We get calls every year from owners who want to replace an old beach house with something new. The demolition itself is usually straightforward. What catches people is everything around it: the state line on the survey, the dune in the backyard, the turtle season calendar and the question of whether the new house can go where the old one was. Here's how those pieces fit together, from a demolition contractor's point of view.
The basics
What the CCCL is and how to tell if you're seaward of it
A state line, not a setback
DEP sets the CCCL along Florida's sandy beaches to mark the part of the beach and dune system that a 100-year storm can reshape. It doesn't ban building. It marks where construction has to meet special siting and design rules.
Check the survey
A boundary survey of a beachfront lot should show the CCCL. If the line runs through the lot, part of the property is seaward of it, and that part is where state rules apply.
Ask DEP early
If you're buying to rebuild, ask DEP for the 30-year erosion projection for the property before you close. It can change how much of the lot you can actually build on.
Local rules still apply
The state permit doesn't replace the city or county. Your city's zoning, setbacks, demolition permit and building permit all still apply, and some coastal cities have their own beach setbacks that are stricter than the state's.
Rebuild or build new
What the state law allows after a teardown
Section 161.053 of the Florida Statutes sets the rules. The details depend on the lot, so treat this as a map of the questions, not the answers.
| Item | Plan | What the law says |
|---|---|---|
| Repairs within the existing foundation | Modification, maintenance or repair of an existing structure within the limits of its existing foundation is exempt from the CCCL permit and the erosion rules. Seawalls and additions below the first floor are left out of that exemption. Tearing the house down is not a repair. | |
| Rebuild on the original foundation | DEP can permit the repair or rebuilding of a major structure within the confines of its original foundation. It's still a permit, and the new building has to meet current design standards. | |
| Rebuild farther from the water | The law also allows a damaged or existing structure to be rebuilt or relocated more landward. On many lots, this is the easier path. | |
| Bigger, toward the water | DEP can't permit a rebuild that expands the capacity of the original structure seaward of the 30-year erosion projection. | |
| A new house on a new footprint | New structures generally can't be built seaward of where the shoreline is projected to be in 30 years. There's an exception for a single-family home on an older lot when the house sits landward of the frontal dune and meets other conditions. |
From section 161.053(5), (11) and (12), Florida Statutes. Whether a specific plan qualifies is DEP's call, made on a permit application.
Before you tear it down
Why the old foundation can matter
Document it first
If there's any chance you'll rebuild within the original foundation, have the existing building surveyed and documented before demolition, including the foundation's outline and elevations. Once it's gone, proving where it was gets harder.
Talk to the designer before the crew
Your architect or engineer should decide whether the new house will use the old footprint, move landward or start fresh, and whether any part of the foundation stays. That decision shapes the demolition scope, so we want it before we price the job.
A new house is built differently
New major structures seaward of the CCCL are designed for the 100-year storm, which usually means an elevated house on a pile foundation. The old slab often isn't usable for that, even when the footprint stays the same.
On site
What changes about the demolition itself
State approval for beach-side work
DEP requires a permit for construction and excavation seaward of the line unless the work is exempt, and some cities' demolition checklists say work west of the CCCL may need DEP's approval before the city permit. Removing foundations, slabs, pools or seawalls on the beach side often involves excavation. Confirm what's needed with DEP before you schedule anything.
Protect the dune
The dune and its native plants are what the CCCL program protects. Equipment, debris piles and haul routes should stay off the dune, and any work in it needs approval.
Keep debris off the beach
Concrete, glass and nails on a public beach are a hazard and a violation. Debris control, fencing and daily cleanup matter more here than on an inland lot.
Asbestos and utilities
Older beach houses still need the same asbestos survey and utility disconnects as any other teardown.
The calendar
Sea turtle season
When it runs
Southeast Florida's beaches are major sea turtle nesting grounds. Fort Lauderdale, for example, lists nesting season as March 1 to October 31, and neighboring coastal cities use similar dates.
What it changes
The law lets DEP set conditions on the timing and sequence of construction to protect nesting turtles and hatchlings. Beach-side work, equipment on the sand and night lighting are often limited during the season.
Plan around it
If you can, schedule the beach-side part of the demolition for November through February. If you can't, expect permit conditions and plan for them in the schedule and the price.
Lighting on the new house
Many coastal cities regulate lighting visible from the beach, on new and existing buildings. The new house's fixtures and window glass may have to meet those rules.
Order of operations
How a beachfront teardown and rebuild usually runs
Survey and erosion projection
Get a current boundary survey showing the CCCL, and ask DEP for the 30-year erosion projection. DEP applications need a survey dated within six months.
Decide the plan for the new house
Same foundation, farther landward or a new footprint. This decides which rules apply and what the demolition has to leave behind.
Local zoning letter
A DEP application needs a letter from the local government saying the project is consistent with its zoning and land use rules.
State permit
Apply to DEP for the work seaward of the line. Permits for major structures expire three years after they're issued.
City or county demolition permit
With the state side settled, the licensed contractor pulls the local demolition permit, with the asbestos survey, utility releases and any other local approvals.
Demolition, then construction
The teardown, site cleanup and final inspection, then the new house under its own building permit.
Condos and hotels
Older buildings on the beach
A different law can apply
Florida's 2024 Resiliency and Safe Structures Act limits how much local governments can restrict the demolition of certain buildings seaward of the CCCL that don't meet flood elevation rules, have been found unsafe or have been ordered demolished. It doesn't apply to single-family homes, and some historic buildings are excluded.
Talk to an attorney
Whether a specific building qualifies is a legal question. Get a land use attorney's opinion before you plan around it.
One team
Demolition and the new house
We handle both
We do the demolition and permits here, and the new construction through our building side, builderf.com, under the same license, so the teardown is planned around what's going back up.
Related
Keep reading
Common questions
Frequently asked questions
Do I need a state permit to demolish a house seaward of the CCCL?
Often, yes. DEP requires a permit for construction and excavation seaward of the line unless the work is exempt, and beach-side demolition usually involves removing foundations, slabs or pools. Some cities' demolition checklists say work seaward of the CCCL may need DEP's approval before the local permit. Confirm with DEP for your property before scheduling the work.
Can I rebuild my beach house on the same footprint after tearing it down?
Florida law lets DEP permit the rebuilding of a major structure within the confines of its original foundation, or a rebuild farther landward. It can't permit a rebuild that expands the original building's capacity seaward of the 30-year erosion projection. The new house still needs a permit and has to meet current design standards.
What is the 30-year erosion line?
It's DEP's projection of where the seasonal high-water line will be in 30 years. New structures generally can't be built seaward of it, with exceptions, including one for a single-family home on an older lot that sits landward of the frontal dune and meets other conditions.
When is sea turtle season in South Florida?
Fort Lauderdale lists it as March 1 to October 31, and neighboring coastal cities use similar dates. DEP can set conditions on the timing of beach-side construction to protect nesting turtles, so beach-side work is often easier to schedule from November through February.
Does the CCCL permit replace the city demolition permit?
No. The state permit covers the work seaward of the line. You still need the city or county demolition permit and, later, the building permit for the new house.
Should I keep the old foundation?
Only if your designer plans to use it. New houses seaward of the CCCL are usually built on elevated pile foundations, so the old slab often can't be reused. If you might rebuild within the original foundation, document it with a survey before it comes down.
This article is general information, not legal or engineering advice. CCCL rules, exemptions and their interpretation depend on the specific property, and DEP decides what each project needs. Confirm with DEP and your local building and zoning departments, and talk to a coastal engineer or land use attorney before you buy or design around a beachfront rebuild.