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Broward County adopts regulations that require property owners to fix seawalls and disclose whether property is in 'tidal-flooding area'
Broward County has enacted a pioneering ordinance that establishes minimum seawall and top-of-bank elevation standards in areas prone to high-tide flooding. This landmark legislation, passed on March 31, introduces a model code for cities within the county to adopt, aiming to ensure regionally consistent minimum standards and foster resilient investments. The standards are designed to remain effective until 2070. The 17 affected cities have a two-year window to integrate these standards into their local regulations. Failure to adopt these standards could impede future development proposals within those cities from receiving county approval.
This new law is significant as it marks the first countywide ordinance in Florida that explicitly incorporates sea-level rise, a direct consequence of climate change, into its framework. The primary objective of these standards is to prevent tidal flooding from encroaching over private seawalls or similar structures, thereby protecting adjacent private and public properties. A crucial component of the ordinance mandates that property sellers disclose if their property is situated in a tidal-flooding area and if its seawalls and other barriers are subject to these new regulations. The law specifies minimum elevations for coastal infrastructure in tidally influenced zones, requiring structures to be at least 5 feet above NAVD88, an internationally recognized sea-level height datum. This elevation requirement applies to all newly constructed, substantially repaired, or rehabilitated seawalls, banks, and berms.
Property owners are also obligated to maintain their tidal barriers in good working order. A seawall is presumed to be in disrepair if it allows tidal water to pass through or over it, causing flooding on neighboring property or public rights-of-way. Owners who fail to maintain their seawalls and allow flooding are subject to fines and must initiate repairs within 60 days of a citation, with completion required within 365 days. The ordinance further stipulates specific disclosure language to be included in property sale contracts, informing buyers that the real estate is located in a tidally influenced area and may be subject to minimum tidal flood barrier elevation standards for construction or substantial repairs.
Many waterfront property owners may lack extensive knowledge about seawalls and tidal flood barriers. The new disclosure requirement aims to enhance transparency in coastal real estate transactions, providing both current owners and prospective buyers with critical information. It is essential for them to understand that repairs or replacements of seawalls will likely necessitate permits from various governmental agencies, including local, state, and federal entities such as Broward County, the South Florida Water Management District, the Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers. The permitting process can be complex, influenced by factors such as the seawall's length and condition, impact on shoreline mangroves, construction methods (e.g., building in front of an old seawall), effects on seagrass or critical habitats, and potential impact on corals. This process often requires both biological and engineering expertise.
The financial implications are substantial, with seawall construction costs typically ranging from $1,200 to $2,000 per linear foot. Permit fees, which vary based on construction price, can range from $100 to $800 in Broward County, depending on the project's length and complexity. For highly intricate projects, obtaining all necessary government approvals could take up to 18 months. This ordinance represents a significant stride toward coastal resilience, reflecting the recognition by county officials that climate change poses serious threats to coastal living. It emphasizes the shared responsibility of local governments and private property owners in adapting to a wetter and warmer environment, asserting that adaptation efforts will falter without substantial participation and investment from residential and commercial property owners.
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