What does the county standard say?
Article XXV of Chapter 39 of the Broward County Code, adopted as Ordinance 2020-11 on March 31, 2020, sets a minimum elevation for tidal flood barriers meant to account for sea level rise, high tides and high-frequency storm surge through 2070. It applies to new tidal flood barriers, substantial repair or rehabilitation of shorelines and shoreline structures, and fixed infrastructure attached to barriers, such as mooring structures. It does not apply to oceanfront beaches seaward of the Coastal Construction Control Line.
When a barrier undergoes substantial repair, it must be built along the property's entire shoreline, with natural limerock riprap or another approved habitat enhancement at the waterward face. Barriers that rise automatically before high tides are allowed if they do not require daily human intervention.[1]
What counts as substantial repair?
The county defines substantial repair or rehabilitation in two ways:
- Any modification to the shoreline or a shoreline structure along more than 50% of the length of the property's shoreline.
- Any modification, alteration or new appurtenant structure, such as a dock or lift, that costs more than 50% of the cost of a tidal flood barrier along the property's shoreline.[1]
Do cities have their own rules?
Yes. A Fort Lauderdale presentation explains that Broward's comprehensive plan policy, adopted in January 2020, required tidally influenced cities to adopt consistent top elevations by March 31, 2022. Fort Lauderdale's Ordinance C-23-05 (2023) uses the same 5-foot and 4-foot NAVD88 standards and caps barrier height at the property's base flood elevation or 6 feet NAVD88, whichever is lower; the City Engineer may waive the minimum where the habitable finished floor is below 4.0 feet NAVD88. Pompano Beach Code § 151.05 also sets a 5-foot NAVD88 minimum and requires plans by a Florida-licensed engineer. Confirm the current rule with your city before you design or price work.[3][2][4]
What will you see in a Broward sales contract?
For property in tidally influenced areas, contracts executed after December 31, 2020 must include a disclosure in at least 14-point bold capitals that begins: "THIS REAL ESTATE IS LOCATED IN A TIDALLY INFLUENCED AREA." It warns that the owner may have to meet minimum tidal flood barrier elevations during construction or substantial repair, or to abate nuisance flooding.[1]
Key takeaways
- Broward's minimum tidal flood barrier elevation is 5 feet NAVD88 as of 2026.
- Applications submitted before January 1, 2035 may be permitted at 4 feet NAVD88 if designed to reach 5 feet by January 1, 2050.
- Work on more than half the shoreline, or a dock or lift costing more than half of a new barrier, can trigger the standard.
- Cities such as Fort Lauderdale and Pompano Beach have their own versions, so check locally.
Sources
- [1]Broward County Code of Ordinances — Ch. 39, Art. XXV, Resiliency Standards for Tidal Flood Protection
- [2]City of Fort Lauderdale — Ordinance C-23-05, Resiliency Standards for Tidal Flood Protection
- [3]City of Fort Lauderdale — Tidal Barrier Ordinance Community Conversation presentation
- [4]City of Pompano Beach Code — § 151.05 Tidal Flood Barriers
Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.