1].
Two of those terms are layout decisions. The public share of the slips sets both the discount and the lease term, so the slip schedule on the plan should say which slips are first come, first served. The base fee is charged per square foot, so whenever it is the greater figure, the dock and slip footprint over state bottom drives the rent.
The Clean Marina designation is voluntary, and FDEP also runs a "Clean and Resilient" tier [19]. Designation requires 100% of regulatory requirements and at least 60% of best management practices [20], and it earns the 10% lease discount under s. 253.0346(3)(a)1. [1].
Sequence matters. In Lee County, Sec. 26-45(b)(7) requires copies of state and federal permits "unless a submerged lands lease is required from the state department of environmental protection, in which case county approval is required first" [2]. The county-approved plan is the drawing the lease application follows.
Environmental Resource Permit and the federal permit
The state Environmental Resource Permit under Chapter 62-330, F.A.C., covers wetlands, docks and stormwater, and it is issued by FDEP or the water management district (FDEP or the South Florida Water Management District in the Lee County path) [8]. FDEP takes the ERP and the sovereign submerged lands lease on one joint application, Form 62-330.060(1) [21]. Its published ERP fees scale with the slip count: $14,000 for an individual permit for a marina with more than 30 new slips, $1,500 for 10 to 29 slips, and $250 for a general permit determination [6]. The federal permit runs under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, through the USACE Jacksonville District; Lee County projects go to its Fort Myers Section [10].
For the preliminary plan, these permits set constraint lines rather than geometry you choose. The plan carries the wetland and seagrass lines from the surveys, the dock and slip layout, and the footprint reserved for stormwater. The stormwater system, utilities and tank systems are designed by the engineer of record, and the construction drawings are sealed by a professional engineer or registered architect [2].
Manatee protection: the slip count
Where a county has a Manatee Protection Plan, the plan's siting strategy caps the slip count before the water depth or the upland area does. Three layers apply:
- County plan. Lee County works from its 2004 Manatee Protection Plan [22], dated June 17, 2004, approved June 29, 2004 and incorporated into the Lee Plan on May 16, 2007 through CPA 2005-41 [23], with transfers of slip credits under Administrative Code 13-21 [24].
- State zones. FWC manatee protection zones under Rule 68C-22.005, F.A.C. [9].
- Federal areas. Manatee protection areas under 50 CFR 17.108(c) [9].
Lee County's definitions widen the cap. A slip includes "wet or dry slips, anchorage, beached or blocked, hoist, parked on trailers, open or covered racks, seawall or the number of parking spaces for boat ramps" (LDC 26-41) [2]. Shoreline "artificially created after October 24, 1989 through dredge and fill activities" does not count [2]. Sec. 26-45(i) bars any permit that changes a configuration "in a manner not consistent with the terms and conditions of the Manatee Protection Plan" [2], and LDC 26-78 requires marina locations to be consistent with Lee Plan Objective 128.4 and its implementing policies, the Manatee Protection Plan and Administrative Code 13-21 among them [2]. Under AC-13-21, "the calculation for the maximum number of Slips that can be constructed on site is rounded up to the nearest whole number, while the maximum number of Slips that can be transferred is rounded down" [24].
The design consequence: in Lee County a dry stack does not sit outside the cap. The site data table tabulates wet slips, dry racks and ramp parking together against one allowance.
SB 180: the post-hurricane freeze, now in litigation
Chapter 2025-190, Laws of Florida (CS/CS/SB 180), created s. 252.422, F.S., and the law is now being challenged in court. For one year after a hurricane's landfall, it bars "impacted local governments" (counties in a federal disaster declaration wholly or partly within 100 miles of the storm track, and their municipalities) from moratoria, from more restrictive comprehensive plan or land development regulation amendments, and from "more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit, or development order" [14]. The law also bars raising building permit or inspection fees for 180 days after a hurricane emergency declaration [14].
The challenges: on September 29, 2025, 25 local governments sued in Leon County Circuit Court, and 1000 Friends of Florida and an Orange County resident filed a second suit in October 2025 [25]. Orange County, one of the plaintiffs, says the law "has effectively invalidated Vision 2050 in its entirety" [26]. For a marina in an impacted county, check at pre-application whether a local moratorium or a new site plan procedure on the agenda falls inside the one-year window [14].
Wind and flood: the upland buildings in South Florida
Miami-Dade and Broward are Florida's High-Velocity Hurricane Zone. FBC Building Sec. 1620.1 requires design under ASCE 7 Chapters 26 through 31, and Sec. 1620.3 states: "All buildings and structures shall be considered to be in Exposure Category C, unless Exposure Category D applies" [4]. The design wind speeds (3-second gust), as published in the 7th edition (2020) table [4, 5]:
| Risk Category | Miami-Dade | Broward | Edition |
|---|---|---|---|
| I | 165 mph | 156 mph | 7th edition (2020) |
| II | 175 mph | 170 mph | 7th edition (2020) |
| III | 186 mph | 180 mph | 7th edition (2020) |
Sec. 1620.5 also requires utility sheds in the zone to resist at least 15 psf [4]. The engineer of record designs the dry stack, the ship store and any covered racks to the current edition's speeds. The preliminary plan fixes their footprint, height and position on the site.
Flood elevation is a site plan input. Miami-Dade Chapter 11C-5 requires lowest floors, attached garages and machinery at "base flood elevation plus freeboard", and freeboard is the stricter of 1 ft above base flood elevation or the Florida Building Code minimum [27, 28]. The City of Miami requires base flood elevation plus 1 ft (Chapter 20) [29]. Inland, Orange County Sec. 34-250 sets the minimum lowest floor at least 1 ft above base flood elevation for development in special flood hazard areas [30]. On the Gulf coast, Lee County requires substantially damaged or improved buildings to comply, "including elevating not just to BFE but also to Freeboard", and substantial improvement is a cost that "equals or exceeds 50% of the market value of the structure" [31]. That rule reaches a marina redevelopment whose upland buildings cross the 50% line.
The local layer: Lee County
Lee County is the documented Florida marina jurisdiction, with current rules in Land Development Code Chapter 26 (Ordinance 22-24, adopted September 6, 2022) [2] and marina approval records from 2025 and 2026. The points that differ from other Florida counties:
- Route. Large projects need planned development zoning as "Developments of County Impact", and the county states that the average planned development rezoning takes 9 months, depending on how complete the application is [32]. On planned development rezonings the Hearing Examiner recommends and the Board of County Commissioners decides; on conventional rezonings, special exceptions and variances the Hearing Examiner decides [33]. The cities of Fort Myers and Fort Myers Beach run their own processes [33].
- Published fees. A Development Order costs $3,000 plus $60 per acre, a Development Order amendment $775 and a resubmittal $435 (the first is free); an administrative deviation costs $400 plus $75 for each additional one, and a variance $700 [34].
- Sealed and unsealed stages. The informal pre-application meeting accepts a "conceptual plan", and every Development Order plan is "signed and sealed" (LDC 10-102) [35].
- Dock geometry. Marina docks sit 25 feet off adjoining side lot lines (LDC 26-71(d)(1)), boat ramps 10 feet (LDC 26-71(d)(5)), in at least 4 feet of water at mean low water with 1 foot of keel clearance (LDC 26-71(f)(2)), and new or expanded seawalls are not allowed on natural waterbodies (LDC 26-75(b)(2)) [2]. Marine structures are not subject to the 25 ft waterbody setback (LDC 26-47) [2].
- Hearing exhibits. A request for a dock departure needs a dimensioned plan view, scaled architectural elevations showing the proposed height above mean high water, and a benthic species survey assessment (LDC 34-202(b)(5)d.4) [2].
- Overlay. Lee Plan Policy 1.6.4: "The Water-Dependent Overlay zone designates shoreline areas where priority will be granted to water-dependent land uses" [36].
- Survey window. A benthic survey counts only if it is conducted April 1 to October 31 (LDC 26-41) [2].
- Mangroves. Three are planted for each one removed, with 80 percent survival for 5 years and 3 ft spacing on center (LDC 26-77(b)(2)) [2].
- Development Order items specific to marinas. An Emergency Preparedness Plan is required for marinas and multi-slip docks (LDC 10-154(21)); a Tall Structures Permit comes from the Lee County Port Authority in airport obstruction zones (LDC 10-154(13)); community plans such as North Fort Myers require a public information session before the Development Order; and sites over 10 acres or with more than 2 acres of impervious area need a FLUCCS map and a protected species survey (LDC 10-154(14), 10-473) [35].
- Outdoor storage screening. Commercial outdoor storage sits behind a continuous visual screen at least 8 ft high where it is visible from a residential use or district, and 6 ft high where it is visible from a street (LDC 34-3005) [37].
- Live-aboards. A marina that moors live-aboard vessels with onboard sewer systems needs public restrooms with sewage disposal and bathing facilities and a county approved pump-out system (LDC 26-116(a)) [2].
- A municipal dry stack record. In Fort Myers Beach, the Town Council approved the post-Ian rebuild of Loggerhead Fish-Tale Marina on August 18, 2025, with dry storage for 434 boats (from 441) in 68,000 sq ft, as reported [38].
The Lee County marina model project sets out the full approval path, the standards, the comparable approvals and the site data table. This page does not repeat them. Other Florida model projects sit in the case studies index.
Land-side boat storage elsewhere in Florida
Not every Florida boat storage program is a marina. Two Florida codes show how dry boat storage is placed on land:
- Jupiter. Under Code Chapter 27, Division 39, RV and dry boat storage is accessory to a self-service storage facility only in the WP, WPL, I-1 and I-2 districts, in a designated area shown on the site plan, and unit doors in multi-access facilities may not face abutting residential property [39].
- Lake County. CUP-16-06-5 renewed a conditional use permit for Harbor Hills RV and Boat Storage in an Agriculture district; the new permit is valid for five years from the ordinance date, and the prior one expired May 12, 2008 [40].
Boat storage site plans cover the layout of that program; RV and boat storage site plans cover combined yards.
The metros: Tampa, Miami and Jacksonville
The metro codes below set the site plan process. We cite no marina-specific use standard for these three metros, so the marina use rule is read from the parcel's zoning district at pre-application.
In Hillsborough, Development Services handles "all of unincorporated Hillsborough County"; zoning comes first, then site and subdivision engineering review [41]. The county issues the Site Development Plan together with a Natural Resources Permit [42].
| Metro | Governing code | What it means for a marina plan |
|---|---|---|
| Tampa (unincorporated Hillsborough) | LDC Part 10.01.00; DRPM Sec. 4.1.5 [42] | Preliminary Site Development Plan optional and can be waived [42]; agencies review in 20 working days, the DRC meets within 9, resubmittals take 10 [43]; EPC fee $460 at preliminary, $710 at construction plan [44] |
| Miami | FBC Sec. 1620; Miami-Dade Ch. 11C; City of Miami Ch. 20 [4, 27, 29] | HVHZ wind design and freeboard, as above |
| Jacksonville | Consolidated City of Jacksonville zoning code, Ch. 656 [45] | One zoning code across the consolidated city |
All three run on the SB 1080 decision clock of 120 days, or 180 days with a hearing, once the application is complete [3].
What the preliminary plan carries, and what the engineer of record adds
| Item | Preliminary site plan | Engineer of record and others |
|---|---|---|
| Slip layout and count, wet and dry, racks tabulated (LDC 26-41) [2] | Yes | County manatee slip determination |
| Riparian lines and channel width | Drawn from the survey | Surveyed riparian lines (PSM) |
| Dock plan view and elevations above mean high water (LDC 34-202(b)(5)d.4) [2] | Plan view and massing elevations | Benthic survey (biologist); sealed elevations |
| Upland program: dry stack, ship store, fuel dock, parking, buffers | Yes | Refined at the development order |
| Wetland, seagrass and protected species constraints | Constraint overlay | Ecologist |
| Stormwater, utilities, tanks | Footprints only | Engineer of record |
| Development Order site plan: buildings, travel ways, parking (LDC 10-154(7)) [35] | Layout, parking and yield tables | Signed and sealed final (LDC 10-102) [35] |
| Construction drawings | No | Sealed by a PE or registered architect (Lee Sec. 26-45(c)) [2] |
| As-built survey | No | PSM, sealed (Lee Sec. 26-45(d)(3)) [2] |
The plans are preliminary, and engineering is done by your engineer of record, who takes the plan as the program and builds the sealed set on it. For hearings where dry stack height is the question, the 3D rendering service ties the views to the plan. Background reading: marina development and its permitting stack and USACE, coastal zone and municipal overlay requirements. Other Florida pages: the Florida state page, RV park site plans in Florida and car wash site plans in Florida. To start a Florida marina plan, send the site.
Frequently asked questions
Do I need a state lease to build a marina in Florida?
Do dry stack racks count against a manatee slip cap?
In Lee County, yes. LDC Sec. 26-41 defines a slip to include "open or covered racks", so a dry stack draws on the same Manatee Protection Plan allowance as the wet slips [2].
Can a Florida county make me get my ERP before it processes the site plan?
No. Under F.S. 166.033(7), a local government may not require a state or federal permit as a condition of processing or issuing a development permit unless the agency has issued a final denial, so the county track and the ERP can run in parallel [3]. Lee County still requires county approval before a state submerged lands lease [2].
Can a Florida county adopt a new marina moratorium right now?
What wind speed governs a dry stack building in Miami-Dade?
Is the Florida Clean Marina designation required?
Which rules apply to a marina fuel dock in Florida?
How long does a Florida county have to decide on a marina development order?
Under SB 1080, 120 days after the application is deemed complete, or 180 days if a quasi-judicial or public hearing is required, with fee refunds of 10% to 100% when deadlines are missed [3].
Sources
- 1)FAQ: Use of State-Owned Land, Florida Department of Environmental Protection. Accessed 2026-10-09.
- 2)Lee County Ordinance No. 22-24, amending the Land Development Code (Chapters 26 and 34), Lee County Board of County Commissioners. Accessed 2026-10-09.
- 3)Chapter 166, Section 033, 2025 Florida Statutes, The Florida Senate. Accessed 2026-10-10.
- 4)High-Velocity Hurricane Zones, Florida Building Code, Building, Chapter 16, Florida Building Commission. Accessed 2026-10-09.
- 5)Building Design Wind Limits vs. Hurricane Wind Categories, Florida International University, Facilities. Accessed 2026-10-09.
- 6)BIPP Fees (JCP and ERP), Florida Department of Environmental Protection. Accessed 2026-10-10.
- 7)Fla. Admin. Code Ann. R. 18-21.011, Payments and Fees, Florida Administrative Code (via Cornell LII). Accessed 2026-10-09.
- 8)Chapter 62-330, Florida Administrative Code (state Environmental Resource Permit rule), Florida Department of Environmental Protection.
- 9)Manatee Data and Maps, Florida Fish and Wildlife Conservation Commission. Accessed 2026-10-09.
- 10)Rivers and Harbors Act, Section 10, and Clean Water Act, Section 404, United States Congress.
- 11)Fla. Admin. Code Ann. R. 62-762.301, Applicability (Aboveground Storage Tank Systems), Florida Administrative Code (via Cornell LII). Accessed 2026-10-09.
- 12)Fla. Admin. Code Ann. R. 69A-3.012, Standards of the National Fire Protection Association and Other Standards Adopted (Division of State Fire Marshal), Cornell Legal Information Institute. Accessed 2026-10-10.
- 13)Florida Fire Prevention Code (FFPC), Florida Department of Financial Services, Division of State Fire Marshal. Accessed 2026-10-10.
- 14)SB 180, 2025 Bill Summaries, The Florida Senate. Accessed 2026-10-09.
- 15)SB 1080, 2025 Bill Summaries, The Florida Senate. Accessed 2026-10-10.
- 16)The 2025 Florida Statutes, Section 166.033, Florida Legislature. Accessed 2026-10-10.
- 17)Rule 18-21.011, Payments and Fees (Board of Trustees of the Internal Improvement Trust Fund), Florida Administrative Code (via eLaws). Accessed 2026-10-10.
- 18)Agenda, Board of Trustees of the Internal Improvement Trust Fund, December 17, 2024, Florida Department of Environmental Protection. Accessed 2026-10-09.
- 19)Clean Marina Program, Florida Department of Environmental Protection. Accessed 2026-10-09.
- 20)Clean Marina: Steps to Designation, Florida Department of Environmental Protection. Accessed 2026-10-09.
- 21)Form 62-330.060(1), Section F, joint application, Florida Department of Environmental Protection. Accessed 2026-10-10.
- 22)Manatee Protection Plan, Lee County Natural Resources. Accessed 2026-10-09.
- 23)Lee County Ordinance No. 09-23, amending the Land Development Code, Lee County Board of County Commissioners. Accessed 2026-10-10.
- 24)Administrative Code AC-13-21, Lee County Board of County Commissioners. Accessed 2026-10-09.
- 25)Reports on the SB 180 lawsuits, September 30 and October 8, 2025, Central Florida Public Media.
- 26)Orange County press release on the SB 180 lawsuit, October 2025 (newsroom.ocfl.net), Orange County, Florida. Accessed 2026-10-10.
- 27)Memorandum, Agenda Item No. 5(N), Legislative File 221333 (2022), Miami-Dade County. Accessed 2026-10-09.
- 28)Legislative Matter 221333, Miami-Dade County. Accessed 2026-10-09.
- 29)Code of Ordinances, Chapter 20, Flood Damage Prevention, City of Miami (via Municode). Accessed 2026-10-09.
- 30)Code of Ordinances, Chapter 34, Article VII, Stormwater Management, Sec. 34-250, Orange County, Florida (via Municode). Accessed 2026-10-10.
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- 36)The Lee Plan, as amended through December 2025, Lee County. Accessed 2026-10-09.
- 37)Land Development Code Sec. 34-3005, Storage facilities (Lee County), eLaws. Accessed 2026-10-10.
- 38)Fort Myers Marina Approved for Repairs, Upgrades, Toy Storage Nation. Accessed 2026-10-10.
- 39)Code of Ordinances, Chapter 27, Division 39, Self-Service Storage Facilities (Town of Jupiter), Municode. Accessed 2026-10-10.
- 40)Conditional Use Permit Staff Report, CUP-16-06-5, Harbor Hills RV Storage, Lake County Planning and Zoning Division. Accessed 2026-10-10.
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- 43)Development Review Procedures Manual Sec. 4.1.5.1.2, Site Development Construction Plan Review, Hillsborough County. Accessed 2026-10-09.
- 44)Site Development Process Fees, Hillsborough County. Accessed 2026-10-09.
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