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Stuart, FL Building Setbacks & Zoning: Structure Height Limits (2026)

Heavy Restrictions

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Key Facts

Statute: F.S. 161.053
Permitting agency: Florida DEP
Coverage: All sandy-beach coastal counties
Daily fine: Up to $10,000
Design storm: 100-year event

Florida state rule: Stuart does not have a local ordinance for structure height limits. This topic is governed by Florida state law and applies uniformly across the state.

Summary

Florida Statutes 161.053 establishes the Coastal Construction Control Line, a state-administered seaward setback that applies to all coastal counties regardless of local zoning. Construction seaward of the CCCL requires a Florida DEP permit and meets statewide structural and elevation standards.

Full Breakdown

F.S. 161.053 directs the Department of Environmental Protection to establish CCCLs along Florida's sandy beaches, defining the area subject to severe storm and erosion impacts. Any construction or excavation seaward of the CCCL, including dwellings, swimming pools, fences, and additions, requires a state DEP permit independent of local building approvals. Permits impose minimum elevation, foundation, and structural design criteria intended to withstand a 100-year storm event, and may restrict structure height, footprint, and dune impacts. Local governments cannot waive CCCL requirements, though they may impose additional setbacks. F.S. 161.052 separately establishes a 50-foot construction setback from the mean high-water line in non-CCCL areas.

Violations & Fines

Construction without a CCCL permit is a third-degree misdemeanor under F.S. 161.054, with fines up to $10,000 per day per violation, plus restoration orders.

Frequently Asked Questions

Does my city's height limit override the CCCL?

No. The CCCL is a state setback administered by FDEP under F.S. 161.053. Local height and setback rules operate alongside CCCL permits, and the stricter standard applies.

Do I need a CCCL permit for a fence near the beach?

Yes, if the fence is seaward of the Coastal Construction Control Line. Even minor structures and excavation seaward of the CCCL require a state DEP permit before work begins.

What happens if I build seaward of the CCCL without a permit?

F.S. 161.054 authorizes daily fines up to $10,000, restoration orders, and criminal misdemeanor charges. FDEP may require structures to be removed or relocated at the owner's expense.

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Stuart, FL Building Setbacks & Zoning: Structure Height Limits (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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