The short answer
Under Broward County Code Section 39-407, new seawalls and seawalls that are substantially repaired or rehabilitated must be built as tidal flood barriers with a minimum top elevation of 5 feet NAVD88. Applications submitted before January 1, 2035 may be permitted at 4 feet NAVD88 if the wall is designed and built so it can reach 5 feet by January 1, 2050 (Broward County). The rule covers banks, berms, seawall caps, upland stem walls and similar barriers too, not only the wall itself.
Where the rule came from
On January 7, 2020 the Broward County Commission added Policy 2.21.7 to the county land use plan. It required tidally influenced cities to adopt regionally consistent top elevations for seawalls, banks and berms within 24 months of February 13, 2020, using Chapter 39, Article XXV of the county code as the model ordinance (Broward County). That is why the same 5 foot and 4 foot numbers show up in Fort Lauderdale, Hollywood, Hallandale Beach, Oakland Park, Dania Beach and Wilton Manors. A few cities added their own twists: Pompano Beach sets a maximum as well as a minimum, and Lighthouse Point sets its own 4.0 foot cap minimum. See seawall rules by city.
When the rule applies to your wall
The county standard is triggered by a new wall or a substantial repair or rehabilitation. The county defines substantial repair as either (Broward County):
- any modification to the shoreline or a shoreline structure along more than 50 percent of the length of the property's shoreline, or
- any modification, alteration or installation of an attached structure, such as a dock or other mooring structure, that costs more than 50 percent of the cost of a tidal flood barrier along the property's shoreline.
The second test surprises owners: a large dock project on a low wall can pull the wall into the height rule. The standard does not apply to oceanfront beaches or shorelines seaward of the Coastal Construction Control Line.
The maintenance duty and the citation clock
Section 39-407 also applies to walls that are not being rebuilt. Every owner must keep a tidal flood barrier in good repair, and a barrier is presumed to be in disrepair if tidal water flows through or over it onto a neighbor's property or the public right-of-way. That is a citable offense. After a citation, the owner must show progress within 60 days and complete repairs within 365 days. If the fix counts as a substantial repair, the owner must design, permit, build and pass final inspection on a wall that meets the elevation standard within those same 365 days (Broward County). More on handling a notice is in what to do after a seawall citation.
Design rules that come with the height
- Barriers must stop tidal water from flowing through while still relieving water pressure from the land side.
- Where practicable, a barrier should tie into the neighbors' barriers to close gaps.
- A substantial repair has to be built along the property's entire shoreline, not only the damaged section.
- Tidal flood barriers need natural limerock rip-rap or another approved habitat feature at the water face, and the county encourages living shoreline features where practicable.
Each of these comes from Section 39-407 (Broward County). Your city's version may word them a little differently, so check your city's code before you design.
How to tell where your wall stands
NAVD88 is a survey datum, not a height above the water or your lawn. A survey or an engineer's measurement tells you the top of your wall in feet NAVD88. Broward's owner notice shows the math for how much wall will be visible: subtract your land elevation from 5 feet NAVD88. If the yard at the wall sits at 4 feet NAVD88, the finished barrier stands about 1 foot above the ground. If the shoreline is already at 5 feet NAVD88 or higher, the notice says no additional barrier is needed under the policy (Broward regional standard notice, as published by Pompano Beach).
Selling a waterfront home
Broward County Code Section 39-408 calls for a tidal flood barrier disclosure in contracts for the sale of property in tidally influenced areas, and cities such as Hallandale Beach point owners to it directly (Hallandale Beach Sec. 8-91). A seawall inspection and a survey elevation give both sides real numbers to work with.
If your wall is low, overtopping at king tide or due for work, we connect Broward owners with licensed, insured local seawall contractors. Request a free quote.