Consent to Use State-Owned Submerged Lands
DO YOU LIVE OR DO BUSINESS ON THE WATER?
If so, you may need authorization to use the lands under the water from the owners of those lands. This authorization is
in addition to any city, county, Florida Department of Environmental Protection, U.S. Army Corps of Engineers, or
Water Management District permit.
WHAT LANDS ARE WE TALKING ABOUT AND WHO OWNS THEM?
Sovereign submerged lands are all those submerged lands waterward of the ordinary or mean high water line under
navigable fresh and salt water bodies. The Governor and Cabinet, sitting as the Board of Trustees of the Internal
Improvement Trust Fund, hold title to all of those lands below navigable waters which have not been previously
conveyed into private ownership. Portions of these submerged lands have been designated as “aquatic preserves” and
because of their unique biological, aesthetic or scientific value, they are held and managed to a higher degree of care.
Since the State owns these lands, both public and private entities must obtain consent to use them.
WHY IS CONSENT NECESSARY AND BY WHAT AUTHORITY IS IT REQUIRED?
These lands are held in trust for the use and benefit of the people of the State, as set forth in the State Constitution;
therefore, the private use of these lands must be balanced with the need to conserve and protect the scientific value and
beauty of those lands. The intent of the regulations is to ensure that all sovereign submerged lands are managed
primarily for the propagation of fish and wildlife, and public recreation. The legislative origins of the procedures
employed in the review of applications to use sovereignty submerged lands are contained within Chapters 253 and 258
of the Florida Statutes. These statutes are implemented through rules which are contained within Chapters 18-14, 18-
18, 18-20 and 18-21 of the Florida Administrative Code. It is important to contact the Department of Environmental
Protection before you use these lands.
WHAT TYPE OF ACTIVITIES REQUIRE AUTHORIZATION?
Uses that require authorization must be approved before they are conducted. The most commonly requested uses are
the construction of docks, the placement of riprap, dredging for access or channels, mangrove trimming, bridge and
utility crossings, and beach renourishment projects.
WHAT DO YOU HAVE TO DO AND IS THERE A FEE?
The form of consent that is required depends upon the type of activity that is proposed. Forms of consent include
letters, easements, use agreements, management agreements, and leases. The type of activity proposed also determines
the amount of fees; however, commercial uses will always require payment of fees.
WHAT HAPPENS IF YOU DO NOT RECEIVE AUTHORIZATION TO USE THESE
LANDS?
Alterations to, or structures discovered on, sovereignty submerged lands without authorization are subject to lease fees
in arrears, with interest, and fines. In some cases, removal of structures may also be required.
WHO DO YOU CONTACT TO INQUIRE ABOUT THE USE OF THESE LANDS?
The Department of Environmental Protection Division of State Lands field office listed below.
Department of Environmental Protection
Southwest District
13051 N. Telecom Parkway
Temple Terrace, FL 33637
Phone: (813) 632-7600
Fax: (813) 632-7665