CBRA and Federal Flood Insurance

The Coastal Barrier Resources Act (CBRA) and its amendments prohibit most new federal expenditures that encourage development or modification of coastal barriers. The main prohibition affecting property owners is the prohibition on new federal flood insurance within the Coastal Barrier Resources System (CBRS).  Flood insurance is administered and provided through the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP). The Service does not have any information regarding private flood insurance and cannot provide recommendations for any particular insurance carrier.  Please direct any flood insurance related questions to the NFIP.

Federal flood insurance through the NFIP is available in a CBRS unit if the subject building was constructed (or permitted and under construction) before the CBRS unit's prohibition date (which is the date on which the prohibition on Federal flood insurance within the area took effect), and has not been substantially improved or substantially damaged since the prohibition date. If an existing insured structure is substantially improved or damaged, the federal flood insurance policy will not be renewed.

The NFIP has a Flood Insurance Manual (FIM) which is used primarily by insurers and agents selling and servicing Federal flood insurance.  Section 19 of the FIM contains information regarding flood insurance eligibility for structures located within the CBRS and should be consulted prior to writing a flood insurance policy that may be affected by CBRA.

FEMA’s regulations implementing CBRA with regards to Federal flood insurance eligibility within the CBRS can be found in 44 Code of Federal Regulations (CFR) Part 71. 

For more information on CBRA property determinations, click here. 

Disclosure of a CBRS Designation

Property owners are generally made aware of the CBRS designation affecting their property when they obtain a mortgage that requires flood insurance. There is, however, no Federal mandate for the disclosure of a CBRS designation by state and/or local officials or realtors at the time of purchase or construction. The U.S. Fish and Wildlife Service encourages Federal, state, and local officials to integrate CBRS data into their GIS platforms and other information systems so that it is readily available to community officials, developers, property owners, prospective buyers, and others. We also encourage public officials to consider including CBRS information in building permit forms, planning documents, and outreach materials. Such voluntary actions can help to increase awareness of the CBRS and the associated prohibitions on Federal expenditures, which will help stakeholders make informed decisions about areas affected by the CBRA.