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Beachfront property owners given months to secure state permits before seawall work
Summary
The Daytona Beach special magistrate granted multiple beachfront property owners extra time to get state and city permits for seawall and related repairs, citing required Florida DEP approvals and restricted work windows during turtle season.
Daytona Beach — Property owners with seawall and shore-front repairs were given extended deadlines after the city and their representatives said the work requires state permits and is constrained by sea-turtle protection rules.
In several cases heard July 12, Special Magistrate Robert Riggio found respondents in noncompliance but set compliance dates months out to allow owners to obtain Department of Environmental Protection (FDEP) approvals and to schedule construction outside the turtle-nesting season.
Why it matters: Beachfront seawall work requires local, state and sometimes federal approvals; missing one permit can delay repairs and leave dangerous structures in place. Magistrate rulings set new compliance dates and reserve fines if owners do not follow through.
Inspector Victor Yates of Neighborhood Services presented the city’s case in multiple seawall-related matters, telling the magistrate that inspections showed dilapidated seawalls, peeling finishes and structural cracks. Yates said staff recommended findings of noncompliance with compliance deadlines tied to the permitting process.
Attorney Corey Brown, representing property owners in one case, described the permitting reality. “Right now, my client's speaking with FDEP or Department of Environmental Protection to try to get a permit. Not only do we get to get a permit from the city, but we have to get one from FDEP to work on the seawall,” Brown said during the hearing. He asked for more time, saying state review and turtle-season timing mean a short construction window.
Magistrate Riggio granted extensions in multiple items. For example, owners of the property at 1700 N. Atlantic Ave. (case file on record) were found in noncompliance but ordered to come into compliance by Oct. 19, 2022, or appear again for consideration of fines. Another beachfront association was ordered to return with progress by Oct. 5, 2022, so work could be ready to start once the turtle season ended.
City staff and attorneys repeatedly emphasized the need for “diligent pursuit” of permit approvals: state permits can include public-notice periods and administrative review that can take weeks. The magistrate and staff told owners the short post‑turtle season construction window means they must have approvals in hand well before work can begin.
What comes next: Owners were ordered to keep inspectors updated on permit progress. The magistrate warned that failure to meet the amended compliance dates could lead to reinstated fines and further hearings.
For background: Several cases heard that morning involved seawall or seawall‑area repairs at addresses along North Atlantic and South Atlantic avenues. In each, the magistrate balanced the city’s code enforcement role against practical constraints created by state permitting and environmental protections.
