Blog : A Guide to Local Land Surveying Regulations in South Florida

A Guide to Local Land Surveying Regulations in South Florida

Land surveying is an essential step in many property transactions, construction projects, and land developments. In South Florida, like in any other region, land surveying is governed by a set of regulations that ensure accuracy, compliance, and the protection of property rights. Understanding these regulations can help developers and real estate professionals navigate the complexities of local land use and avoid potential legal pitfalls.

In this guide, we’ll walk you through the key land surveying regulations in South Florida, focusing on what you need to know for your next project.

Why Are Land Surveying Regulations Important in South Florida?

South Florida, comprising Miami-Dade, Broward, and Palm Beach counties, has unique geographic and environmental challenges. The region is known for its coastal areas, wetlands, high water tables, and hurricane risks. Because of these factors, local land surveying regulations are in place to ensure that properties are accurately measured, safely developed, and legally compliant.

1. Licensing and Qualifications for Surveyors

In South Florida, all land surveyors must be licensed by the Florida Board of Professional Surveyors and Mappers (FBPSM), which is part of the Florida Department of Agriculture and Consumer Services (FDACS). To become licensed, surveyors must:

• Complete a degree in surveying or a related field from an accredited institution.
• Pass the Fundamentals of Surveying (FS) exam and the Principles and Practice of Surveying (PS) exam.
• Accumulate a specific amount of professional experience under the supervision of a licensed surveyor.
• Pass the state-specific Florida Jurisdictional Exam.

When hiring a surveyor, ensure they are properly licensed and insured to conduct work in South Florida. You can verify a surveyor’s license status through the FBPSM’s online database.

2. Types of Surveys and Their Requirements

Different types of surveys may be required depending on the specific needs of your project or transaction. Here are some common types of surveys conducted in South Florida and their associated requirements:

• Boundary Surveys: Establish property lines and corners and are essential for real estate transactions, property disputes, or new construction. Boundary surveys must conform to the Minimum Technical Standards (MTS) set by the Florida Administrative Code (FAC), Rule 5J-17.050-053.
• Topographic Surveys: Provide information about the contours, elevations, and physical features of a property. These surveys are crucial for development projects, especially in areas with unique geographic features like wetlands or flood zones. They must comply with MTS standards and include detailed elevation data.
• ALTA/NSPS Land Title Surveys: Often required for commercial real estate transactions, these surveys are conducted according to the standards set by the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS). These surveys provide detailed information about property boundaries, improvements, easements, and encroachments and are often required by title insurance companies.
• Elevation Certificates: In flood-prone areas of South Florida, elevation certificates are often required to determine a property’s flood risk and insurance rates. These surveys must adhere to the guidelines set by the Federal Emergency Management Agency (FEMA) and are typically required by local municipalities for construction permits in designated flood zones.

3. Local Zoning and Permitting Requirements

Each county and municipality in South Florida has its own set of zoning laws and permitting requirements. These rules govern how land can be used, what types of structures can be built, and where those structures can be placed.

• Miami-Dade County: Requires all new developments to comply with the Miami-Dade County Zoning Code, which includes regulations for lot size, building setbacks, and use restrictions. A survey may be required as part of the permitting process to demonstrate compliance with zoning laws.
• Broward County: Has its own Land Development Code, which outlines zoning districts, land use categories, and development standards. Surveys are typically required for obtaining building permits, resolving boundary disputes, or determining flood zone status.
• Palm Beach County: Enforces the Unified Land Development Code (ULDC), which governs land use, zoning, and development within the county. Surveys are necessary for site plans, plat approvals, and compliance with setback requirements.

Local municipalities may have additional regulations, so it is crucial to check with your city or town’s building department for specific requirements.

4. Environmental Regulations and Coastal Concerns

South Florida’s proximity to the ocean and its abundance of wetlands mean that many properties are subject to additional environmental regulations. Surveys in these areas must consider:

• Wetland Delineation: Properties near wetlands or in environmentally sensitive areas may require a wetland delineation survey. This type of survey determines the boundaries of wetland areas to ensure compliance with state and federal regulations, such as the Clean Water Act.
• Coastal Construction Control Line (CCCL): In coastal areas, the CCCL is established by the Florida Department of Environmental Protection (FDEP) to protect the state’s beaches and dunes. Construction activities seaward of the CCCL require a special permit, and a survey may be needed to demonstrate the location of the CCCL relative to the proposed development.
• Flood Zone Compliance: Properties located in FEMA-designated flood zones may require special surveys, such as elevation certificates, to comply with local and federal regulations. These surveys are essential for determining base flood elevations, which affect building codes and insurance rates.

5. FEMA Flood Zone Regulations

South Florida is particularly susceptible to flooding, so local regulations often require land surveys to determine flood zone designations. FEMA’s flood maps categorize properties into different flood zones, which can affect:

• Building and Development Codes: Properties in high-risk flood zones may face stricter building codes, such as elevated foundation requirements.
• Insurance Requirements: Mortgage lenders often require flood insurance for properties in certain flood zones. An elevation certificate, a type of land survey, is usually necessary to determine flood insurance rates.

6. Platting and Subdivision Regulations

If you are subdividing a parcel of land in South Florida, you must comply with local platting regulations. These regulations vary by county but generally require:

• Plat Maps: A detailed survey map showing the proposed subdivision, including lot lines, easements, roadways, and utility placements.
• Approval from Local Authorities: Plat maps must be reviewed and approved by local planning departments, and sometimes the county commission. The approval process includes verifying that the subdivision complies with local zoning and development standards.
• Adherence to Minimum Lot Sizes and Setbacks: Each county has specific requirements for minimum lot sizes, setbacks, and access, which must be reflected in the survey.

7. Legal Descriptions and Accuracy Standards

The accuracy of legal descriptions in deeds and property records is critical. Inaccurate or vague legal descriptions can lead to disputes or even render a property transaction invalid. Florida law requires all legal descriptions to be precise and based on reliable survey data.

Local governments often require a certified survey to update or correct legal descriptions before issuing permits or approving transactions.

8. Addressing Boundary Disputes

Boundary disputes are common in South Florida due to dense development and varied land use. To resolve these disputes, a professional boundary survey may be required. The surveyor will:

• Research historical records, deeds, and previous surveys.
• Conduct a physical survey to determine property lines accurately.
• Prepare a survey report and map that can be used in legal proceedings if necessary.

Navigating the land surveying regulations in South Florida can seem complex, but understanding these requirements is crucial for any developer or real estate professional. Working with a licensed and experienced surveyor familiar with local regulations will ensure that your property survey is accurate, compliant, and meets all necessary standards.

By being aware of the various local and state regulations, you can avoid potential legal issues, protect your property rights, and ensure a smooth and successful project from start to finish.

If you’re planning a project or need a land survey in South Florida, reach out to our office and a qualified local surveyor who understands the nuances of the region’s regulations and can guide you through the process.

About Stoner

Since 1988, Stoner has continually provided the highest level of quality service to each and every project. Staying true to the company mission statement of Experience, Excellence, Service and Technology: These are the watchwords that we apply to each of our clients’ projects. Today, the company services the greater South Florida area including Broward, Miami-Dade, Palm Beach and Monroe Counties. Allowing the team of professionals to deliver critical surveying services in a timely manner to both the private sector and the government.  For more information on Stoner please call (954) 585-0997or visit www.stonersurveyors.com.