Byron Flagg

Byron D. Flagg


Byron D. Flagg


  • Overview


    Byron Flagg, a member of the firm’s Real Estate + Development Group, handles land use permitting and litigation.

    Land Use Permitting

    Mr. Flagg represents businesses and developers before municipal land use boards and commissions to help clients secure necessary approvals for their projects. He handles planning, zoning, and wetlands permits and applications. He has represented private property owners in North Central Florida before local government boards for site plan applications, cell tower variances, special use permits, building permits, zoning matters, and flood plain issues.

    Mr. Flagg has conducted in-depth legal review and analysis on environmental resource permit applications for several large-scale projects in Florida, including waterfront resort development, a private rocket manufacturing plant at NASA Kennedy Space Center’s “Exploration Park,” a post-storm shoreline restoration effort, and wetland mitigation banks.

    Land Use – Litigation

    Mr. Flagg handles litigation related to land use and property rights, including appeals of zoning and permit decisions.

    He litigated a constitutional property rights claim involving flooding and inverse condemnation against local governments, and has litigated private easement rights disputes. He also has handled litigation involving property issues and regulatory enforcement actions.

    Prior to joining Robinson+Cole, Mr. Flagg was an assistant general counsel for the St. Johns River Water Management District (a state agency that manages water resources and regulates wetlands across 18 counties), where he represented the district in litigation and regulatory matters. Before that, he worked for several years as a land use and environmental lawyer, representing private property owners in Florida in front of local government boards for land use applications, as well as serving as counsel to municipalities on comprehensive planning matters and land development regulation revision. He is a veteran of the U.S. Coast Guard who was called to active duty following the September 11, 2001 terrorist attacks and during Operation Iraqi Freedom. He is also a former Assistant State Attorney who represented the state of Florida in felony and misdemeanor criminal prosecutions. He served as State Attorney Representative on the Alachua County Environmental Crimes Task Force, a role which involved regularly advising state, county, and city code enforcement officers.  

  • Experience
    • Experience


      • Provided in-depth legal review and analysis of environmental resource permit application for a waterfront resort development project submitted to a water management district in Florida.  Issues involved lease agreements between public entity and private developer, use of a federally owned canal right of way, navigation and boat dock regulations, mangrove regulation and manatee protection regulations.

      • Conducted legal review and analysis for a shoreline restoration project at Canaveral National Seashore, which had an eroded shoreline due to Tropical Storm Colin in June 2016.

      • Conducted legal analysis for an environmental resource permit application for a private rocket manufacturing facility at Kennedy Space Center ("Exploration Park"), including review of wetland and surface water impacts.

      • Provided legal analysis of and wrote necessary amendments to comprehensive plans and land development regulations for small Florida municipalities. 

      • Represented single family residential homeowners in inverse condemnation litigation against local government regarding maintenance of stormwater management infrastructure.

      • Represented religious non-profit organization in dispute regarding ad valorem property tax exemption.

      • Successfully defended employee of a hotel corporation who was accused of violating a state felony environmental crime in state criminal court.

    • Professional Associations

      Professional Associations

      Florida Bar Association
      Environmental and Land Use Section
      City, County and Local Government Law Section
    • Community Involvement

      Community Involvement

      Hogtown F.C.

      Leadership Gainesville (2013)

      Business Community Coalition's Public Leadership Institute (2013)

      Florida Defenders of the Environment
      Advisor (2012 - 2014)

      City of Gainesville Development Review Board (2011 - 2013)

      City of Gainesville Energy Advisory Committee (2012 - 2014)
    • Publications


      "Boating, Waterways & the Rights of Navigation in Florida," 2nd, 3rd & 4th ed., published by Florida Sea Grant (2015)

      "Florida's Forgotten Ports: Will the Smaller Ports of Florida Survive and Thrive in the 21st Century," published by University of Florida, Levin College of Law, Conservation Clinic (September 2011)

      "The Withlacoochee River Watershed: Biophysical and Regulatory Characteristics," published by University of Florida, Levin College of Law, Conservation Clinic (May 2011)

    • Presentations


      "The Legal, Planning and Design Implications of Sea-level Rise for Landscape Architects," at Florida Chapter of the American Society of Landscape Architects, Annual Conference & Expo (July 2013)

      "Any Port Law in the Storm? How Ports Legislation Can Help Working Waterfronts," at National Working Waterfronts Symposium (2013)

      "Anchoring Away, Local Government Regulation and Rights of Navigation in Florida," at Florida Sea Grant "Stem to Stern" Conference (2011)