Shoreline vegetation is aquatic or wetland vegetation, including, but not limited to, those plants listed in 62-340.450, F.A.C., and/or the vegetation index referenced in Orange County Code, Section 15-378(b).

Shoreline vegetation is necessary for the health and viability of a lake system. Sediments and nutrients, contributed both by stormwater runoff and recirculation within a lake’s sediments and water column, are removed by shoreline vegetation and associated wetland areas by means of filtration and recycling, resulting in clean water. Shoreline vegetation also helps prevent erosion, increases biodiversity and provides fish and wildlife habitat.

Planting vegetation along your shoreline is great for slowing runoff, catching sediment, capturing excess nutrients, and stabilizing the soil. Plants along the water’s edge also provide valuable habitat for fish and wildlife. As an extension of your backyard, your shoreline serves as a last line of defense against introducing excess nutrients such as nitrogen, phosphorus, and other harmful pollutants to your lake. Here are some things to consider:

1. Plants can slow water flow, catch runoff, and take up excess nutrients. As they absorb nutrients, they also can protect against algae growth and spread of undesirable species.
2. Planting native vegetation helps reduce exotic and invasive plant growth, which is better for the lake, increases biodiversity and may reduce your landscape management costs.
3. Native vegetation near the shoreline stabilizes sediment, which promotes better water clarity. Plants also minimize wave action, keeping your property from eroding into the lake.
4. Native emergent plants provide nursery habitat for fish and invertebrate species. Your shoreline can provide hiding spots to help young lake dwellers from becoming a predator’s breakfast!

The alteration or removal of shoreline or wetland vegetation by chemical treatment, mechanical means or by hand.

Protection of water quality during lakeshore clearing activities requires the use of BMPs. The two most common BMPs are floating turbidity barriers (aka turbidity curtains) for working in the water and silt fencing when working adjacent to water bodies. For more detailed guidelines on using silt fences, please view EPA’s document.

Orange County has a Fertilizer Management Ordinance (Chapter 15, Article XVII) to help residents decide how and when to fertilize. Following these rules makes it easy for lakefront homeowners to keep a healthy yard while protecting water quality.

1. When it comes to fertilizer, more is not better. Determine the square footage of your yard that needs fertilizer, and only use the amount directed by the package label. Grass that gets the right amount — not too little or too much — produces a dense root and shoot system capable of filtering pollutants from runoff. Limit application to one pound total nitrogen per 1,000 square feet (maximum three pounds per year).
2. Lawns and landscape plants in Florida typically receive plenty of phosphorus (P) from the native soil. Always choose a P-free fertilizer unless a soil test indicates a deficiency. Phosphorus-Free is the Way to Be!
3. Nitrogen (N) in fertilizer must comprise at least 65 percent slow-release nitrogen. By releasing N slowly, nutrients are available to your lawn and plants for an extended period, reducing nutrient leaching and saving you money. Only fertilizers containing nitrogen can be applied from October 1 to May 31 and must be at least 65 percent slow-release type. “N” that’s SLOW is the Way to Go!
4. Keep fertilizer at least 25 feet away from any lake, pond, river, canal, shoreline or wetland. Never allow fertilizer to get into the water. Maintain a 10-foot low maintenance zone adjacent to water bodies. This zone is also a fantastic place to establish buffer plantings of flowering aquatic and riparian plants to attract wildlife and further filter runoff water. Own Your Zone.
5. Broadcast spreaders must have a shield to deflect fertilizer from impervious pavement, storm drains and ditches. Always sweep up fertilizer that lands on concrete, pavement or any other hard surfaces. Never sweep or blow excess fertilizer down a storm drain. By directing fertilizer to the right place, you also save time and money. Direct and Deflect!
6. Heavy rains in Florida’s rainy season — from June 1 to September 30 — wash excess fertilizers into our lakes and streams. Never apply fertilizer 24 hours before a storm or heavy rain. In the summer, only apply fertilizer with zero nitrogen and zero phosphorus. Better yet, skip the fertilizer during the summer! Nutrients in Summer Can be a Bummer.

A permit is required to clear or modify lakeshore vegetation unless within the allowable access corridor as outlined in Chapter 15 Article VII­ Lakeshore Protection. See additional exemption details below.

In situations where a lakeshore and/or an adjacent wetland has become dominated by nuisance, invasive, or exotic vegetation, a Lakeshore Protection Permit may be issued to allow the removal of these non-beneficial species. Replanting the shoreline and/or adjacent wetland with appropriate native vegetation is required to meet 80 percent of the total coverage of native vegetation following removal of the non-beneficial species.

Where to submit: WetlandPermitting@ocfl.net

Each applicant must address and include the following information in an application submitted to Orange County Environmental Protection Division:

1. The method for reducing the nutrient concentration in both surface runoff and lake waters.
2. The location of any wetland and/or conservation easement.
3. The applicant or his authorized agent shall sign the application.
4. A list of names and addresses of adjacent property owners and any other potentially significantly affected property owners as may be determined by the Environmental Protection Department.
5. The property owner’s name and site address.
6. The Normal High Water Elevation (NHWE) value, location, and any easements.
7. Lake name, north arrow, and accurate property dimensions (including linear feet of shoreline at the NHWE).
8. A detailed depiction of existing conditions, including species and location of all existing vegetation (native and non-native).
9. A removal plan that details the specific location and species to be removed (including any submerged vegetation).
10. The specific location and species to remain.
11. A replanting plan that specifies location, species, size, spacing, and the approximate number of native plants to be replanted.
12. Note that plantings on an impaired water body or Outstanding Florida Water will require at least five different native species and must be installed on one-foot centers.
13. The method to be used for vegetation removal.
14. The means for minimizing and controlling erosion and reducing the nutrient concentration in surface runoff and lake waters.
15. An accurate depiction of the location and size of the access corridor.

1. Any person or property owner clearing an access corridor, which is a portion of the shoreline that is less than twenty (20) percent or thirty (30) feet, whichever is greater, located at or below the normal high water elevation (NHWE), provided however, that the following shoreline vegetation is specifically excluded from this exemption:
   1. Tree species listed in 62-340.450 (1), (2), (3) F.A.C.
   2. Any species listed by the Florida Department of Agricultural and Consumer Services as threatened, endangered or commercially exploited pursuant to F.S. § 581.185, as may be amended or replaced.
2. Emergency repairs on public or private projects necessary for the preservation of life, health or property, where taken to implement and accomplish the beneficial purposes of these regulations as set forth herein under such circumstances where it would be impractical to obtain approval from the Board of County Commissioners prior to making such emergency repairs.
3. Maintenance of publicly or privately owned portions of a structural stormwater or drainage control system that does not constitute major construction or rebuilding.
4. Mowing of terrestrial sod grasses which may incidentally become established on lake bottom (below NHWE) from adjacent lawns. The shoreline and lake bottom areas which can be mowed must not be inundated, and the exposed soils must be dry enough to support the mower so that incidental shoreline alteration does not occur. Disking (turning the soil with blades to uproot vegetation) is excluded from this exemption. (Note: The sodded area must have been in place over a long period of time and maintained. If this area has been allowed to re-grow with native vegetation, it does not qualify for this exemption.)
5. A property owner whose shoreline has previously been cleared where the clearing is continuously maintained. If shoreline vegetation is allowed to reestablish, this exemption from permitting shall not apply. (Note: The grandfathered date is May 31, 1983.)
6. Any activities otherwise exempt pursuant to the special acts, as amended. (Code 1965, § 36- 165; Ord. No. 83-25, § 5, 5-31-83; Ord. No. 95-5, § 4, 4-4-95)

Dead trees that are determined by EPD or an International Society of Arboriculture (ISA) certified arborist to be a hazard to property or persons can be cut at 10’ above ground elevation. Cut vegetation should remain on-site where practicable (e.g. within a conservation easement). The removal must be by hand only and no heavy equipment is allowed in a shoreline wetland or below the NHWE. If located in a community tract, then the HOA must request and be responsible for the activity.

A “Florida native plant” refers to a species occurring within the state boundaries prior to European contact, according to the best available scientific and historical documentation. Florida native plants include those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape.

Non-native plants, also referred to as exotic, are plants that have been introduced to an area from their native range, either purposefully or accidentally. The term non-native usually refers to plants from other countries, regions, or continents. Approximately 1,400 of Florida’s plants are non-native in their origin. Most non-natives do not cause problems and support human health and economic interests such as crop production and landscaping. These plants are well managed by those who grow them. Problems are often in highly disturbed areas such as roadsides or along utility corridors. A list of invasive species can be found in the Florida Invasive Species Council - FISC List of Invasive Species.

A nuisance species is a plant capable of rapidly spreading, not on the FISC invasive list, that can take over a plant community. For example, cattails can become a nuisance in areas with stabilized water levels and excess nutrients. Another typical example is vines that have become a nuisance.

Clearing shoreline vegetation and/or adding sand to create a sand beach is generally not allowed per Orange County Code, Chapter 15 within five feet of a shoreline wetland or below the NHWE, whichever is the most landward. Sand beaches are subject to the following criteria:

1. The beach was constructed before the adoption of Orange County Code, Chapter 15, Article VI, Pumping and Dredging Control, or Chapter 33, Special Districts, as applicable (1965); and,
2. Has been continuously maintained as a sand beach and free of vegetation since the adoption of Orange County Code, Chapter 15, Article VII, Lakeshore Protection Ordinance (1983); and,
3. Has had no beach sand added (i.e., beach renourishment) within five feet of the Normal High Water Elevation (NHWE) or any area that meets the definition of a wetland per Chapter 62-340 Florida Administrative Code (F.A.C).

New sand containment areas shall be located:

1. So that at no time, other than extreme conditions, do they come in contact with a surface water or wetland, defined by Chapter 62-340 F.A.C.; and,
2. Generally, at least five feet landward of the landward extent of a surface water (NHWE as determined by Orange County) or wetland; and,
3. Generally landward of the 100-year flood elevation; and,
4. Shall not adversely affect a surface water or wetland.

Sand must be stabilized by enclosing it within a structure lined with filter fabric and designed to completely retain the material to prevent the migration of sand into the adjacent surface water during times of high water. The materials used to construct a sand containment area shall not cause any contamination of the surface water.