Coastal Barrier Resources System
Congress passed the Coastal Barrier Resources Act (CBRA) in 1982, and the Coastal Barrier Improvement Act (CBIA) in 1990, defining and establishing a system of protected coastal areas (including the Great Lakes) known as the Coastal Barrier Resources System (CBRS). Coastal barriers are unique landforms that serve as a protective barrier against the forces of wind and tidal actions caused by coastal storms. In addition, coastal barriers provide a protective habitat for a variety of aquatic species. The CBRA was initially enacted to reduce or restrict Federal actions that were believed to encourage development in certain undeveloped coastal barrier areas, including both islands and mainland property. While the CBRA and CBIA do not prevent private financing and development within the CBRS, they do limit financial assistance by Federal agencies. Any form of expenditure of federal funds for a loan, grant, guarantee, insurance payment, rebate, subsidy, or any other form of direct or indirect Federal assistance within the CBRS is prohibited, with specific and limited exceptions.
The CBIA also established CBRS units designated as “Otherwise Protected Areas” (OPAs). OPAs are undeveloped coastal barriers within the boundaries of an area established under Federal, State, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. Within OPAs, only the issuance of new Federal flood insurance is prohibited. Federal flood insurance may be obtained for a structure located in the OPA if written documentation is provided certifying that the structure is used in a manner consistent with the purpose for which the area is protected.
Areas to be added to the CBRS are identified by the Department of the Interior, U.S. Fish and Wildlife Service, and recommended to Congress. On the date that Congress approves additions to the CBRS, Federal assistance prohibitions apply to the new areas. In cooperation with the Department of the Interior, the Federal Emergency Management Agency (FEMA) transfers the CBRS boundaries to Flood Insurance Rate Maps (FIRMs) using congressionally adopted source maps entitled Coastal Barrier Resources System. FIRMs clearly depict the different CBRS areas and their effective dates with special map notes and symbols. Although FEMA shows CBRS areas on Flood Insurance Rate Maps, Congress is the only entity that may authorize or initiate a revision to boundaries of the CBRS.
Federal flood insurance is unavailable in CBRS areas for new construction or substantial improvement to existing structures occurring on or after the CBRS area's effective date. Federal flood insurance is available if the building was constructed (or permitted and under construction) before the CBRS area's effective date. If an existing insured structure is substantially improved or damaged, any Federal flood insurance policy will be canceled. If a Federal flood insurance policy is issued in error, it will be cancelled and the premium refunded: no claim can be paid, even if the error is not found until a claim is made.
The easiest way to determine whether a particular property is located in the CBRS is to visit the FEMA website at http://www.fema.gov/nfip/cobra.shtm. The viewer may select a state and receive a listing of communities with CBRS areas. Within the community a listing of FIRM panels that contain CBRS areas will be given. If the property is located on a panel that contains a CBRS area, you may look at the FIRM to determine the relationship of the property location relative to the CBRS area. If you should need a determination of whether the property is in a CBRS area, you may contact the U.S. Fish and Wildlife Service at the numbers listed below.
For more information on CBRS, questions should be directed to the Coastal Barrier Coordinator at the U.S. Fish and Wildlife Service at:
- (413) 253-8657 CT, DE, MA, ME, MD, NJ, NY, RI, VA
- (404) 679-7106 AL, FL, GA, LA, MS, NC, PR, SC, VI
- (612) 713-5350 MI, MN, OH, WI
- (505) 248-6454 TX
