Florida is the “Sunshine State”, but its location and elevation—averaging only 30m above sea level—mean flooding and hurricane damage are common. Perhaps because of this, it also has some of the strictest building codes in the US. So, even if you have experience with planning applications in other states, you might want to adjust your process when planning any new developments in Florida. In this guide, we will take you through some of the most important considerations, helping you to prepare and submit your application.
1. Understanding Planning Applications
In Florida, the primary purpose of planning applications is to ensure that developments adhere to the state’s zoning laws, environmental protection standards, and community welfare guidelines. A planning application must be submitted for all new developments—residential, commercial, or industrial—and if you want to change the use of land. Depending on the scale and scope of the project, a planning application might also need to be submitted when you want to modify an existing structure.
Florida has specific laws to protect its natural resources, coastal areas, and wetlands. As a result, planning applications are reviewed to ensure that developments do not negatively impact these sensitive areas.
2. Pre-application Process
Before submitting a formal planning application, developers are encouraged to initiate a pre-application process. This involves discussions with the local planning department to assess the feasibility of the proposed project and identify any potential issues that could arise during the formal application stage. In some counties and municipalities—such as North Miami and Hollywood—a pre-application is mandatory.
The pre-application meeting allows developers to:
- Understand specific local zoning regulations.
- Identify any environmental concerns, especially if the project is near Florida’s wetlands or coastal regions.
- Gain insights into community concerns or preferences.
- Obtain initial feedback from planners that may help in refining the project.
Taking advantage of the pre-application process can reduce the chances of rejection later on and speed up the overall planning process.
3. Florida Planning Laws and Regulations
Florida’s planning laws are influenced by both local and state regulations. The Florida Department of Economic Opportunity oversees the state’s planning framework, but each county and city can impose its own set of rules and zoning codes.
Key Planning Laws:
- Zoning Regulations: Zoning codes define how specific parcels of land can be used—whether for residential, commercial, industrial, or mixed-use purposes. As a developer, you must ensure your projects align with the zoning classification of the property.
- Comprehensive Plans: Each county and municipality in Florida is required to adopt a comprehensive plan. These plans guide long-term growth and development in the region. Your projects should conform to these plans, particularly regarding land use, transportation, housing, and environmental policies.
- Environmental Protection: Florida places a strong emphasis on environmental protection, particularly in regard to its wetlands and coastal areas. Developers must comply with environmental regulations from agencies like the Florida Department of Environmental Protection (FDEP) and the US Environmental Protection Agency (EPA).
- Building Codes: Florida’s building codes are some of the strictest in the country, particularly due to the state’s susceptibility to hurricanes. Developers need to ensure their buildings comply with these safety standards.
Understanding these laws is critical before submitting a planning application, as failing to adhere to them can result in costly delays or rejections.
4. The Application Process
Once the pre-application process is complete and you’ve familiarized yourself with Florida’s planning regulations, you’re ready to submit the formal planning application. This process typically involves several key steps:
- Application Submission: Submit your application to the local planning authority, along with supporting documentation such as site plans, architectural drawings, and environmental impact assessments. Ensure that all required forms and fees are submitted to avoid delays.
- Public Notice and Consultation: In many cases, planning applications in Florida must be made available for public consultation. This allows residents and community groups to provide feedback or raise concerns about the proposed development.
- Review and Assessment: The planning department reviews the application, assessing its compliance with local zoning regulations, comprehensive plans, environmental laws, and building codes. This may involve consultations with other governmental bodies, such as the FDEP or local environmental agencies.
- Planning Committee Hearing: For larger or more contentious projects, the application may be presented to a planning committee for approval. Developers are often invited to attend and answer any questions or concerns raised during this process.
- Decision: Once the application has been reviewed, the planning authority will either approve, reject, or request modifications to the proposed development.
5. Dealing with Rejections and Appeals
If your planning application is rejected, it’s important not to be discouraged. Rejections are a common part of the planning process, but there are steps you can take to address the issues and potentially move forward with your project. The first step is to carefully review the reasons provided by the planning authority. Often, rejections stem from non-compliance with zoning regulations, environmental concerns, or conflicts with the local comprehensive plan. Understanding these reasons will give you a clearer idea of how to adjust your proposal.
In many cases, developers can make modifications to their plans to resolve the issues raised by the planning authority. These changes might involve adjusting the scale of the project, altering its design, or incorporating additional environmental safeguards. If you address the specific concerns outlined in the rejection notice, you can often resubmit the revised application with a better chance of approval.
If you feel the rejection was unjust, you may have the option to appeal the decision. The appeals process allows you to present your case to an independent planning inspector or a designated planning board. This is a more formal process, and it’s essential to have strong, evidence-based arguments to demonstrate why the original decision should be overturned. Appeals take time and result in additional costs, but they can be a valuable recourse if you believe the initial review was flawed or overly restrictive.
6. Timeline and Expected Duration
The timeline for processing a planning application in Florida can vary depending on the complexity of the project, the location, and the workload of the local planning department. On average, the process can take between 3 to 6 months from submission to final approval. However, larger developments may take longer, especially if public consultations or environmental impact assessments are required.
The pre-application process may take an additional 1 to 2 months, and developers should factor this into their project timelines. If an application is rejected and requires modifications or an appeal, this can add several months to the overall process.
7. Planning Application Costs and Fees
Planning application costs in Florida vary depending on the size and scope of the development, as well as the local government’s fee structure. The fees typically cover administrative costs, site inspections, and any public notices required for the project.
Here’s an overview of common fees involved:
- Application Fee: This can range from a few hundred to several thousand dollars, depending on the size of the project.
- Environmental Impact Assessments: If required, these add significant costs to the application process.
- Consultant Fees: Many developers hire consultants to help ease the planning process, particularly for larger or more complex projects. Consultant fees can vary widely but should be factored into the overall budget.
- Appeal Fees: If an appeal is necessary, there are often additional costs involved in presenting the case to the planning board.
You should always budget for these costs.
8. Technology and Online Resources
In recent years, technology has made the planning application process more accessible and streamlined. Many local governments in Florida now offer online submission portals, allowing developers to submit and track their applications digitally.
One valuable tool for developers is Archistar’s eCheck. Archistar’s eCheck platform simplifies the pre-application phase by allowing developers to assess the feasibility of their projects online. Local planning departments that use Archistar’s eCheck allow you to:
- Instantly check zoning regulations for your site.
- Understand potential constraints, such as environmental or heritage protections.
- Ensure your project aligns with local planning requirements before submitting an application.
Checks against these and other criteria are carried out instantly, so you can modify your planning application accordingly, without waiting weeks for a rejection first. If your application passes these checks, it is submitted to the planning department for manual review.
The planning application process in Florida can be challenging, but with the right preparation, it’s possible to minimize delays and increase your chances of success. Even if it isn’t mandatory, you should try to schedule a pre-application meeting to eliminate any avoidable mistakes. And you can also encourage the local planning department to arrange for a demo of eCheck by Archistar. This would allow them to see how this technology can make the planning process easier for them and developers.
