Map Exceptions in Coastal Areas

FEMA flood maps for coastal areas not only display flood risk zones, but also define the boundaries of areas where NFIP policies are not available to cover new construction, if it is financed by a Federally regulated lender.

The Coastal Barrier Resource System and Otherwise Protected Areas

Coastal regions are subject to greater flood risk due to storm surge pushing inland after severe weather such as hurricanes and Nor’Easters. Barrier islands that lie just beyond the mainland mitigate some of the effects of this coastal flood risk by absorbing the initial force of storm surge. Barrier islands also have beautiful scenery that attracts millions of human visitors each year.

Congress passed the Coastal Barrier Resources Act of 1982 (CBRA) to discourage development in high-risk areas as a means of minimizing loss of human life, reducing wasteful expenditures of Federal resources, and preserving the ecological integrity of areas designated as a Coastal Barrier Resources System (CBRS).

The CBRA provides this protection by prohibiting all Federal expenditures or financial assistance, including flood insurance, for residential or commercial development in areas identified as a CBRS.

The Coastal Barrier Improvement Act

In 1990, Congress modified the CBRA with the Coastal Barrier Improvement Act (CBIA), which added and deleted CBRS areas and  added Otherwise Protected Areas (OPAs). As a result, revisions were made to the Flood Insurance Rate Maps (FIRMs) for the affected communities. Both the CBRA and CBIA legislation provided 1-year grace periods for the NFIP to comply with the statutory requirements; October 1, 1983, for the 1982 Act and November 16, 1991, for the 1990 Act. The 1-year grace period for the 1990 Act applied only to the OPAs. New CBRS areas established by the 1990 Act had no grace period.

The Exceptions

Although the CBRA of 1982 and CBIA of 1990 prohibit construction in areas included in the Coastal Barrier Resources System, there is one exception. The CBIA made buildings eligible for NFIP insurance if a legally valid building permit for the construction of the building was issued and the actual start of construction began prior to November 16, 1990, and the building was not substantially improved on or after this date.

The exceptions were made to allow property owners to purchase NFIP coverage in OPAs if a legally valid building permit for the construction of the building was issued and the actual start of construction began (was walled and roofed) prior to November 16, 1991; the building was not substantially improved on or after this date; or the building is now being used in a manner consistent with the purpose for which the area is being protected, regardless of the date of construction.

More Information

Additional information about the CBRAs and OPAs is available in the Coastal Barrier Resources System section of the Flood Insurance Manual. The manual also includes a list of communities throughout the United States that have CBRA properties. Agents can access the manual on the FEMA website, or order a printed copy from the FEMA Map Service Center at 1-800-358-9616.

Agents in areas with protected beaches should remember to check these lists before writing policies for coastal properties. If a property is located in a community that is within the CBRS, the agent will need to review the FIRM to ensure the building is eligible for coverage (i.e., the building is not inside of the CBRS boundary and constructed after the CBRS designation date).

If it is unclear whether a building is located in a CBRS or OPA designated area, there is a procedure for requesting a “Final Determination” by the U.S, Fish and Wildlife Service. Certain documents and information will be required to make this determination. Consult the CBRS section of the Flood Insurance Manual for instructions.

It is very important to remember that the CBRS properties are not only located on ocean coasts; they are also located around the Great Lakes in Michigan and Ohio.

Protection, Not Prevention

The CBRA of 1982 and the CBIA of 1990 do not prevent private development, private financing, or private flood insurance (if available) in designated CBRS areas or OPAs. However, construction in these areas is subject to all applicable State and local laws, regulations, and building codes.

For additional information about the CBRS and OPAs, access the Coastal Barrier page on the FEMA website and the John H. Chafee Coastal Barrier Resource System page on the U.S. Department of Fish and Wildlife website.