Frequently Asked Questions

Q: Is my property buildable?

A: There is no easy answer to this question. You may need to obtain additional information on the property and contact several review agencies. The following guidelines should assist in answering the question.

1. Check title ''policy" for any restrictions, encumbrances, easements, or rights-of-way which may limit use of your property.

2. Check your survey for any unwritten easements such as ditches or access ways, which may enter your property. Drainage rights and access to maintain ditches through properties should not be impeded.

3. Check your survey for flood zones, floodway, and elevations of the property and road. For property not in flood zone "X" the Finished Floor Elevation and/or service equipment shall be at, or above the 100-year Base Flood Elevation. In flood zone "X" the Finished Floor Elevation shall be 12" above the crown of the road. (Ordinance 88-30/90-40). This information together with the elevations of the property will help you determine the fill requirements. This may be superseded by drainfield requirements. (See Item 7). You may view flood zone maps at the Public Works Department (second floor of Building-A at the Government Center). If you would like Brevard County to determine your flood zone there is a fee. Please contact (321) 617-7340 for service and information on flood zones.

4. Walk the property and examine the vegetation for plants typical of wet areas such as cypress, sawgrass, gum, bay, and maple. Look for unsuitable soil such as muck or highly organic soils. Contact the Natural Resources Management Office (321) 633-2016 or the Brevard County Soil Conservation Service at (321) 633-1702 for general information about soils and water table for your area. Other agencies may also regulate wetland areas. For more information, contact the St. Johns River Water Management District (commercial or subdivisions) (321) 984-4940, http://sjrwmd.com/ or the Florida Department of Environmental Protection (single-family residences) (407) 894-7555, http://www.dep.state.fl.us/.

5. Contact Zoning Division at (321) 633-2070 for setbacks and permitted uses for your property and conformance to the Comprehensive Plan.

6. Does your property have access to a county maintained and dedicated street? That is a requirement for issuing a building permit. If in doubt, call Road and Bridge Division (321) 255-4319 for the status of road access.

7. What type of sewage disposal is required for the site? If a septic tank is proposed and allowable, contact Environmental Health Services at (321) 633-2100. If County Sewer Service is available, contact Water and Wastewater Customer Service at (321) 633-2093 for connection fee information. If you are not sure which option is available to your property, contact either of the above numbers.

8. It is important to check with the Natural Resources Management Office at (321) 633-2016 for information on land clearing, landscaping, wetlands, endangered species, limitations on impervious surface, surface water setbacks and buffers, seawall permitting, floodplain densities, ponds or lakes, and borrow pits.

9. Check the area for fire hydrants. For more information on fire protection contact Fire Prevention at (321) 633-2056.
10. If you need a driveway, sidewalk, or culvert to cross a ditch or swale, you will need a Roadway and Easement Permit from the Brevard County Public Works Department at (321) 633-2178.

11. Activities on a property including filling, digging, land clearing, and construction require permits. Should activities be performed without required permits, then corrective actions, including restoration, may be necessary to comply with current regulations.
12. You may wish to seek advice from a real estate attorney.

13. COMMERCIAL SITES ONLY: If you are developing a commercial site you may wish to get input from many county agencies at once. This may be accomplished by an optional step in the Site Plan process known as a Pre-application followed by a Pre-application Conference. For more information contact Land Development Division at (321) 633-2065.

14. COMMERCIAL SITES ONLY: To submit a formal site plan for a commercial site plan, you will need the advice and services of a professional engineer or architect and land surveyor. Brevard County cannot recommend any firms for this purpose.
A commercial site requires approval from Brevard County and the St. Johns River Water Management District, (321) 984-4940, http://sjrwmd.com/.
Some projects also require approvals from other agencies such as the U.S. Fish and Wildlife Service, (904) 232-2580, http://northflorida.fws.gov/index.htm, the Florida Department of Environmental Protection (DEP) (407) 894-7555, http://www.dep.state.fl.us/, the Florida Fish and Wildlife Conservation Commission, (850) 921-5990, http://wld.fwc.state.fl.us/permits/default.htm, and the U.S. Army Corps of Engineers (321) 453-7655, http://www.usace.army.mil/public.html#Regulatory.

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Q: I have a free flowing well on my property. Is there a program to plug it?

A: Brevard County cooperates with the St. Johns River Water Management District (SJRWMD) on an artesian well plugging program. Contact SJRWMD in Palatka at (386) 329-4252 or (800) 741-9355, or go to their web site, http://sjrwmd.com/programs/watersupply.html, for more information.

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Q: Is my property in a floodprone area?

A: You may view flood zone maps at the Natural Resources Management Office and Public Works Department on the second floor of Building-A at the Viera Government Center. If you would like Brevard County to determine your flood zone there is a fee. Please contact (321) 617-7340 for service and information on flood zones.

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Q: I have a water to air, air conditioning system that uses a free flowing (artesian) well. What do I need to do when I repair or replace the system?

A: Brevard County has regulations that require certain upgrades if you replace all or part of your system. Return wells are required to ensure that water from deep wells, that are usually higher in Chlorides, do not intermingle with the shallow groundwater supply (drinking water supply). Check valves that turn off the free flow of water are required on all systems. Please call Natural Resources Management Office for more information (321) 633-2016.

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Q: Do I need a permit to dig a pond or lake?

A: The County has regulations for “Private Lakes”. These are excavations where the material is left on site and is typically used for house pad fill. If the lake is under ¾ of an acre, then no permit is required, but you must adhere to the construction, location and vegetative standards in the Ordinance in all cases regardless of size of the private lake. This is especially important for areas that use septic systems. Please contact the Natural Resources Management Office for more information, (321) 633-2016.

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Q: Do I need a permit to excavate or place fill on my property?

A: Permits are required for filling over 3/4 of an acre, regardless of the depth of the layer of fill. Excavations over ¾ of an acre or that hold more than 6 feet of water also require permits. Please contact the Natural Resources Management Office for more information, (321) 633-2016.

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Q: Who maintains the drainage within subdivisions?

A: The Pubic Works Department maintains County roads and rights-of-way areas and many ponds developed for water retention. You may contact the Public Works Department by calling (321) 690-6840. However, if individual property owners or a homeowners association owns the pond or lake, then they have sole responsibility for maintaining them.

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Q: What is a non-native noxious, undesirable, or invasive plant and how can I find out more about them?

A: While all plants are good in that they make oxygen and absorb carbon monoxide, when certain plants are introduced to a new location without controlling factors like severe seasonal weather, diseases, or certain insects, they can grow out of control. They can displace and disrupt native plants and naturally balanced native plant communities. Reductions in plant diversity can affect wildlife, and alter natural processes like fire and water flow.   To learn more about invasive plants, visit http://dep.state.fl.us/lands/invaspec/index.htm .

Non-native noxious invasive plant, means the following species:

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Q: My neighbor's tree is hazardous. Can the County require them to remove it?

A: If the tree is alive, the removal issue is a civil matter between neighbors.

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Q: My neighbor is removing a tree on their property. Whom can I contact to determine if they have received a permit?

A: If you would like to report a tree removal, contact the Natural Resources Management Office permitting section at (321) 633-2016.

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Q: Whom do I contact to have a hazardous tree removed from a County right-of-way?

A: To have a hazardous tree removed from a County right-of-way, you will need to contact the Roadways and Landscaping Department at 690-6840.

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Q: Do I need a permit to trim a tree? How much can I trim?

A: You do not need a permit to trim or prune a tree. However, pruning should be done according to the

University of Florida (http://edis.ifas.ufl.edu/MG087 ),

the International Society of Arboriculture ( http://www.isa-arbor.com/consumer/consumer.html ), or

the National Standards for Pruning ( http://www.mac-isa.org/ansi_a300.htm ), ANSI A300.

No more than 25% of the crown (leaf area) should be removed at one time and proper pruning cuts should be made. If a tree is pruned so severely that it is expected to die or is no longer considered a viable tree, it may be considered as a tree removal activity and may be a violation of the Brevard County Land Clearing and Tree Protection Ordinance.

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Q: What is a listed species? Who regulates listed species?

A: The Brevard County Comprehensive Plan defines listed species as animals and plants legally protected as endangered, threatened, or as species of special concern by federal and state laws. The Florida Fish and Wildlife Conservation Commission, http://wld.fwc.state.fl.us/permits/default.htm and the U.S. Fish and Wildlife Service, http://northflorida.fws.gov/index.htm, regulate listed species.

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Q: If I have listed species on my property, can I build on it?

A: The presence of listed species does not necessarily prohibit construction on the property. Certain restrictions may exist depending on the type of listed species existing on the property. The Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service will determine any restrictions addressing listed species. You may contact those agencies on the Web or at the following numbers:

Florida Fish and Wildlife Conservation Commission
http://wld.fwc.state.fl.us/permits/default.htm
Bureau of Wildlife Diversity Conservation
620 South Meridian Street, Mail station WLD-BLX
Tallahassee, FL 32399-1600
(850) 921-5990

U. S. Fish & Wildlife Service
http://northflorida.fws.gov/index.htm
Jacksonville Field Office
6620 Southpoint Drive South, Suite 310
Jacksonville, FL 32216-0958
Phone: (904) 232-2580 (Voice mail available at all extension)
Fax: (904) 232-2404

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Q: Where can I get an address for my property or a legal description?

A: Addresses may be obtained at the Address Assignment Office on the first floor of building A at the Government Center in Viera. Their telephone number is (321) 633-2061.

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Q: Do I need a permit to conduct agricultural oriented activities?

A: To determine if your activity is exempt, you must have your project reviewed by Natural Resources Staff, (321) 633-2016.  To determine if the activity is a bona fide agricultural activity, you will need to complete an agricultural exemption application and submit it to the NRMO. Please call (321) 633-2016 for the information required to be submitted with the application.

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Q: How can I find out if I abut a Wetland Conservation or Preservation Area?

A: Contact the Natural Resources Management Office, (321) 633-2016 or the St. Johns River Water Management District, (321) 984-4940, with your property’s tax ID number (Legal Description) or address. Please allow a couple of days for staff to research all applicable documents.

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Q: What surface water classification do I abut and what are the setbacks?
A: The Florida Department of Environmental Protection determines the surface water classification of a particular water body. Brevard County’s regulations vary depending on the classification. Please call the Natural Resources Management Office for this setback and classification, (321) 633-2016. Generally the following applies:

Class I Waters - Surface waters that are used as a source for public potable water sources. Lake Washington and its headwaters along the St. Johns River are used for drinking water supply. The development setback is measured from the ordinary high water line and extends 200 feet landward of that line.

Class II Waters, Aquatic Preserves, Outstanding Florida Waters – Coastal waters which actually or can potentially support, recreational or commercial shellfish propagation and harvesting. The Indian River Lagoon adjacent to Grant is Class II as well as Aquatic Preserve. These areas also include the Banana River Aquatic Preserve and Newfound Harbor. 50 foot buffers are required in these areas.

Class III Waters - All waters that are suitable for recreational body contact and for the propagation of fish and wildlife, but are not classified as Class I or II Waters. The buffers/setbacks in these areas are 25 feet from the mean or ordinary high water line.

All native vegetation must remain within the setback/buffer areas described above. Sod is not considered native vegetation. It is important to keep native vegetation within the buffers to eliminate the need to apply pesticides and fertilizers adjacent to natural water bodies. Native shoreline vegetation has adapted to the specific environment and typically has deeper root growth to better prevent erosion. Native vegetation also provides shoreline habitat for various species.

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Q: My waterfront property has experienced significant erosion. What can I do to repair the damage?

A: Erosion of waterfront property is a natural process. Over time, the shoreline changes in response to environmental factors such as wind and water. This may involve erosion or deposition of sediments and may change from year to year. Shoreline vegetation plays an important part in the protection of shorelines and is encouraged instead of artificial structures. This Office regulates activities along the shoreline using the standards found in the Brevard County Surface Water Protection Ordinance. The St. Johns River Water Management District, (321) 984-4940, and the Army Corps of Engineers (321) 453-7655, also regulate alteration and construction next to natural water bodies. New seawalls and bulkheads are prohibited along the Indian River lagoon system, except as provided for in the Surface Water Protection Ordinance regarding private bulkheaded canals adjoining class III waters.

Each shoreline is unique; therefore, each shoreline must be evaluated to determine the best course of action. Natural Resources Management Office Staff looks at each shoreline utilizing the following minimum criteria. Shorelines must exhibit one or more of the following criteria to qualify for local approval of stabilization alternatives other than the establishment of native vegetation:
a. Clear and convincing evidence of increasing destructive loss of existing established native vegetation due to wave, wake or stormwater activity;
b. Clear and convincing evidence of properly designed, permitted and installed alternatives to shoreline hardening which have failed to stabilize the shoreline, such as but not limited to the establishment of native vegetation, gently sloping or tiered shorelines, or other similar alternatives;
c. Clear and convincing evidence of lawfully existing permanent structures which face imminent threat of destruction from continued shoreline loss; or
d. Clear and convincing evidence of continuous historical accelerated shoreline loss greater than one foot per year, for a period of not less than ten consecutive years.

Clear and convincing evidence shall be the responsibility of the applicant or his authorized agent. The criteria set out in this subsection shall be the minimum required. All applicants shall be subject to and responsible for obtaining all additional necessary approvals or permits, prior to local approval. State or federal approval of shoreline hardening shall not exempt the applicant from local approval or denial of a project.

Shoreline areas existing in a naturally vegetated state and not demonstrating significant shoreline erosion are also not eligible for hardening or bulkheading. Applications for permits for any seawall or bulkhead on private canals adjoining class III waters shall be submitted in writing to the County Natural Resources Management Office for consideration, (321) 633-2016.

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Q: What is a seawall, revetment or bulkhead?

A: Bulkhead and seawall mean a manmade shoreline wall, breakwater or encroachment, excluding riprap, designed or positioned to break the force of waves or to hold back or protect the shoreline from erosion. The County does not consider headwalls and other similar minor structures necessary for the implementation of permitted stormwater management systems as bulkheads. A Reinforced rock revetment habitat means an approved bulkhead or seawall established between existing seawalls on each immediately adjacent shoreline, with a required rock revetment adjoining the structure on the seaward (waterward) side, designed to allow for aquatic habitat and additional shoreline benefits.

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Q: How do I identify a mangrove?

A: There are three native mangrove species in Florida; Red, Black and White. The Florida Department of Environmental Protection's Web site is a great resource in identifying these species, http://dep.state.fl.us/coastal/habitats/mangroves.htm. Many times people confuse them with the non-native noxious species commonly called Brazilian Pepper or Florida Holly. You usually need a permit to trim Mangroves. Contact the DEP at (321) 894-7555 for more information.

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Q: Can I build on my property if I have wetlands?

A: The presence of a wetland on your property may not prohibit construction on the property but may restrict it. The first step is to determine if there is enough upland area on your property (or non-wetland area) to construct your project. In order to determine if your property meets the minimum requirements, you should contact the Natural Resources Management Office, (321) 633-2016.

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Q: What are wetlands?

A: Brevard County uses the same definitions as those used by the Florida Department of Environmental Protection (FDEP) and St. Johns River Water Management District (SJRWMD). The definitions use soil types, hydrological requirements, and vegetation types to determine the extent and type of wetland.

The State of Florida defines wetlands as “…those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. Upon legislative ratification of the methodology adopted pursuant to s. 373.421(1), as amended, the limitation contained herein regarding the purpose of this definition shall cease to be effective.”

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Q: How do I find out if there are wetlands on my property?

A: The only accurate way to find out whether or not wetlands exist on your property is to have a wetland evaluation (delineation) performed on site by the State or a qualified consultant who has verified it with the State. However, much information can be determined by examining various resource maps including the Brevard County Soil Survey, aerial photography, habitat overlays, and the Department of the Interior’s National Wetland Inventory.

The Environmental Permitting Section of the Florida Department of Environmental Protection performs informal wetland delineations free of charge. Please call (407) 894-7555. However, there is only one staff member performing this service so the wait can be 6 to 8 weeks. Private consultants may provide a more timely service. The Natural Resources Management Office will do a presence or absence wetland survey for a $208 fee, but no wetland boundary lines are delineated as part of this service. 

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Q: What is a wetland delineation?

A: The Department of Environmental Protection and private environmental consultants conduct wetland delineations. We also offer wetland delineation services.  The fees are based on the size of the property.  Wetland delineations are simply the act of establishing the boundary between wetlands and uplands (or non-wetlands). Your property will be evaluated for the presence of wetlands based upon three general criteria: wetland vegetation, hydric soils and hydrology. If you would like to request additional information regarding a wetland delineation, please contact the Natural Resources Management Office at (321) 633-2016.

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Q: If I have wetlands on my property will I receive a reduction in my property taxes?

A: Property tax reductions should be addressed to the Brevard County Property Appraiser's Office. They may be reached by calling (321) 264-6700.

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Q. Why is my permit on hold?

A. One of the most common reasons we have to put your development application on hold is that the application is incomplete. Here are some of the more common missing items from a development application.

1. If you have wetlands on your property, be sure to submit a certified survey of the wetland boundaries that has been approved by the Florida Department of Environmental Protection, St. Johns River Water Management District or us.
2. If you have an existing tree canopy or trees larger than 4 inches in diameter at breast height, a tree and vegetation survey is required.
3. If your property is located on a water body, a survey depicting the location of the mean high water line is required.
4. If wetland impacts are proposed, a mitigation plan that compensates for the losses of those wetlands is required.

Another common reason your application can be put on hold is non-payment of the application fees. Applications cannot be processed until all fees are paid.

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