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* Coastal Construction Regulations Through the currently proposed site plan, the applicant is proposing to locate a portion of the proposed building seaward of the 1987 CCCL and landward of the 1981 CCCL . The proposed location will be seaward of the existing home to the north ( residence built in 1990's ) , but landward of the existing homes to the south (Summerplace residences built in the 1970s) . The Department of Environmental Protection (DEP) regulates construction seaward of the 1987 CCCL . County regulations prohibit construction of residences ( but do allow beach accesses ) seaward of the 1981 CCCL, and the site plan complies with these county regulations . The applicant will be required to obtain a construction permit from the DEP , and that permit will determine how far east ( seaward ) the proposed building will be allowed to project beyond (seaward of) the 198 ; CCCL . Prior to site plan release , the applicant will be required to obtain the DEP permit for all construction seaward of the 1987 CCCL . Since the early eighties , the State of Florida has regulated coastal construction in Indian River County. In 1981 , the State Department of Natural Resources (DNR) established the county ' s first coastal construction control line . That line was revised, and in many cases moved significantly landward, in 1987 . Both the 1981 and 1987 lines were established as lines of regulation . Seaward of those lines , the Department of Environmental Protection (DEP ) , successor agency to DNR. regulates all construction activity . While DEP does not pre-empt local regulation seaward of the CCCL , construction in that zone is not allowed unless permitted by DEP . The county ' s land development regulations (LDRs) address coastal construction, dune vegetation , sea turtle protection, and similar environmental regulations on oceanfront parcels. For instance, the county has designated the 1981 CCCL as the county ' s Dune Stabilization Setback Line (DSSL ) and has prohibited construction seaward of that line except for certain structures such as dune crossovers . County staff has verified that the proposed project meets the county ' s DSSL requirements . In addition to the DSSL regulation, county ordinances address the 1987 CCCL , which is located landward of the 1981 CCCL (DSSL) . LDR section 932 . 06 (3 ) states that, in regard to development seaward of the 1987 Coastal Construction Control Line (CCCL) , ". . . the FDNR [staff note : now D . E . P . ] and Indian River County may permit construction activity" (see attachment #3 ) . Because LDR section 932 . 06(3 ) states that the county may permit construction activity seaward of the 1987 CCCL , the county appears to have the discretion to not approve such construction . Consequently, both DEP and the county have regulatory authority and discretion regarding construction activities seaward of the 1987 CCCL . In the past, it has been county policy to let the DEP determine the extent to which a proposed structure may project seaward of the 1987 CCCL and the type of construction and conditions it must meet in order to be so located. This policy of deferral to the DEP has been applied to single-family structures as well as construction proposed as part of site plan, PD, and subdivision projects . The policy is predicated on the DEP ' s expertise in the review and permitting of coastal structures and the county ' s comparative lack of expertise in such matters . In terms of county project reviews, the policy requires DEP approval prior to site plan release for site plan projects, and prior to county building permit issuance for single- family homes . At a meeting subsequent to its initial review of the Boston Homes/Orchid Dunes appeal, the Board of County Commissioners discussed the CCCL regulations in general . At that meeting, the Board heard from citizens and experts and acknowledged the technical basis for state CCCL regulations . The Board then directed staff to continue to implement the county ' s policy of deferring to DEP regarding applications for construction seaward of the 1987 CCCL . Furthermore, the Board directed staff to coordinate with DEP on analyzing and possibly re-defining the CCCL in critically eroding areas of the county . Since that time, the county ' s coastal engineer has been coordinating with the DEP . JANUARY 16 , 2001 8K I El PG 7 3 8 - 24 -