Tag: broward county

Sea Level Rise Flooding is Forcing Coastal Communities to Pass Seawall Height Mandates for Real Estate Owners

We’ve all heard the saying “A chain is only as strong as its weakest link.” The same is true for seawalls. A coastal community can strive to build a solid line of seawalls high enough to prevent ever-worsening sea level rise flooding, but if one public or private seawall in the series isn’t high enough to deal with the the next extreme tide event, floodwaters can inundate nearby real estate.

This reality is forcing communities to consider seawall height requirement ordinances similar to a law passed a few years ago in Broward County, Florida. According to the county’s “Build It High, Keep It Dry” brochure: “All property owners must maintain a tidal flood barrier in good repair. A tidal flood barrier is presumed in disrepair if it allows tidal waters to flow unimpeded through or over the barrier and on to adjacent property or rights-of-way. If a property is reported and documented to cause flooding of adjacent roads for neighboring properties it will be cited and required to prevent flood trespass within one year.”

The county says the seawall ordinance, the first in Florida, benefits property owners because it encourages them to budget for seawall adaptations before flooding occurs, which also protects their property value. A list of action steps recommended by the county includes determining the property elevation, gathering construction quotes, considering financing options, hiring an experienced contractor (who will get the required permits from the city, county, state and U.S. Army Corps of Engineers), and actually constructing the new seawall or flood barrier.

The impact of the new seawall ordinance on real estate owners is substantial. For example, a property owner can be fined for failing to maintain seawalls that prevent flooding. They are also required to disclose to buyers that seawalls are covered by the new law. A contract for sale in an affected area must state the following: “This real estate is located in a tidally influenced area. The owner may be required by county or municipal ordinance to meet minimum tidal flood barrier elevation standards during construction or substantial repair or substantial rehabilitation of seawalls, banks, berms, and similar infrastructure when required to abate nuisance flooding.”

Buyers, sellers, owners and real estate agents need to pay attention to the passage and implementation of seawall height requirement laws in their communities. The cost to repair or replace a seawall can run into tens of thousands of dollars — or even more — depending on factors such as the length of the seawall, its design, and the construction materials used. Real estate agents should encourage buyers to have seawalls inspected before submitting an offer. They should also make sure that sellers include any required language regarding local seawall ordinances in sales contracts.

Owners, too, should consider getting their seawalls inspected to make sure they meet the local codes. Inspection results will also help them to budget for any current or future repairs that may be needed. Seawalls typically last 30-50 years before they need to be replaced, but sea level rise, which is accelerating as the climate warms, may shorten their lifespan.

As with all laws that attempt to address global warming and sea level rise flooding, the new seawall height ordinances are bound to result in property owner lawsuits. The truth is, however, that lawsuits are not going to stop sea level rise — reducing the release of greenhouse gases will — and, ultimately, someone is going to have to pay the freight to upgrade seawalls to prevent flooding to extend the time that coastal communities will be inhabitable. Buyers and owners need to assess the cost to make informed real estate decisions.

FEMA’s Updated Flood Maps Will Impact Flood Insurance Premiums in South Florida

The Federal Emergency Management Agency (FEMA), which administers the National Flood Insurance Program, has been touring South Florida to inform real estate owners about how proposed flood maps based on the latest data will impact their flood insurance premiums.

Owners whose property is included in flood zones will pay higher premiums under the new maps that will take effect in 18 months to two years. Experts recommend that they purchase flood insurance now, before insurance premiums spike under the new designation. If they act now, they will not have to pay the substantially higher rates new policy buyers will have to pay as their existing policies will be grandfathered in when the zones change.

The new maps aren’t all bad news. With the new data removing some properties from flood zones, some lucky owners may actually see a reduction in flood insurance premiums.

People involved in real estate in coastal areas need to keep in mind that FEMA maps don’t consider future sea level rise or king tide flooding. Buyers especially need to perform due diligence to find out if a property experiences sea level rise flooding or may experience flooding in the period they expect to own it. Not knowing a property’s flooding status could result in a loss of property value and higher carrying costs, including maintenance, flood insurance, taxes and condo and homeowners association fees.

Local governments have officials who can help property owners who missed the FEMA meetings to decide what to do next.

Influential South Florida Newspaper Calls for Federal and State Leadership on Sea Level Rise

As South Florida and the Keys recover from a difficult season of king tide sea/ level rise flooding, the Sun Sentinel published an editorial earlier this month that listed the many challenges the region is already facing from flooding and the many ways federal and state leaders are failing to adequately address the problem.

Among the concerns are neighborhoods that were flooded for months during the fall because higher seas gave the floodwaters nowhere to drain, commercial flood insurance premiums jumping 18 percent a year in parts of the Keys that may put them completely out of business in five years, and threats to corals, birds and fish due to warmer ocean temperatures and acidification in a region that depends on the natural world for tourism.

The newspaper’s editors commended the Southeast Florida Regional Climate Change Compact, which is comprised of South Florida and Keys county governments and governing bodies overseeing over 100 cities and two Native American tribes in the region, for demanding action now to take on the challenges posed by sea level rise flooding. They also commended Gov. Ron DeSantis for sending his chief resilience officer, Julia Nesheiwat, to the 11th annual climate summit held this fall in Key West, even if he had to cancel his appearance at the last minute due to “extenuating circumstances.” But they’re critical of Florida Senators Rick Scott and Marco Rubio for making zero effort to attend or send representatives to help them address the problems. (Maybe they’ll overcome their climate change denialism when more of South Florida real estate is inundated.)

What’s clear from the editorial and out every-day experience in the region is that South Florida and the Keys need strong federal and state leadership and financial assistance to address sea level rise flooding NOW. Ignoring the threat rising flood waters pose to our way of life won’t make them go away. We’re at the front line of the battle against sea level rise, but other coastal communities in the U.S. are starting to wake up to the same siren.

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