THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION (EPCRD) RECOMMEND APPROVAL OF THE ABOVE MOTION.
This item supports the County Commission’s Value: Encouraging investments in renewable energy, sustainable practices and environmental protection; and Goals to: 1) Seek funding for, implement policies and pursue projects promoting, the use of alternative energy, resource conservation, sustainable practices and environmental protection; 2) Proactively lead in the planning, design, and construction of projects to support community resilience and climate adaptation, including coordination with other entities to foster resilient design as part of all local and regional projects.
Currently, the Broward County Land Use Plan (BCLUP) Policy 2.21.1 provides that the County shall consider sea level rise/flood protection mitigation strategies and requirements included within local comprehensive plans and/or development regulations, as well as flood protection improvements committed to by amendment applicants, which would mitigate or enhance flood protection and adaptation from rising sea levels.
While this policy provides a vital foundation for evaluating climate resilience as part of land use planning, there remains an absence of regional guidance and regulations establishing elevations necessary for coastal flood barriers to provide resilience under conditions of future sea level rise. This is problematic as sea level rise is currently increasing the frequency, depth, and spatial extent of tidal flooding across Broward communities.
This flooding has prompted both public and private investment in seawall improvements that are unable to deliver necessary flood protection benefits as adjacent and nearby seawall and top-of-bank elevations continue to allow the trespass of water. In the absence of regulatory requirements and a timeline for uniformly implementing minimum elevations, we can expect a continuation of these flood disruptions and community impacts. More importantly, absent adequate direction, public and private investments in these coastal flood protection measures will likely require premature reinvestment at a significant expense to the property owner and the community at large.
On November 13, 2018 (Item 38), the Board approved a motion to initiate amendment of the Broward County Land Use Plan (BCLUP) to establish a consistent seawall and top-of-bank elevation for tidally-influenced waterways in Broward County, in accordance with sea level rise predicted through 2070. The proposed amendment would amend the BCLUP to include a standard minimum seawall and top-of-bank elevation for new construction and seawall improvements to address observed tidal flooding. Furthermore, the amendment would require local governments to adopt a local ordinance implementing this regional standard. The proposed regional standard will be informed by the technical work undertaken with the support and expertise of the U.S. Army Corps of Engineers (USACE) as part of the joint Broward County/USACE Flood Risk Management Study for Tidally Influenced Costal Areas authorized under the Planning Assistance for States Program.
Staff has undertaken extensive public outreach in vetting the proposed standard of five feet NAVD88 by 2050, with an allowance of 4 feet NAVD88 until 2035 if designed and constructed to accommodate a minimum elevation of 5.0 feet NAVD88 by January 1, 2050. Presentations have included municipal workshops, community presentations, engineers and industry stakeholders, as well as the real estate community. Feedback has been positive and reinforcing of this approach, which would require municipal adoption within two years of Board approval. As staff works to finalize the proposed land use amendment for approval, there is also a need address implementation in areas of county jurisdiction, via amendments to Chapter 39 of the Broward County Code of Ordinances, which will also serve as a model ordinance for municipal reference. With approval of this motion, staff will coordinate to present both the Land Use Amendment and Chapter 39 amendment for concurrent adoption by the Board. This approach will provide municipalities with an early model for their own use while also formalizing the standard and its application within the unincorporated areas of the County.
It is anticipated that additional stakeholder outreach will occur through summer 2019, allowing for feedback and refinement of proposed amendments through fall 2019 and presentation to the Board for adoption within the calendar year.
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