Article 29: Coastal Barrier Resources Act (CBRA)
(Category: debris-removal)
Article Summary
The Coastal Barrier Resources Act (CBRA) minimizes federal expenditures that encourage commercial development on coastal barriers along the Atlantic, Gulf, Great Lakes, and Caribbean coasts to protect native wildlife and natural habitats. These protected geographical areas are formally designated as Coastal Barrier Resources System (CBRS) units on National Flood Insurance Rate Maps.
FEMA Public Assistance funding within CBRS units is highly restricted:
- Emergency Work (Categories A & B): Eligible only if the actions eliminate an immediate threat to life, public health, or improved property. Advanced consultation with the U.S. Fish and Wildlife Service (USFWS) is strongly encouraged but not required prior to emergency execution; however, a formal post-work report must be submitted to the USFWS.
- Permanent Work (Categories C–G): Strictly prohibited unless FEMA conducts a formal consultation with the USFWS and receives written comments first. Funding is limited to publicly owned facilities that represent essential links in a larger system, existing channel improvements, energy facilities dependent on coastal placement, or specific "existing facilities" built on or before October 18, 1982.
Improved projects that expand an asset, as well as alternate projects, are rarely permitted inside a CBRS unit.
Five Key Takeaways for CTA FEMA Compliance
- Map Project Sites Against CBRS Unit Boundaries: Cross-reference all coastal project locations against official National Flood Insurance Rate Maps to instantly identify if work falls within a protected CBRS zone.
- Submit Post-Emergency Reports to the USFWS: File a formal emergency activity report with the USFWS immediately following the completion of urgent Category A or B debris and protective measures inside a CBRS zone.
- Halt Permanent Work Pending USFWS Consultation: Do not obligate funds or start construction for permanent restoration inside a CBRS unit until FEMA completes its mandatory statutory consultation with the USFWS.
- Verify the October 18, 1982 Infrastructure Baseline: Prove that any facility slated for permanent restoration qualifies as an "existing facility" by documenting that its original construction or last non-expanded state occurred on or before October 18, 1982.
- Avoid Asset Expansions or Alternate Projects: Do not propose improved projects that enlarge structural footprints or alternate projects within coastal barriers, as they violate CBRA development restrictions.
