The rule in one paragraph
Broward County's "Resiliency Standards for Tidal Flood Protection" (Ordinance 2020-11, in Article XXV of the county code) set a minimum height of 5 ft NAVD88 for seawalls and other tidal flood barriers. It applies to new walls and to substantial repairs. Every owner must keep their wall in good repair, and a wall that lets tidal water through or over it is presumed to be in disrepair. After a citation, owners have 60 days to show progress and 365 days to finish.
The minimum height
Section 39-407 of the code says tidal flood barriers "shall have a minimum elevation of five (5) feet NAVD88". There's a transition: applications submitted before January 1, 2035 can be permitted at 4 ft NAVD88, as long as the wall is designed to reach 5 ft by January 1, 2050. In practice that means a wall and cap built to carry an extension later.
When your wall has to meet it
- New walls. Any new tidal flood barrier.
- Substantial repair or rehabilitation. The code (Section 39-406) sets the line at work on more than 50% of the length of the property's shoreline. It also counts work on an attached structure, such as a mooring structure, whose cost is more than half the cost of a barrier along the shoreline.
Smaller repairs don't trigger the height requirement. That's why the length a quote covers matters: a repair to 45% of your shoreline and one to 55% can lead to very different jobs.
Your duty to keep the wall in repair
"All property owners must maintain a tidal flood barrier in good repair," and failing to is a citable offense. A barrier is presumed to be in disrepair if it "allows tidal waters to flow unimpeded through or over the barrier".
- After a citation, the owner must show progress within 60 days and complete the repairs within 365 days.
- If the repair needed is substantial, the wall must be brought up to the height standard within the same 365 days.
When water reaches your neighbors
Barriers below 5 ft NAVD88 that let tidal water onto adjacent property or a public right-of-way are declared a public nuisance and a citable offense. The same 60-day and 365-day deadlines apply.
Selling a waterfront home
The ordinance also added a required disclosure to real estate contracts (Section 39-408). If you're selling, ask your agent or attorney how it applies to your property.
How the cities apply it
The county standard is applied through each city's own code, so the details differ:
| City | What its rule says |
|---|---|
| Fort Lauderdale | Revised its tidal barrier ordinance in 2023. The city's FAQ says new or substantially repaired barriers need 5 ft NAVD88, with 4 ft allowed for structures permitted before 2035 that are designed to reach 5 ft by 2050. The earlier 2016 rule set 3.9 ft. |
| Hollywood | Tidal flood barriers have a minimum elevation of 5 ft NAVD88. |
| Pompano Beach | Barriers below 5 ft NAVD88 that undergo substantial repair or rehabilitation must be raised to 5 ft. |
| Other Broward cities | Check your city's current code, or ask a licensed local contractor to confirm it in your quote. |
What NAVD88 means
NAVD88, the North American Vertical Datum of 1988, is a fixed reference level for measuring elevation. "5 ft NAVD88" is a height above that reference, not 5 ft above the water or above your lawn. Your cap's current elevation can be measured by a surveyor, and a good seawall quote will state both the existing and the finished cap elevation in NAVD88.
Sources
- Broward County Code, Article XXV, Resiliency Standards for Tidal Flood Protection, Sections 39-404 to 39-408 (Ord. 2020-11): code text
- City of Fort Lauderdale, tidal barrier ordinance FAQ: PDF
- City of Hollywood code: American Legal Publishing
- City of Pompano Beach code: American Legal Publishing
This page summarizes published rules and prices for general information. It isn't engineering or legal advice, and codes change. Your contractor, engineer and building department have the final word for your property.
Common questions
Do I have to raise my seawall to 5 ft now?
Not just because the rule exists. The 5 ft minimum applies to new walls and to substantial repairs, meaning work on more than 50% of your shoreline's length. But every owner must keep their wall in good repair, and walls under 5 ft that let tidal water onto neighboring land or the street can be cited.
What does NAVD88 mean?
The North American Vertical Datum of 1988, a fixed reference level used to measure elevations. 5 ft NAVD88 is a height above that reference, not 5 ft above the water or above your yard. A surveyor or your contractor can tell you your cap's current elevation in NAVD88.
Can I build to 4 ft instead of 5 ft?
Under the county code, yes, if your permit application is submitted before January 1, 2035 and the wall is designed so it can be raised to 5 ft NAVD88 by January 1, 2050. Your city's version may differ, so check with your contractor.
Does the rule apply in my city?
Broward's cities with tidal waterfront apply the standard through their own codes. Fort Lauderdale revised its tidal barrier ordinance in 2023, Hollywood's code sets a 5 ft minimum, and Pompano Beach requires barriers under 5 ft to be raised when substantially repaired. Check your city's current code or ask a licensed local contractor.