Brevard County Barrier Island Area of Critical State Concern Project

What: Brevard County, in collaboration with Florida Commerce, is developing a new section of its Comprehensive Plan to protect the Brevard Barrier Island Area known as South Beaches.

Members of the public can provide comments or ask questions via e-mail at Zoning@BrevardFL.gov. Emailed comments received by the close of business on June 6, 2025, can be included in the agenda item. Due to schedule constraints, comments received after that date may not be included in the agenda package.

The public will have additional opportunities to provide comment on the plan during the required Public Hearings for June 16, 2025, for LPA adoption and July 17, 2025, for BOCC adoption.
Map - Area Critical State Concern
Area of Critical State Concern Map .

Background: In 2023, the Florida Legislature designated the area of unincorporated Brevard County, south of the Town of Melbourne Beach to the Sebastian inlet as an Area of Critical State Concern (ACSC). This process brings together the state legislature, state and regional regulatory agencies, and Brevard County to ensure that this area is protected.

The primary intent of this legislation is to establish a land use management system that protects the natural environment of the area, (in particular, the Indian River Lagoon), promote orderly and balanced growth of the area and ensure the population of the area can be safely evacuated in the event of a hurricane. With this designation,  development within this area will be reviewed in accordance with this new appendix and the corresponding Land Development Regulations (adopted within one year of the updated Comprehensive Plan). It is important to note the new plan and regulations do not affect existing zoning or land use in effect within this area before July 1, 2023. State agencies will also participate in review of development applications, public infrastructure projects, and policy changes. 

The new Brevard Comprehensive Plan ACSC appendix will include broad policies that will create a framework for updates to the Land Development and will be drafted in accordance with the “Guiding Principles for Development” as outlined by Florida law 380.0553 . These include:

  • Preventing the adverse impacts of development on resources critical to sea turtle habitat by prohibiting new shoreline hardening structures and enforcing existing state and county coastal construction regulations.
  • Prioritizing water quality restoration projects in the Indian River Lagoon.
  • Reducing nutrient contributions from septic tanks and wastewater facilities, stormwater discharges, and agriculture nonpoint sources into the Indian River Lagoon.
  • Supporting innovative, nature-based solutions including living shorelines, and freshwater and coastal wetland restoration.
  • Safeguarding against adverse economic, social, environmental, and public health and safety impacts posed by flooding and storm surge by protecting critical public infrastructure.
  • Protecting shoreline and marine resources, including mangroves, seagrass beds, wetlands, sea turtles, manatees, and fish and wildlife, and related habitats.
  • Protecting upland resources, including dune ridges, beaches, wildlife, and related habitats.
  • Limiting the adverse impacts of development on the quality of water throughout the Brevard Barrier Island Area and the Indian River Lagoon.
  • Enhancing natural scenic resources to promote the aesthetic benefits of the natural environment.
  • Ensuring that development is compatible with the unique characteristics of the Brevard Barrier Island Area.

Here is a link to the Downloadable Draft Brevard Barrier Island Element.

Project Timeline:

  • June 2023: HB 1489, establishing the Brevard Barrier Island Area of Critical State Concern, approved by Governor DeSantis.
  • July 2023 – July 2024: Development of draft BBIA comprehensive plan by Brevard County in coordination with state and regional regulatory agencies
  • August/September 2024: Public Education and Outreach Meeting and online survey
  • October 14, 2024: tentative LPA Transmittal hearing
  • November 7, 2024: tentative BOCC Transmittal hearing
  • November 2024 – January 2025: State Coordinated Review of the Transmitted Plan
  • Early 2025: BOCC Adoption meeting
  • 2025 – 2026: Development of land development regulations for BBIA