Waterfront Due Diligence Part 2: The Coastal A Zone

FEMA

“Coastal A” Zones in Florida were implemented in the 2017 revisions to the Florida Building Code.  The Coastal A Zone is an area within a special flood hazard area, landward of a V zone or landward of an open coast.  In a Coastal A Zone, the principal source of flooding is astronomical tides, storm surge, seiches or tsunamis.  During the flood event, the potential for breaking wave heights is between 1.5 feet and 3.0 feet.  Studies have shown that severe damage can occur with breaking wave heights of as low as 1.5 feet, thus the concern and need for the designation of of this new zone, which is a subdivision of the existing A Zone. 

“Limit of Moderate Wave Action,” (LiMWA) also implemented in the 2017 revisions to the Florida Building Code, is a line on the Flood Insurance Rate Maps (FIRM) that delineates the inland limit of the 1.5 foot breaking wave height during the flood event.  The area seaward of this line up to the Zone VE boundary is the Coastal A Zone (see image below).  Despite utilizing Zone A rates for flood insurance premiums, FEMA strongly recommends the higher Zone VE construction standards and floodplain management be utilized in Coastal A Zones, but it is not required.  However, local governments are encouraged to implement stricter codes for properties in the Coastal A Zone and incentivized in doing so by the National Flood Insurance Program’s “Community Rating System.”  This “CRS” system is designed to award points to local governments participating in the NFIP.   The more points a community gets, the greater a discount the residents of that community may be eligible for in their Federal Flood Insurance premium.  The more stringent a local governing body’s building code may be, the more points it is likely to get. 

 Coastal A 

“Freeboard” is another means for local governments to garner CRS points.  Freeboard is a factor of safety, usually expressed in feet above the minimum Base Flood Elevation (BFE).  It refers to the practice of constructing buildings or structures above a certain elevation to mitigate the risks associated with flooding, particularly in coastal areas or regions prone to storm surges and heavy rain, e.g. Coastal A Zoned property.  The concept is used to ensure that buildings are not just built at the level of expected floodwaters (i.e. BFE), but are raised higher to account for factors like wave action, erosion, and future increases in flood levels due to climate change.  FEMA’s BFE is the starting point, and the local code would require that buildings must be elevated a certain number of feet above the BFE.  This extra height is the “freeboard.”  These elevated construction standards mitigate risk, thus leading to lower flood insurance premiums.

However, a challenge is presented by way of the surveyor’s elevation certificate.  The certificate does not provide the surveyor with an option for the Coastal A Zone, only AE and VE Zones are provided.  Therefore, the only BFE options given to the surveyor from the FIRM Map are for VE or AE Zones.  If a property is in a Coastal A Zone and subject to VE Zone construction standards, the elevation certificate may not accurately disclose this.  Additionally, freeboard requirements associated with the local code are not shown on the FIRM Maps, and therefore, the EC is likely to not disclose any freeboard requirements applicable to the subject property.  Thus, a buyer has to be extra cautious to determine what additional building restrictions the local code requires if contemplating new construction or substantial improvement/repair for properties in Coastal A Zones. 

If you are working with a client who is interested in purchasing or building in a Coastal A Zone, it is strongly recommended you refer your client to a locally licensed Florida real estate attorney.

This blog is intended for informational purposes only and it is not intended to be, nor should it be construed as, legal advice or legal opinion.  The reader should not consider this information to be an invitation to an attorney/client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction.