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Ms. Avery-Smith practices in the areas of land use, environmental and real estate law, including all aspects of real estate transactions from pre-purchase due diligence to entitlement of land to purchase and development of property. She often serves in a strategic management role of consultant teams on large and complex projects and has negotiated development orders, development agreements, school concurrency agreements, mitigation agreements and other documents establishing development rights. Ms. Avery-Smith also represents private landowners in obtaining federal, state and local permits associated with wetland impacts from construction projects and with creation of wetland mitigation and conservation banks. She is a member of the firm's Regulatory and Real Estate departments.



  • Obtained first Development of Regional Impact Essentially Built-Out Agreement in North Florida.
  • Negotiated Development of Regional Impact Development Order modifications to tie transportation mitigation to building permits, not dates certain.
  • Represents residential, commercial and mixed-use developers in obtaining development of regional impact, comprehensive plan, zoning and other land use entitlements.
  • Represents private property owners in obtaining wetland impact, mitigation bank and conservation bank permits.
  • Obtains marina permits from local, state and federal agencies on behalf of riparian landowners.
  • Routinely appears before municipal, county, water management district and
    other local and state governing bodies to obtain permits and other approvals for
  • Represents clients in administrative hearings before Division of Administrative
    Hearings, Florida Land and Water Adjudicatory Commission and other agencies.
  • Counsels clients on pre-purchase due diligence matters through post-purchase
    horizontal and vertical development.
  • Counsels clients on redevelopment of existing projects.
  • Handles complex real estate transactions.
  • Represents developers in formation of homeowners associations, commercial
    property owners associations, community development districts and



Contact Info:

Direct 904.824.0879



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ELLEN M. AVERY-SMITH - America's Top 50 Environmental Lawyers - Florida

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