There is hereby located and fixed a bulkhead line, offshore from the existing lands and islands bordering on or being in Lake Worth, a navigable water in the county, within the territorial area of this town, and the bulkhead line shall be located and fixed from a point which is 364 feet westerly from the intersection of the centerline of State Highway A1A and the north boundary line of this town and measured along the boundary line, the bulkhead line proceeding in a straight line, which line is approximately 60 feet westward of the vegetation line along the east shore of Lake Worth within the town, to a point which is 935 feet westerly from the intersection of the centerline of State Highway A1A and the south boundary line of the town and measured along the boundary line. These points of intersection are hereby located and fixed as shown in the map or plat entitled Bulkhead Line, Town of Lantana, Florida, October 1956, scale one inch equals 200 feet, revised January 21, 1957, by MLR, redrawn February 12, 1957, by VMN, revised February 13, 1957, by ASW, and revised February 27, 1958, by ASW, and identified by the inscription "R-56-008," which map or plat is marked "Town of Lantana, Florida, Bulkhead Map," and is referred to and made a part of this division as fully as if copied completely in this section.

(Code 1983, § 151.01; Code 1996, § 26-721)

No creating or filling of lands or islands outward beyond the bulkhead line established by section 26-809 and into the waters of Lake Worth may be made or maintained.

(Code 1983, § 151.02; Code 1996, § 26-722)

(a)

No person shall create or fill any land in Lake Worth behind (to the east) of the bulkhead line until he shall have first received a permit from the town. All applications for the creation or filling of land shall be made in writing to the town administrator, on a form which shall be furnished by the town administrator.

(b)

Any person desiring to create or fill any land or islands in the waters of Lake Worth shall file a written application with the town administrator, and at the time of filing the application shall pay to the town administrator a fee in the amount of $1.00 per $1,000.00 or fraction thereof of the cost thereof. This fee shall be paid whether or not the permit applied for is granted. If a permit is granted, the creation or filling of land or islands shall be made in accordance with the plans and specifications designated in the application. Any change in the plans or specifications shall be the subject of a new or supplemental application and shall be considered in the same manner as a new application, and a like fee shall be paid upon filing a new or supplemental application as was paid in the case of filing the original application.

(c)

Application for a permit under this section shall be made in writing and shall be accompanied by a plan or drawing showing the proposed construction and shall also show the area from which any fill material is to be dredged, if the proposed construction is intended to be created from dredged material.

(d)

If the application for a permit under this section is found by the town council not to be violative of any statute, zoning law, ordinance, or other restriction which may be applicable, or that no harmful obstruction to or alteration of the natural flow of navigable water within the area will arise from the proposed construction, or that no harmful or increased erosion, shoaling of channels or stagnant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, the permit shall be granted to the applicant, subject to the formal approval of the trustees of the internal improvement fund. No construction permit shall be issued unless the proposed work is to be completed within two years next after the date of issuance of the permit. The time may be extended for good cause, upon showing that all due efforts and diligence toward completion of the work have been made.

(e)

The construction permit provided for in this section may be revoked for noncompliance with or for a violation of its terms after notice of intention to do so has been furnished to the holder thereof by the town council and an opportunity for a hearing afforded the holder.

(f)

Any applicant for a permit under this section shall have the right of appeal to the courts if the permit is refused, and no permit shall be refused without a valid reason.

(Code 1983, § 151.04; Code 1996, § 26-723)

(a)

Any fill which shall be maintained or made contrary to the provisions of this division shall be unlawful, and shall be promptly removed upon order of the town council.

(b)

Each day any unlawful creation or fill of land or islands shall continue to exist shall be a separate offense.

(Code 1983, § 151.05; Code 1996, § 26-724)

The distinction between seawalls and bulkheads is one of purpose. Seawalls are rather massive structures intended to resist the full force of ocean waves. Bulkheads are structures placed to retain fill and resist erosion by the wave climate at the site.

(Code 1983, § 151A.02; Code 1996, § 26-751)

All bulkheads and seawalls within the incorporated area of this town shall meet the requirements set forth in this division.

(Code 1983, § 151A.01; Code 1996, § 26-752)

(a)

A permit to construct bulkheads or seawalls is required.

(b)

All applications for permits for bulkheads or seawalls shall be subject to a permit fee in accordance with the town's building permit fee schedule in effect at the time of application submittal. The permit fee shall be payable at the time an application is submitted for such a permit.

(c)

Plans and specifications for any seawall or bulkhead to be constructed within the incorporated area of the town shall be submitted by an engineer registered in the state and shall bear his certification and seal on the face thereof.

(d)

The applicant for a permit under this section shall provide the town with certification by a professional engineer registered in the state that the design plans and specifications submitted for review and permitting are in compliance with the requirements of all appropriate regulatory agencies having jurisdiction at the proposed site, including but not limited to, the U.S. Army Corps of Engineers and the state department of environmental protection. No tieback system shall be anchored to any building. The bulkhead or seawall cap shall conform to the elevation of the bulkhead or seawall caps in existence on adjacent property insofar as possible.

(e)

After issuance of a construction permit and commencement of construction on any seawall or bulkhead, the work shall be subject to the following inspection requirement by the building code administrator:

(1)

The building code administrator shall be present during the first installation of king pile or support sheet and shall inspect the site prior to backfilling any anchors or tie rods and before pouring any cast-in-place construction and before final cap pouring, if applicable.

(2)

All materials shall be certified by the manufacturer to the effect that they are in conformance with the plans and specifications accompanying the permit, and copies of such certification shall be furnished to the building code administrator.

(Code 1983, §§ 151A.03—151A.06; Code 1996, § 26-753)