Existing roads, structures, or facilities that are consistent with the purposes of CBRA may be eligible for permanent work funding. An existing facility is defined as a publicly owned or operated facility on which construction started on or before October 18, 1982. For any unit added to the Coastal Barrier Resource System (CBRS) by amendment to the CBRA, the enactment date of such amendment is substituted for October 18, 1982. Tiana Beach was added to the CBRS on November 16, 1990. The Applicant has not substantiated that the structures in question were present prior to November 16, 1990. If a facility has been substantially improved or expanded since the date of enactment, it is not an existing facility. The Applicant submitted design plans which indicated that the existing structure was expanded in 2005.

Due to the expansion in 2005, the fixed dock and wood decking are not existing facilities as described in the CBRA and are not eligible for federal disaster assistance in the amount of $155,384.58. Therefore, the appeal is denied.

Title 44 Code of Federal Regulations (C.F.R.) §§ 206.342(c), 206.347(c)(5). Public Assistance Guide, FEMA 322, at 133-134.