What Is a Submerged Land Survey in Florida?

1. What Are Submerged Lands in Florida?

Submerged lands are areas beneath navigable or tidally influenced waters. In Florida, many such lands are held by the state as sovereign submerged lands.

The Florida Department of Environmental Protection (DEP) explains that these lands can include areas waterward of the ordinary or mean high-water line, subject to applicable legal definitions and historical conveyances.

However, not every underwater area is state-owned. Certain submerged lands may be privately owned through valid historical grants, deeds or other conveyances.

This distinction matters when buying waterfront property because owning the land beside a canal or bay does not automatically mean you own the underwater land in front of it.

Official resource: Florida DEP — Sovereign Submerged Lands

2. What Does a Submerged Land Survey Show?

The scope depends on the survey's purpose and the property involved. A survey prepared for a submerged-land lease or easement application may document items such as:

• The proposed submerged-land parcel and its boundaries.
• The relationship between the underwater area and the adjacent upland property.
• Survey measurements, coordinates and legal descriptions.
• Existing or proposed docks, piers or other marine structures, where relevant.
• Boundaries or ownership information needed for the application.

A submerged land survey is not automatically a title opinion, environmental assessment or confirmation that a dock is legally permitted.

The surveyor should establish the scope of work based on the transaction, the applicable DEP requirements and the questions that need to be resolved.

3. Do I Need One When Buying a Waterfront Home in the Florida Keys?

Not necessarily.

For a typical purchase, a standard boundary survey and a title review may be appropriate starting points. A specialized submerged land survey may be needed if the transaction involves a submerged parcel, a lease or easement, disputed boundaries, or certain proposed waterfront improvements.

You should investigate the need for additional survey work when:

• The property includes a dock, pier or other marine structure.
• You plan to build, expand or replace a dock.
• The legal description or boundary between upland and submerged property is unclear.
• A submerged-land lease or easement is part of the transaction.
• Ownership records suggest historical conveyances of underwater land.
• A survey, title professional or permitting agency identifies an unresolved issue.

Ask your real estate agent, title professional and a qualified Florida land surveyor to determine what documentation is appropriate before closing.

4. Does Owning Waterfront Property Mean I Own the Land Under the Water?

No, not automatically.

Florida recognizes riparian rights associated with qualifying waterfront property, including certain rights related to access, boating and other uses. These rights are distinct from ownership of the submerged land itself.

The state holds title to many sovereign submerged lands, while certain underwater parcels may be privately owned under valid historical conveyances.

The property's deed, title history, applicable water boundaries and relevant legal records all matter.

If you intend to build or modify a dock, do not assume that owning the upland property alone gives you unrestricted rights to construct a structure over the water.

Legal resource: Florida Statutes § 253.141 — Riparian Rights

5. How Do Submerged Land Surveys Affect Docks and Boat Lifts?

A survey can help establish the location and extent of a proposed marine structure or submerged parcel. It does not, by itself, authorize construction.

Depending on the location and project, a dock, pier or boat lift may require environmental permits, authorization to use state-owned submerged lands, or other local and state approvals.

Before purchasing a property or planning improvements, verify:

• Whether the existing structure has the required permits.
• Whether the permits and authorizations remain valid and apply to the current owner.
• Whether any submerged-land lease or easement exists.
• Whether the proposed structure can meet applicable environmental and navigation requirements.
• Whether the existing structure matches the approved plans and survey.

Florida DEP explains that certain projects on sovereign submerged lands may require both regulatory approval and proprietary authorization to use the land.

Official resource: Florida DEP — Submerged Lands Management

6. What Records Should I Check Before Buying?

If you're purchasing a waterfront home in Key Largo, Islamorada, Marathon, Key West or another Florida Keys community, ask your title professional and relevant agencies to help review the records applicable to the property.

Useful documents may include:

Property and title records

• Current deed and legal description.
• Title commitment and relevant exceptions.
• Existing boundary or waterfront surveys.
• Recorded easements and access rights.

Waterfront structure records

• Dock, pier and boat-lift permits.
• Approved plans and inspection records, where available.
• Submerged-land leases or easements, if applicable.
• Documentation of ownership or authorization for existing structures.

Additional property information

• Applicable environmental restrictions.
• Flood-zone information and insurance requirements.
• Any known boundary, access or permitting disputes.

A survey can clarify physical boundaries, but a title review and permit search are separate parts of due diligence.

7. Who Can Help With a Submerged Land Survey?

Start with a Florida-licensed professional surveyor and mapper who has experience with waterfront boundaries and submerged-land applications.

Depending on the issue, you may also need:

• A real estate attorney or title professional to review ownership and legal rights.
• Florida DEP to clarify submerged-land authorization requirements.
• Monroe County or the relevant municipality to verify local permits.
• A qualified marine contractor or inspector to evaluate an existing dock or seawall.

Florida DEP provides information on submerged-land management and contacts for title and permitting questions.

Official contact resource: Florida DEP — Submerged Lands and Environmental Resource Permitting Contacts