If you live on the water in Merritt Island, shoreline projects like docks, seawalls, and mangrove trimming can boost your lifestyle and property value. The catch is that these projects touch protected resources and often need more than one permit. You want to do it right, avoid delays, and protect the lagoon you enjoy. In this guide, you’ll learn who regulates what, which permits you’ll likely need, how the process works, and smart options like living shorelines. Let’s dive in.
Who regulates shoreline work
State, federal, and county agencies may all review your project. Here’s the quick map:
- Federal: The U.S. Army Corps of Engineers regulates structures and any dredge or fill in navigable waters and waters of the U.S. Review their overview on permits and authorizations to see if your project applies. U.S. Army Corps regulatory program overview
- State: The Florida Department of Environmental Protection (DEP) oversees mangrove trimming and alteration under state law. In Brevard County, DEP retains this authority. DEP mangroves program
- County: Brevard County issues building permits for residential marine construction and performs environmental review. Start here for docks, seawalls, and boat lifts. Brevard County residential marine construction
Mangroves 101: what you can and cannot do
Mangroves are protected under Florida law. Limited trimming may be exempt if you follow specific height and location limits; many situations require a DEP general permit or an individual permit. Florida mangrove exemptions (403.9326)
- Exempt trimming has rules, including maintaining minimum heights, commonly not less than 6 feet, and limits on how much you can cut each year.
- Larger reductions, removal, or work outside exemption criteria typically requires a DEP permit and may require mitigation.
- Do not use herbicides on mangroves. That is prohibited.
Violations can lead to fines and restoration requirements, with higher penalties for repeat offenses. Florida penalties for violations (403.9332)
Docks and seawalls: likely permits
Most projects on Merritt Island involve at least a county permit and often DEP and Army Corps coordination.
Docks and lifts
- Brevard County residential marine construction permit with plans, survey, and environmental review.
- Army Corps review may apply where work affects federal waters or involves dredge or fill.
- If mangroves are present and trimming goes beyond exemptions, DEP authorization is required.
Seawalls, bulkheads, and riprap
- County construction permit and environmental review are required. Major repairs beyond 50 percent replacement are treated as new construction under county code. Brevard seawall code section
- State and federal permits may still apply depending on location and scope.
Dredging
- Maintenance or new dredging typically triggers DEP and Army Corps review. Expect proof of prior conditions and a spoil disposal plan.
Step-by-step permit path on Merritt Island
Follow this sequence to save time and avoid rework:
- Pre-check your site
- Confirm if mangroves, seagrass, or other sensitive resources are present. If unsure, request a pre-application consult with Brevard Environmental Resources Management. Brevard ERM and permitting
- Gather your documents
- Current survey, sealed plans if required, a plot plan showing projection into the waterway, and a turbidity control plan.
- County forms often include a Seawall & Dock Affidavit and Marine Turtle Protection Affidavit.
- Submit your applications
- Apply to Brevard County through its online system (BASS).
- If mangroves are affected beyond exemptions, file with DEP’s Central District.
- Coordinate with the Army Corps if your project is in navigable waters, involves dredge or fill, or the county or DEP directs you to do so.
- Respond to comments
- Expect iterative reviews and potential design tweaks, staging rules, or mitigation.
- Build and inspect
- Follow permit conditions during construction. County inspections and any required monitoring will occur.
- Close out
- Provide final documents or monitoring reports if required before final completion.
Timelines, costs, and mitigation
DEP must respond to certain general permit requests within statutory timeframes. One key example is a 30-day decision window for some general-permit notices. Complex, multi-agency projects can take several weeks to several months. General permit timelines (403.9327)
Permit fees vary by agency and project scope. If you impact mangroves or other resources, you may owe mitigation or monitoring. For living shorelines and water-quality benefits, you may find local help through Brevard’s Save Our Indian River Lagoon program. Save Our Indian River Lagoon
Why consider a living shoreline
A living shoreline uses native plants, oyster features, and sills to stabilize banks, support habitat, and filter nutrients. In the Indian River Lagoon, it is often a smarter, lower-impact option compared with a fully hardened seawall.
- Living shorelines can reduce erosion, improve water quality, and add habitat value.
- You still need permits, and ecological design matters, but local partners and county programs can help you explore this path.
Special areas near Merritt Island NWR
If your property is near lands managed by the Merritt Island National Wildlife Refuge, additional rules can apply. Always check early to avoid surprises on timing or design. Merritt Island National Wildlife Refuge
Common pitfalls to avoid
- Trimming or removing mangroves without confirming exemptions or obtaining DEP authorization.
- Using herbicides on mangroves.
- Starting work before permits are issued or skipping Army Corps coordination where required.
- Submitting old surveys or incomplete plans that fail to show your projection into the waterway.
- Forgetting county forms like turtle protection affidavits or turbidity control details.
Ready to plan your waterfront next step?
Whether you’re buying or selling a Merritt Island waterfront home, permitting and shoreline choices affect value, timelines, and long-term enjoyment. If you want local insight on property features, market strategy, and trusted resources to navigate shoreline considerations, connect with Tony Granato for a clear plan.
FAQs
Do you need a permit to trim mangroves on Merritt Island?
- Many small trims can be exempt if you follow state rules on height and location; anything beyond that usually requires DEP authorization.
Who issues the dock or seawall permit in Brevard County?
- Brevard County issues building permits and coordinates environmental review; DEP and the Army Corps may also review depending on scope and location.
How long does a dock or seawall permit take on Merritt Island?
- Simple, well-prepared projects can move in weeks, but multi-agency reviews or mitigation can take several months.
Are living shorelines allowed in the Indian River Lagoon?
- Yes, and they are encouraged where feasible; they still require permits and proper design.
What happens if someone trims mangroves illegally?
- Expect fines, required restoration, and potential repeat-offender penalties under Florida law.
