Who is responsible for maintaining a seawall in Broward and Palm Beach County?

The owner of the property where a seawall sits is generally responsible for keeping it in good repair, and Broward County's code states that all property owners must maintain a tidal flood barrier in good repair and makes failure to do so a citable offense. Before you buy, have the wall professionally inspected and check its permit history, because a major repair can trigger a requirement to rebuild it to a higher elevation. The owner of the land a seawall sits on is generally responsible for maintaining it. Broward County can cite owners for a wall in disrepair, with 60 days to show progress and 365 days to finish repairs. Florida exempts some seawall restoration from state environmental permits, but local building permits still apply. A pre-purchase inspection, elevation survey and permit-history check help you price in seawall work.

Who Is Responsible for Seawall Repair in South Florida?

What does Broward County's code require of owners?

Under Section 39-407 of the Broward County Code (Ordinance 2020-11), a tidal flood barrier such as a seawall is presumed to be in disrepair if it lets tidal water flow unimpeded through or over it onto neighboring property or the public right-of-way. After a citation, the owner must show progress within 60 days and finish repairs within 365 days. If the needed work meets the substantial repair threshold, the owner has 365 days to design, permit, build and pass final inspection on a wall that meets the minimum elevation.

The code also declares tidal water trespassing onto neighboring property or the right-of-way a public nuisance. Fort Lauderdale (Ordinance C-23-05) and Pompano Beach (Code § 151.05) have parallel owner-maintenance provisions with the same 60-day and 365-day timelines.[1][2][3]

What permits apply to seawall repair?

As of the 2026 Florida Statutes, Section 403.813 exempts from state environmental permits the restoration of seawalls at their previous locations, upland of them, or within 18 inches waterward of them. Broward County's streamlined general license covers seawall repair that stays no more than 1 foot waterward of the original authorized location. You still need a local building permit.

In unincorporated Palm Beach County, the building permit checklist for seawalls calls for plan and section views and engineered construction drawings, plus DEP, Florida Inland Navigation District or Army Corps approval or exemption as applicable. Cities set their own requirements. If a wall sits on association common area, check the governing documents to see who is responsible.[4][5][6]

What should you check before buying?

Seawall work is costly and time-bound once a citation is issued, so learn the wall's condition before closing.

Hire a licensed marine contractor or Florida-licensed engineer to inspect the wall, cap, anchors and the soil behind it.
Get a survey showing the top-of-wall elevation in NAVD88 to compare with local minimum standards.
Ask the city or county for permit history and any open code cases on the wall.
Ask the seller whether tidal water has come over or through the wall.
In Broward, contracts for property in tidally influenced areas executed after December 31, 2020 must include the county's tidal flood barrier disclosure.[1]

Key takeaways

The owner of the land a seawall sits on is generally responsible for maintaining it.
Broward County can cite owners for a wall in disrepair, with 60 days to show progress and 365 days to finish repairs.
Florida exempts some seawall restoration from state environmental permits, but local building permits still apply.
A pre-purchase inspection, elevation survey and permit-history check help you price in seawall work.

Sources

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.