The seawall rule that catches sellers

This one comes up constantly and it is almost always described incorrectly, including by people in the business. It is worth getting right, because the misunderstanding runs in an expensive direction.

What the rule actually says

Broward County adopted a regional standard for tidal flood barriers in Article XXV of Chapter 39 of the county code. The headline requirement is a minimum elevation of five feet NAVD88.

There is a transition provision. Applications submitted before January 1, 2035 may be permitted at a minimum of four feet NAVD88, provided the structure is designed and constructed so that it can accommodate five feet NAVD88 by January 1, 2050.

The rule applies to barriers that are new, or that are substantially repaired or substantially rehabilitated. That covers seawalls, seawall caps, berms, upland stem walls and similar infrastructure. It does not apply to oceanfront beaches or to shorelines seaward of the Coastal Construction Control Line.

The part people get wrong

NAVD88 is a vertical datum, which means these are absolute elevations, not heights measured from your existing seawall.

I have heard the rule described as needing to raise a seawall “five feet above the current elevation.” That is not what it says, and the difference is enormous. If your existing cap already sits near four feet NAVD88, the gap is small. If it sits low, the gap is larger. Either way the target is a fixed elevation above the datum, and the only way to know your gap is to have your current elevation surveyed.

Why this matters specifically when selling

The trigger is the thing to watch. A cosmetic repair is not the same as a substantial repair, and a seller who decides to “just fix the seawall” before listing can walk into an elevation requirement that a smaller scope would not have triggered.

That cuts both ways. Sometimes the right move is to do the work properly and market a compliant seawall as an asset, because the buyer inherits the problem otherwise and their lender or inspector may well raise it. Sometimes the right move is a limited repair and an accurate disclosure, letting the buyer decide. Which one is correct depends on the condition of the wall, your timeline and your price point, and it is a conversation worth having before you call a marine contractor rather than after.

What you should not do is assume the question away. A failing seawall with an unknown elevation is the kind of thing that surfaces in inspection and renegotiates your contract from a position where you have no leverage left.

Verify before you act

Municipalities were required to adopt the regional standard locally, and a city code can be stricter than the county’s. So the rule that governs your property is the current county code read alongside your city’s version of it.

This guide is general information and it is not a substitute for the current code text or for advice from a marine contractor and your municipality’s permitting office. Check both before you spend money, and get your existing elevation surveyed so you are working from a number rather than an assumption.