Highland Beach panel directs staff to rewrite seawall rules after CCCL shift

The Town of Highland Beach on Monday directed staff to draft amendments to shore up a conflict between the town's building-code seawall provisions and the zoning code after the state moved its coastal construction control line. Staff warned that the existing section in chapter 6 appears to bar any structure east of the CCCL without a variance, a standard that could render some oceanfront lots unbuildable even when the Florida Department of Environmental Protection has issued permits.

Jeff, a town staff presenter, told the commission the seawall provision (section 6-127(d)) contains an absolute prohibition — using the phrase "in no event" — and lacks a variance mechanism, while chapter 30 (the zoning code) contains language that defers to DEP approvals. "Everything east of that is essentially unbuildable, period," Jeff said, arguing the two chapters must be aligned so property owners who secure FDEP permits are not left with conflicting town requirements. Staff also flagged potential legal exposure and takings risks if the town denies building permits under the current language.

Commission discussion focused on short-term and long-term fixes: a quicker alignment to the zoning code's DEP-differential language and a longer-term exploration of dune-protection standards, breakaway-wall rules and FEMA elevation issues. Commissioners pressed staff about the scope and timeline; staff recommended sending draft language directly to the planning board so that body can provide focused review and return a recommendation to the commission. The commission voted to refer the matter to the planning board with instructions to align chapter 6 and chapter 30 and to return with recommendations, a motion that carried on a roll-call vote.