Essential Guide to Bulkhead and Seawall Permits on the Gulf Coast: What Homeowners Need to Know

When planning to build or repair bulkheads and seawalls on the Gulf Coast, obtaining the appropriate permits is essential to ensure compliance with environmental regulations. The U.S. Army Corps of Engineers (USACE) and the Alabama Department of Environmental Management (ADEM) oversee these permits through a Joint Application Process (ADEM Form 166). Here’s a comprehensive guide on the critical factors to understand:

1. Application Process

• Joint Application Requirement: Applicants must submit a completed form to both USACE and ADEM. This process streamlines regulatory oversight, ensuring both federal and state standards are met.
• Designating an Agent: Property owners may authorize an agent, often a contractor or consultant, to handle the application, making the process more manageable.

2. Project Location and Description

• Exact Location: Applicants must specify the project location with precise geographic coordinates and, if possible, parcel identification numbers. Accurate location information ensures that the regulatory bodies can assess the environmental impact effectively.
• Detailed Description: The application should include a comprehensive description of the project, such as dimensions, materials, and any related structures. Examples include bulkheads, seawalls, jetties, and dredging activities.

3. Dredging and Fill Material Requirements

• Dredging Specifications: For projects involving dredging, it's important to detail the extent (area and volume) and type of material involved. The method and area affected (upland, wetland, or waterbottom) should also be documented.
• Fill Material: The application must list the type and source of fill material, and specify how the material will be contained to prevent erosion or other environmental damage.

4. Environmental Considerations

• Oyster Reefs: Proximity to oyster reefs must be noted, as these are protected areas critical to marine life. If nearby, specific guidelines may need to be followed to minimize impacts.
• Public Benefit and Purpose: The application should include the project’s purpose and any public benefit, if applicable, such as erosion control or infrastructure support.

5. Additional Documentation

• Site Plans: Applicants are required to submit scaled drawings showing current and proposed structures, including the ordinary high tide line and water body width at the location. These should include both plan and cross-section views.
• Vicinity Map: A vicinity map showing the project location relative to nearby highways or landmarks is necessary for context.

6. Timeline and Fees

• Proposed Schedule: Applicants should include estimated start and completion dates. Delays in adhering to this timeline might require re-approval.
• Fees: Both ADEM and the Alabama State Lands Division may impose fees, particularly for dredging activities or projects impacting state-owned submerged lands.

7. Agency Approvals

• Local, State, and Federal Permissions: The project may require approvals from multiple agencies, including local governments. It’s crucial to confirm whether additional permits are necessary to avoid project delays.

8. Inspections and Compliance

• Inspection Access: By submitting the application, applicants agree to allow agency representatives access to the site for inspections. This ensures that the project remains compliant with environmental standards throughout its lifecycle.

Obtaining permits for bulkheads and seawalls involves navigating both federal and state regulations, with the goal of balancing property protection and environmental stewardship. Consulting a professional experienced in Gulf Coast regulations can simplify the application process and help mitigate environmental impacts.

Meredith Amon is a local real estate advisor, licensed in Alabama and Florida. She specializes in helping buyers and sellers navigate the buying and selling of homes along the Gulf Coast.