Shoreline work along the Caloosahatchee River in Fort Myers requires a layered set of approvals: a City of Fort Myers building permit (Marine Related submittal) under Code Chapter 118, a South Florida Water Management District Environmental Resource Permit (ERP) under Florida Administrative Code 62-330, a US Army Corps of Engineers Section 10/404 permit for any structure or fill in navigable waters, and — when waterward of the mean high water line — a state submerged lands authorization from the Board of Trustees of the Internal Improvement Trust Fund. The Caloosahatchee is a federally navigable waterway and an Outstanding Florida Water in the C-43 watershed.
Riparian (waterfront) property along the Caloosahatchee River in Fort Myers carries common-law riparian rights of view, ingress/egress, navigation, and reasonable use of the water — recognized at FS 253.141 — but those rights are exercised inside a tight regulatory framework. The City of Fort Myers reviews shoreline structures (seawalls, riprap revetments, bulkheads, docks, piers) under Chapter 118 Land Use Regulations and the Marine Related Checklist administered by Building, Permitting & Inspections (BPI) at (239) 321-7925. Beyond the city permit, SFWMD issues an Environmental Resource Permit (ERP) under FS 373.4131 and FAC 62-330 for any 'system' that alters surface water flows, including most shoreline armoring; SFWMD applies water-quality, secondary-impact, and cumulative-impact tests. The U.S. Army Corps of Engineers, Fort Myers Permits Section (Regulatory Division, Jacksonville District), administers Section 10 of the Rivers and Harbors Act (1899) for any structure in navigable waters and Section 404 of the Clean Water Act for dredged or fill material; nationwide permits frequently apply to small private docks and shoreline stabilization, but case-by-case review is required for larger projects, projects near seagrass, or projects in designated critical habitat for the Florida manatee (Trichechus manatus latirostris — federally Threatened). Sovereign submerged lands waterward of the mean high water line are owned by the State of Florida and held in trust by the Board of Trustees of the Internal Improvement Trust Fund (TIITF); any structure on or over those lands requires a lease, easement, or letter of consent under FS 253.04 / 253.115. Construction must not impede navigation and must be set back from neighboring riparian lines following the FDEP/SFWMD 25-foot riparian setback guidance unless waived by the adjacent owner. Manatee protection zones are enforced by the Florida Fish and Wildlife Conservation Commission (FWC) under FAC 68C-22, with slow-speed and idle-speed zones throughout the Caloosahatchee inside Fort Myers city limits.
Unpermitted shoreline construction can trigger simultaneous enforcement from four agencies: (1) City Code Enforcement under Chapters 102/118 with Special Magistrate fines up to $500/day under FS 162.09 and Stop Work orders; (2) SFWMD/FDEP administrative penalties up to $10,000/day under FS 373.430 and 403.121; (3) USACE cease-and-desist orders and federal restoration requirements under the Rivers and Harbors Act and Clean Water Act; and (4) civil trespass and damages to the state for unauthorized occupation of sovereign submerged lands. Damaging seagrass or manatee habitat brings federal Endangered Species Act and Marine Mammal Protection Act exposure with criminal penalties. After-the-fact authorization is sometimes possible but typically requires removal/restoration and mitigation.
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