Fort Lauderdale Seawall Ordinance

ULDR Section 47-19.3

BOAT SLIPS, DOCKS, BOAT DAVITS, HOISTS AND

SIMILAR MOORING STRUCTURES

Legal Workshop on Sea-Level Rise and Flooding Nov 16, 2017

Presentation Outline

1. Establishing the need

for the ordinance

2. The policy evolution

of a seawall

ordinance

3. Key provisions

4. Implementation and

enforcement

5. Current status

These U.S. Cities Are Most Vulnerable to Major Coastal Flooding and Sea Level

Rise

Published: October 25, 2017 Research Report by Climate Central

King Tide

2015

King Tide in September 2015

Normal

High tide

Predicted

King Tide

Observed

King Tide

2.615 ft

NAVD88

Storm drain

Sea WallRoad

Yard

Storm drain ↑King tide -Saltwater

Storm drain

Sea WallRoad

Yard

Storm drain ↑King tide

Tidal Valves/ Back flow preventer

King Tide in September 2015

Estimated

threshold for

flooding in

low lying

areas in Fort

Lauderdale

1.3 feet

NAVD

Sea WallRoad

Yard

Storm drain ↑King tide

Tidal Flooding in

2014, in 2030 and

in 2045

Southeast Florida will

advance from

<10 events annually

to

240 events in 2045

240 events in 2045

Miami, FL

Likely

Possible

2030: 6-10” SLR

2060: 14-26”

Key PROPOSED Modifications :

Public Discussion Draft of Ordinance

• Adds definitions for seawall and for North American Vertical

Datum (NAVD88);

• Sets a minimum seawall elevation at 4.6 feet NAVD88;

• Sets an allowable maximum height of the seawall based on a

property’s base flood elevation;

• Requires seawall reconstruction to the minimum elevation if the

substantial repair threshold is triggered;

• Requires maintaining seawalls in good repair and sets a timeline

of 180 days for completion of repairs;

• Addresses fixed and floating docks; and

• Sets a date by which all seawalls (165 miles of waterway) must

meet the minimum elevation requirement (March 1, 2035).

NAVD88FT

Feet Above Mean Low

Tide

Condition

3.9 (5.5’NGVD29)

3.0

1.0

0.0

-2.3

6.2

5.3

3.3

2.3

0.0

Max seawall height

2 ft SLR -2060

Extreme high tide

Avg high tide (MHHW)

Avg low tide (MLLW)

Sept 2015 Tide2.6 ft

Seawall Elevations and Future Sea Level Rise

4.6 6.9 Proposed minimum seawall height

Seawall Elevations –

Why provide a range?

Minimum elevation standard

helps prevent flooding on the

property from the sea

Maximum elevation standard

helps prevents flooding the

home during rain events

Stakeholder Feedback

• Funding: Cost of compliance, source of $

• Compliance Date:

– 2035 is too long to wait to address the flooding

concerns

– Areas that aren’t flooding should not have to

raise their seawalls

– Unfair burden on owners currently in

compliance with the maximum (3.9 ft NAVD88)

Stakeholder Feedback (cont.)

• Timeline for Completion of Repairs

– Does not allow adequate time for permitting

and construction

• Exceptions:

– Doesn’t address flooding from properties with

low seawalls

– Doesn’t address properties without seawalls

Approved Seawall Ordinance

Sec. 47-19.3. - Boat slips, docks, boat davits, hoists

and similar mooring devices.

• Adds definitions for seawall, rip rap and for North

American Vertical Datum (NAVD88);

• Sets a minimum seawall elevation at 3.9 feet NAVD88;

• Recommends design of seawall for future height

adjustment up to 5.0 feet NAVD88;

• Sets an allowable maximum height of the seawall and

docks based on a property’s base flood elevation;

• Requires seawall reconstruction to the minimum

elevation if the substantial repair threshold is triggered;

• Addresses floating docks.

Approved Seawall Ordinance

Sec. 47-19.3. - Boat slips, docks, boat davits, hoists

and similar mooring devices.

Citable Offenses• Requires maintaining seawalls in

good repair and sets a timeline

of 365 days for completion of

repairs if cited; and

• Requires owners to prevent tidal

waters entering their property

from impacting others and sets

a timeline of 365 days for

remedy if cited.

1• Complaint Received

• Community Builder (Storm Ops) or Neighbor

2

• Seawall violation observed by staff• Disrepair

• Allowing tidal flows to leave the property

3• Violation verified

4• Inspection Report (Citation) drafted

5• Property Owner notified

• Need to clearly

witness flows over the

property

• ~20 properties cited in

February 2017

• Included FAQs with

the citation

Ordinance

Implementation

FAQS

1) Violation

2) Requirements for

Compliance

3) Options for

Compliance

4) Timelines for

Compliance

5) List of

Contractors

6) Estimate Costs

7) City seawalls

Seawall Citations Coming Into Compliance

Day 60

• Code follows up: Owner must demonstrate progress toward a repair or remedy

Day 180

• Code follows up: Owner must demonstrate sustained progress toward a repair or remedy

Day 365

• Code follows up: Repair or remedy must be completed and compliance verified

All 20 cited in Feb 2017

came into compliance

prior to appearing in

front of special

magistrate.

King Tides 2017: Sept 18-22 Oct 5-10 Oct 17-21 Nov 3-8 Dec 3-6

1.51.71.92.12.32.52.72.93.13.3

Tid

e h

eig

ht

(ft

ab

ov

e M

LLW

)Predicted daily high tide at Andrews Ave in 2017

Avg high tide6" above hi

Code Officers reviewed

seawalls by boat at lower

spring tides to prep for King

Tides in fall.

Early October 2017 High Tide

Oct 5

Predicted: ~7”above avg hi tide

Oct 5

Observed: ~2’ above avg hi tide

Early October 2017 High Tide

VIDEO

• 31 Citations issued• 27 tidal waters leaving property• 4 disrepair

Red properties are

more at risk to flood.

Seawalls height may

be one contributing

component.

Plug the Holes –Find the main

sources of tidal waters flooding right of ways.

Conclusions

• Ordinance is adaptable to rising sea levels.

• Targets locations where flooding is occurring

• Good compliance to date

Questions