Congress established the (CBRS) with passage of the Coastal Barrier Resources Act (CBRA) in 1982. The CBRS, which was modified and expanded by Congress in 1990, consists of the relatively undeveloped and other areas located on the coasts of the United States that are identified and depicted on a series of maps maintained by the U.S. Fish and Wildlife Service (Service). When technical mapping errors are found, Congress works with Service to comprehensively revise the CBRS boundaries and enact technical correction legislation to adopt the revised CBRS map.
How can the CBRS boundaries be changed?
Only Congress has the authority to make significant changes to the CBRS maps through legislation. However, the following three exceptions allow the Service to make administrative changes to the maps: (1) CBRA’s 5-year review requirement that solely considers changes that have occurred to the CBRS due to natural forces such as erosion and accretion, (2) voluntary additions to the CBRS by property owners, and (3) additions of excess federal property to the CBRS.
While the Service has only limited authority to make boundary changes administratively, Pub. L. 109-226 directs us to prepare digital maps and make recommendations for expansion of the CBRS. The Service makes recommendations for changes to the CBRS through a process known as comprehensive map modernization. The recommended changes must be adopted by Congress to become effective.
What does comprehensive map modernization entail?
In cases where legitimate mapping errors are found, the Service supports changes to the maps and works with Congress to revise them. The “comprehensive map modernization” process includes:
- research into the intent of the original boundaries and the development status on the ground at the time the areas were originally included within the System
- development of draft revised boundaries (based on statutory criteria and objective mapping protocols)
- public review of the proposed boundaries
- preparation of final recommended maps that take into consideration information provided during the public comment period
- transmittal of final recommended maps to Congress
- Congressional enactment of legislation to make the revised maps effective
This process ensures that the revised maps are prepared through a transparent process that allows communities and other interested parties an opportunity to provide input. When the Service finds a technical mapping error in one part of a map, we also review adjacent areas on the map to ensure that the entire map is accurate. This comprehensive approach to map revisions treats all affected landowners equitably.
Who can request a boundary modification?
Any property owner or other interested party who believes a technical mapping error led to the inclusion of land in the CBRS may submit a request for consideration that the land be removed from the CBRS. Additionally, interested parties may request that the Service evaluate additions to the CBRS. Most additions to and removals from the CBRS require review by the Service and adoption of revised maps by Congress to become effective. However, the Service may administratively make additions to the CBRS if the owner of a parcel requests, in writing, that the Secretary of the Interior add the parcel to the System. The parcel must be an undeveloped coastal barrier in order to qualify for voluntary addition to the CBRS.
How to submit a request
If you believe an area was inappropriately included within the CBRS, you may submit a request for a boundary change to the Service at cbra@fws.gov. We recommend that such requests be supported by documentation (preferably in the form of official records). Such documentation may include the following:
- information from the local government with the dates of construction for the (s) in question
- information from local utility companies and/or the local government with the date(s) that the infrastructure (sewer, water, electricity, and road(s) with a reinforced roadbed) was on the ground for the area in question
We recommend that you review the additional FAQs below before submitting such a request.
How does the Service determine whether areas should be removed from the CBRS?
In responding to requests from the public and carrying out mapping projects, the Service may find areas that were inappropriately included within the CBRS and constitute technical mapping errors. We consider a technical mapping error to be a mistake in the delineation of the CBRS boundaries that was made as a result of incorrect, outdated, or incomplete information (often stemming from inaccuracies on the original base maps).
When assessing whether an area may be appropriate for removal from the CBRS, we consider the following guiding principles:
- Whether the area may reasonably be considered to be a coastal barrier feature, or related to a coastal barrier ecosystem (this generally includes areas that are inherently vulnerable to coastal hazards such as flooding, storm surge, wind, erosion, and sea level rise) and
- Whether inclusion of the area within the CBRS is rationally related to the purposes of CBRA (i.e., to minimize the loss of human life, wasteful expenditure of Federal revenues, and damage to fish, wildlife, and other natural resources).
We also consider the following criteria:
- The level of development on-the-ground at the time the area was included within the CBRS (i.e., whether the number of structures or complement of infrastructure on-the-ground exceeded the threshold for the area to be considered undeveloped) (16 U.S.C. 3503(g)(1)) and/or
- The location of geomorphic, cultural, and development features on-the-ground at the time the area was included within the CBRS (i.e., whether the CBRS boundary lines on the maps precisely follow the underlying features they were intended to follow on-the-ground).
The Service may make recommendations to Congress to remove areas that were inappropriately included within the CBRS and constitute technical mapping errors. The Service generally does not recommend removals from the CBRS unless there is clear and compelling evidence that a technical mapping error was made.
How does the Service determine whether areas qualify for addition to the CBRS?
The Service recommends modifications to the CBRS unit boundaries where appropriate to add undeveloped fastland (land above mean high tide) and associated aquatic habitat (wetlands and open water) to the CBRS, either as additions to existing units or as entirely new units. Such additions to the CBRS are consistent with section 4(c)(3) of the 2006 Coastal Barrier Resources Reauthorization Act (Pub. L. 109-226), which directs the Secretary to make recommendations for expansion of the CBRS.
When assessing potential additions to the CBRS, we consider the following guiding principles:
- Whether the area may reasonably be considered to be a coastal barrier feature, or related to a coastal barrier ecosystem (this generally includes areas that are inherently vulnerable to coastal hazards such as flooding, storm surge, wind, erosion, and sea level rise) and
- Whether inclusion of the area within the CBRS is rationally related to the purposes of CBRA (i.e., to minimize the loss of human life, wasteful expenditure of Federal revenues, and damage to fish, wildlife, and other natural resources).
We also consider the following criteria:
- The level of development on-the-ground (i.e., whether the number of structures or complement of infrastructure on-the-ground exceeds the threshold for the area to be considered undeveloped) (16 U.S.C. 3503(g)(1)) and/or
- In the case of certain additions to existing units, the location of geomorphic, cultural, and development features on-the-ground at the time the adjacent area was included within the CBRS (i.e., whether the CBRS boundary lines on the maps precisely follow the underlying features they were intended to follow on-the-ground).
Where are the mapping criteria documented?
The CBRA mapping criteria were originally published in the Federal Register (47 FR 35696) on August 16, 1982, by the Department of the Interior. Congress later codified the development criteria through the Coastal Barrier Resources Reauthorization Act of 2000 (Section 2 of Pub. L. 106-514). Additional information about the Service’s guiding principles and criteria for assessing modifications to the CBRS is available in Chapter 6 of our 2016 report to Congress on the Digital Mapping Pilot Project. These guiding principles and criteria were also published in the Federal Register (86 FR 118) on January 4, 2021.
Does the Service recommend additions to the CBRS based on flood zone designations?
While many areas within the CBRS are highly vulnerable to flooding, the Service’s recommended additions are based on a variety of factors, including a set of guiding principles and the statutory development criteria. The CBRS includes many areas that are not within a FEMA designated special flood hazard area. For additional information, see our FAQs on additions to the CBRS above.
When does the Service recommend unit type reclassification (e.g., from System Unit to OPA and vice-versa)?
The Service generally recommends reclassification of an area from a System Unit to an OPA if it was predominantly held for conservation and/or recreation (according to the Coastal Barrier Improvement Act definition of an OPA) at the time it was first included within the CBRS. Areas that were not predominantly held for conservation and/or recreation at the time of designation are usually classified as System Units.
The Service generally recommends reclassification of an area from an OPA to a System Unit if the area was not held for conservation and/or recreation at the time of designation. Additionally, the Service accommodates requests from landowners for voluntary reclassifications of conservation/recreation areas from OPA to System Unit status.
Additional information on the Service’s protocol for CBRS unit type classification is described in a notice published in the Federal Register in January 2021 (86 FR 118).
Is there a process for voluntary additions to the CBRS?
Yes. The Service may administratively add areas to the CBRS, or reclassify conservation/recreation areas from OPA to System Unit status (16 U.S.C. 3503(d)). The owner of the parcel must make such a request in writing. The parcel must be an undeveloped coastal barrier (16 U.S.C. 3502) to qualify for voluntary addition to the CBRS. For additional information, please contact us at cbra@fws.gov.
Can a CBRS boundary be changed via a Letter of Map Amendment?
No. CBRS boundaries cannot be changed by a Letter of Map Amendment.
Where can I get more information about CBRA and flood insurance?
See our federal flood insurance and CBRA page.
