Coastal Barrier Resources Act

The Coastal Barrier Resources Act of 1982 (16 U.S.C. §§ 3501–3510) takes an elegantly simple approach to conservation: instead of regulating what people can do on coastal barriers, it simply prohibits most new federal spending within designated areas. No federal flood insurance, no federally funded roads, no federal sewer or water infrastructure, no federal beach nourishment. If you want to build on a barrier island within the John H. Chafee Coastal Barrier Resources System (CBRS), you're free to do so — but with your own money and at your own risk. This market-based approach has protected approximately 3.5 million acres of Atlantic, Gulf, and Great Lakes coastal barriers from development, saving taxpayers an estimated $1.28 billion per year in avoided disaster spending, while preserving some of the most ecologically important coastal habitats in America — see also Coastal Zone Management for the broader coastal policy framework.

Current Law (2026)

Legal Authority

• 16 U.S.C. § 3501 — Congressional findings and purpose (Congress found that coastal barriers protect inland areas, provide fish and wildlife habitat, are subject to wave and storm damage, and that federal expenditures encourage development in hazard-prone areas; the Act's purpose is to minimize federal expenditures that encourage development on coastal barriers)
• 16 U.S.C. § 3502 — Definitions (defines "coastal barrier" as any undeveloped natural sand or rock feature — barrier island, spit, tombolo, or bluff — along the Atlantic, Gulf, and Great Lakes coasts; defines "System" as the John H. Chafee Coastal Barrier Resources System; defines "undeveloped" as the absence of substantial developed areas sufficient to identify the area as other than a natural coastal barrier)
• 16 U.S.C. § 3503 — Establishment of the CBRS (creates the John H. Chafee Coastal Barrier Resources System comprising undeveloped coastal barriers and associated aquatic habitats depicted on official maps)
• 16 U.S.C. § 3504 — Limitations on federal expenditures (prohibits new federal expenditures or financial assistance — including flood insurance — for any purpose within the CBRS, except as specifically exempted)
• 16 U.S.C. § 3505 — Exceptions to limitations (allows federal spending within CBRS for: military activities, Coast Guard operations, energy resource exploration, maintenance of existing federal channels, emergency response and disaster relief, scientific research, and a limited list of other purposes)
• 16 U.S.C. § 3506 — Certification of compliance (federal agencies must certify that their expenditures comply with CBRA's prohibitions; annual compliance reporting required)

How It Works

The spending prohibition is CBRA's engine. Within designated CBRS units, no federal agency may make new expenditures or provide new financial assistance that would encourage development. This means: no new federal flood insurance through the NFIP (the single most impactful prohibition, since most lenders require flood insurance for coastal mortgages); no federally funded roads, bridges, or causeways; no federal water or sewer infrastructure grants; no federal beach nourishment projects; and no federal disaster assistance for new construction (though emergency response to protect life is permitted). The prohibition applies to new development after the area's designation date — structures that existed before designation may retain their flood insurance.

The market signal is powerful. Without federal flood insurance, private flood insurance (if available at all) is far more expensive — accurately reflecting the risk of building on a storm-exposed barrier island. Without federally subsidized infrastructure, developers bear the full cost of roads, utilities, and services. The result: market forces discourage development far more effectively than regulatory prohibitions would, without the political difficulty of telling landowners they can't build. CBRA has been called the most cost-effective conservation program in federal law.

The CBRS covers approximately 585 units totaling 3.5 million acres along the Atlantic coast (Maine to Florida), the Gulf coast (Florida to Texas), the Great Lakes, the U.S. Virgin Islands, and Puerto Rico. Units include barrier islands, spits, bay barriers, and associated aquatic habitats — the wetlands, marshes, and shallow waters behind the barriers that serve as nursery habitat for fish, shellfish, and migratory birds. Many CBRS units also contain Endangered Species Act habitat and overlap with lands acquired under federal wetlands acquisition programs.

Exceptions are narrow and specifically enumerated. Federal spending is permitted for: military readiness and national security; Coast Guard operations; energy resource exploration (though not development infrastructure); maintenance of existing federal navigation channels; emergency actions to protect life; research and monitoring; and a few other limited purposes. The exception for energy exploration was particularly debated, as it allows seismic surveys and exploratory drilling but not permanent production infrastructure.

Map changes are the primary ongoing management activity. The FWS maintains official CBRS maps and periodically recommends updates to Congress to add newly qualifying undeveloped areas or remove areas that were already developed at the time of the original mapping. Map changes that add new areas require Congressional action; technical corrections can be made administratively.

How It Affects You

If you're buying coastal property — vacation home, retirement property, or investment: Before signing a purchase contract or making a deposit, check whether the property falls within the CBRS. The U.S. Fish & Wildlife Service maintains an online CBRS Mapper at fws.gov/cbra that lets you enter an address or parcel number to see if it's in a designated unit. This is a non-negotiable due-diligence step that most real estate agents don't flag.

If the property (or any structure built after the designation date) is in the CBRS, two practical consequences follow immediately: (1) No NFIP coverage — you cannot buy federal flood insurance through FEMA's National Flood Insurance Program for post-designation structures. Private flood insurance may be available through surplus lines carriers, but expect premiums of 2–4× the NFIP equivalent because the insurer has no federal backstop. For Gulf and Atlantic barrier island properties with storm surge exposure, private flood insurance may simply not be available at any price. (2) No federal disaster assistance for rebuilding — if your property is destroyed in a hurricane, you cannot receive FEMA Individual Assistance for rebuilding. Emergency rescue operations are permitted, but reconstruction grants and low-interest SBA disaster loans for rebuilding are not. Run both the CBRS check and a FEMA flood zone check — some properties are in both a CBRS unit and a high-risk flood zone, making them essentially uninsurable without private coverage.

What to ask your real estate agent: "Has this property ever received federal flood insurance?" — structures that had NFIP coverage before the area was designated into the CBRS may retain that coverage, but new buyers should not assume continuity. Also ask whether any current improvements to the property were built after the designation date, as only those pre-designation structures retain eligibility.

If you already own property in the CBRS: The prohibition on new federal expenditures doesn't affect your right to own, occupy, or sell the property. You can renovate, rebuild, or expand — but any new construction or substantial improvements don't qualify for federal flood insurance. If you currently have NFIP coverage on a structure that predates the designation, that policy can be renewed, but the moment a lapse occurs (nonpayment, a major rebuilding after storm damage that qualifies as "substantial improvement"), you may lose eligibility permanently. Keep your NFIP policy active continuously if your structure qualifies.

If you're a developer or investor evaluating coastal barrier sites: CBRA fundamentally changes the deal economics. Without access to federal flood insurance, your end buyers will face higher carrying costs (private flood insurance) and reduced liquidity (fewer buyers willing to accept uninsurable risk). Without federal road or utility infrastructure grants, you bear the full cost of access and services — on a barrier island, that means a private causeway, private water/sewer systems, and private beach maintenance. Projects that pencil out on mainland coastal land often don't work on CBRS barrier islands. The CBRS prohibition also extends to beach nourishment — federal sand replenishment programs that protect coastal properties — so CBRS barrier island properties are more exposed to storm erosion with no federal backstop for restoration.

If you're evaluating a property where CBRS designation is unclear: file a CBRS consistency determination request with FWS (available at fws.gov/cbra) before closing. FWS will issue an official determination. This is faster and cheaper than discovering the designation post-purchase.

If you're a conservation advocate, municipal planner, or environmental attorney: CBRA's system boundary maps are maintained by FWS and updated periodically, but Congressional action is needed to add new units. The FWS has identified hundreds of thousands of acres of qualifying undeveloped coastal barriers that are not yet in the CBRS — getting them added requires legislation. The American Coastal Coalition (americancoastalcoalition.org) coordinates advocacy for CBRA expansion. If your municipality has undeveloped barrier areas that aren't in the system, work with your members of Congress to introduce a map amendment bill — these pass quietly as local projects and can protect significant land. Municipal planning decisions that allow development on coastal barriers increase long-term fiscal exposure through storm damage; CBRA designation is the cleanest way to prevent this without direct regulation.

State Variations

CBRA is exclusively federal, but state coastal management is deeply relevant:

• State coastal zone management programs may impose additional development restrictions on barrier islands
• State building codes govern construction standards in coastal areas (wind resistance, elevation requirements)
• State flood insurance programs, where they exist, may or may not cover CBRS properties
• State wetland protection laws complement CBRA's habitat conservation
• Several states have their own setback and retreat policies for eroding shorelines

Implementing Regulations

• 44 CFR Part 71 — FEMA implementation of the Coastal Barrier Resources Act: governs the prohibition on NFIP flood insurance coverage for structures in designated CBRS units. Key provisions:

  • § 71.2 — "New construction" is defined as any structure without a legally valid building permit obtained before the area's designation date and construction started before that date; structures that were already permitted and under construction before designation retain eligibility — but any "substantial improvement" after designation resets the structure to new-construction status and strips eligibility
  • § 71.3 — NFIP flood insurance is denied for: (a) any new construction or substantial improvement in areas designated in the original 1982 CBRS, effective October 1, 1983; (b) structures in areas newly added to the CBRS by the 1990 Coastal Barrier Improvement Act, effective November 16, 1990; (c) structures in "otherwise protected areas" (national parks, wildlife refuges, wilderness areas), effective November 16, 1991 — with an exception if the structure is used consistently with the protected purpose
  • § 71.4 — To get flood insurance on a pre-designation structure, the owner must document: the building permit predates designation, construction started before designation, and no substantial improvement has occurred since designation; an insurer may accept a signed certification in lieu of full documentation if it already holds the prior documentation
  • § 71.5 — Enforcement: any NFIP policy issued in violation of Part 71 is void ab initio — it never had legal effect; false statements made in connection with these requirements are punishable under 18 U.S.C. § 1001 (federal false statements statute, up to 5 years imprisonment)

  The "void ab initio" provision is operationally significant: it means a property owner who obtained NFIP coverage on a CBRS-located structure under false documentation cannot rely on that coverage in a claim. FEMA can deny claims and retroactively void policies without refunding premiums in some cases. Agents writing coastal policies should independently verify CBRS status through the FWS CBRS Mapper rather than relying solely on the policyholder's representation.

• 50 CFR Part 92 — FWS Coastal Barrier Resources System: establishes the official unit boundaries and maps that define the CBRS, procedures for map amendments and technical corrections, and the process for requesting official determinations on whether a specific property is within a designated unit

Pending Legislation

• S 1724 (Sen. Tillis, R-NC) / HR 1885 (Rep. Murphy, R-NC) — Town of North Topsail Beach CBRS Map Amendment Act: remove certain non-conservation parcels from the Coastal Barrier Resources System map. Status: Introduced / In committee.

Recent Developments

The Strengthening Coastal Communities Act of 2024 updated CBRA's compliance and reporting requirements, reflecting Congressional interest in ensuring federal agencies properly enforce the spending prohibition. FWS has continued its comprehensive map modernization project, converting paper maps to digital GIS format and identifying areas that qualify for CBRS inclusion. Climate change — rising sea levels, intensifying storms, and accelerating erosion — is increasing the importance of CBRA's market-based approach, as the true cost of coastal development becomes more apparent. The interaction between CBRA and the NFIP's broader reform debates (including risk-based pricing under Risk Rating 2.0, see FEMA flood maps and zones) highlights the shared challenge of accurately pricing coastal risk. FEMA hazard mitigation grants are also unavailable within CBRS units, pushing communities to fund resilience investments with non-federal dollars, and federal disaster declarations after storms do not trigger the usual cascade of infrastructure rebuilding assistance inside the system.