Marina, Waterfront & Coastal Real Estate

Marina, Waterfront & Coastal Real Estate Counsel

Marina, waterfront, and coastal real estate transactions sit at the intersection of conventional real estate law and a layered regime of state submerged-land leases, federal navigable-waters jurisdiction, riparian and littoral rights, coastal construction setbacks, environmental permitting, and unique insurance and title considerations. John Montague, Esq. represents marina owners and operators, waterfront commercial property owners, coastal developers, condominium and homeowner associations, and individual buyers of waterfront homes throughout Florida — including from offices in Fernandina Beach on Amelia Island and Coral Gables (Miami), two of the more transactionally active waterfront markets in the state.

Whether the asset is a working marina with fuel docks and slip leases, a mixed-use waterfront resort, a condominium with riparian or littoral common elements, or a private waterfront homestead, the legal analysis must account for the unique mix of state and federal authorities that regulate the use of submerged lands, the construction and maintenance of docks and seawalls, the rights of upland owners to access navigable waters, and the environmental impact of dredging, fill, and shoreline hardening. John combines fifteen-plus years of transactional real estate experience with the local relationships necessary to move these matters efficiently through the agencies that touch coastal Florida real estate.

Why Coastal Transactions Are Different

A standard Florida real estate transaction analyzes the four corners of a title commitment, the survey, and the contract. A waterfront transaction adds layers: ownership of submerged land (which in Florida generally belongs to the State Board of Trustees of the Internal Improvement Trust Fund), the boundary between upland fee and sovereign submerged land (the mean high water line for tidally influenced waters, or the ordinary high water line for non-tidal), the existence and status of submerged-land leases or easements, the recorded and unrecorded riparian or littoral rights of the upland owner, the Coastal Construction Control Line (CCCL) and any pre-existing nonconforming structures, the Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers (USACE) permits for any dock, seawall, dredging, or fill, and the special title-insurance treatment that applies to riparian/littoral rights and submerged-land interests. Missing any one of these in diligence can convert a routine closing into an enforcement matter or a title claim.

Core Areas Where We Help

1. Marina Acquisitions, Dispositions & Operations

Working marinas are operating businesses layered on top of real estate. We handle the full transactional package: asset versus equity acquisition structuring, slip-lease and dockage-agreement review, fuel-dock and pump-out infrastructure diligence, environmental assessment (Phase I and Phase II, with attention to historical petroleum operations), submerged-land lease assignment, transfer of FDEP and USACE permits, dry-storage rack-and-stack operations diligence, and the licensing and tax considerations that accompany ship store, repair, and brokerage operations. We also represent operators in slip-lease drafting, force-majeure analysis after hurricane events, and dispute resolution with slip holders.

2. Submerged Land Leases & Sovereign Title Issues

Most docks, marinas, mooring fields, and over-water structures in Florida tidewater require a submerged land lease, easement, or consent of use from the State of Florida (administered by FDEP on behalf of the Board of Trustees). We assist with application preparation, lease renewal, lease modification (for example, when a marina is reconfigured or expanded), assignment in connection with property sales, and disputes over the scope and footprint of an existing lease. For non-tidal waters, ownership and use rights can be even more nuanced, and the analysis turns on navigability determinations and historical patents.

3. Riparian & Littoral Rights

Owners of land abutting navigable waters in Florida have common-law rights of access, view, ingress and egress to the water, and reasonable use of the foreshore. These rights are valuable, they can be conveyed separately from the underlying fee, and they are increasingly the subject of dispute in dense waterfront developments. We advise buyers, sellers, condominium associations, and developers on the proper characterization, conveyance, reservation, and protection of riparian and littoral rights, including in the context of subdivision and common-element design.

4. Coastal Construction, CCCL Permits & Setbacks

Construction seaward of the Coastal Construction Control Line in Florida requires a CCCL permit from FDEP. Structures predating the CCCL may be nonconforming and subject to specific reconstruction limitations, particularly after damage from a hurricane or coastal storm. We advise developers, homeowners, and associations on CCCL applications, variance requests, the reconstruction options available for damaged nonconforming structures, and the interaction with local coastal zone management requirements.

5. Environmental Permitting & Shoreline Hardening

Docks, seawalls, bulkheads, living shorelines, dredging, beach nourishment, and any fill below the mean high water line typically require FDEP and USACE permits, plus local approvals. We coordinate the permit applications, advise on the environmental review and mitigation requirements, and address the recurring tension between the desire to harden a shoreline against erosion and storm surge and the regulatory preference for living-shoreline alternatives. For marina expansions, we manage the parallel federal and state permit timelines so the project can proceed on a realistic schedule.

6. Hurricane, Insurance & Force-Majeure Counsel

Coastal property carries unique insurance and force-majeure considerations: windstorm and flood coverage, mandatory NFIP participation, builder’s risk during reconstruction, business interruption for marina operators, and the contractual handling of long-term closures after a major storm. After hurricanes, we represent owners in insurance claim disputes, mitigate downstream contract liability, and structure reconstruction in a manner that preserves nonconforming structure rights and CCCL grandfathering where possible.

Practical Guidance for Buyers, Sellers & Operators

Diligence on a waterfront property must extend beyond the conventional title commitment and survey. The buyer should obtain a current sovereignty determination (where applicable), confirm the status and assignability of every submerged-land lease, verify the existence and condition of all FDEP and USACE permits for existing structures, confirm CCCL compliance and identify any nonconforming elements, and survey the property in a way that depicts the mean high water line and any riparian or littoral rights being conveyed. Sellers should assemble these materials before listing to avoid value erosion during the buyer’s diligence period. Marina operators should treat every transaction as an opportunity to true-up permits, leases, and slip-lease forms that have drifted out of compliance over time.

Frequently Asked Questions

Who owns the submerged land underneath my dock?

In Florida tidewater, the State (through the Board of Trustees) generally owns sovereign submerged lands waterward of the mean high water line. Use of those lands by upland owners for docks, marinas, and similar structures generally requires a lease, easement, or letter of consent from FDEP — even if the dock has been in place for decades.

Can I rebuild after a hurricane if my dock or seawall is nonconforming?

It depends on the structure, the extent of damage, the timing of construction relative to the CCCL, and the current permit posture. Limited reconstruction of damaged nonconforming structures is sometimes permitted; substantial rebuilding may trigger a requirement to bring the structure into current compliance. We analyze the specific facts and the applicable permit history before any work begins.

What is a CCCL permit and when do I need one?

The Coastal Construction Control Line is a regulatory boundary established by FDEP, generally landward of the beach, marking the area subject to significant storm impact. Construction seaward of the CCCL (and certain activities within it) requires a CCCL permit. The application reviews structural integrity, environmental impact, and the cumulative impact on coastal habitat.

Can riparian rights be sold separately from the upland property?

In Florida, riparian and littoral rights are generally appurtenant to the upland fee and are conveyed with it unless specifically reserved or separately conveyed in the deed or related instrument. Careful drafting is required when subdividing waterfront property, particularly in condominium and homeowner-association settings where common-element design affects multiple owners’ access to the water.