Ordinance 2025-4754 ORDINANCE NO. 2025-4754
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
,� CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 54 OF THE
MIAMI BEACH CITY CODE, ENTITLED "FLOODS," BY AMENDING
ARTICLE III, ENTITLED "RESILIENCY STANDARDS FOR TIDAL
FLOOD PROTECTION," TO AMEND THE APPLICABILITY OF THIS
ARTICLE, MODIFY DEFINITIONS, AND STRENGTHEN
CONSTRUCTION STANDARDS FOR NEW AND EXISTING SEAWALLS
AND OTHER TIDAL FLOOD BARRIERS TO STRENGTHEN COASTAL
RESILIENCE AND MITIGATE THE EFFECTS OF TIDAL FLOODING
AND SEA LEVEL RISE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. .
WHEREAS, sea level rise, one of the most significant effects of climate change, is a
result of different factors, including an increase in water volume resulting from melting land ice
and the thermal expansion of sea water as it warms up; and
WHEREAS, in 2020, the Mayor and City Commission adopted Resolution No. 2020-
31315, adopting the 2019 update of the Unified Sea Level Rise Projection, Southeast Florida
and further directing the City of Miami Beach to utilize the updated regionally consistent sea
level rise projections for planning, design and construction purposes. Sea level rise experts
project an estimated increase in sea level of approximately 10 to 17 inches by 2040; 21 to 40
inches by 2070; and 40 to 92 inches by 2120; and
WHEREAS, seawalls and similar tidal flood barriers strengthen coastal resilience when
constructed in a manner that is substantially impermeable, at a minimum height standard that
effectively addresses existing tidal flooding and future sea level rise for the expected lifetime of
the seawall or structure; and
WHEREAS, In 2016, the Mayor and City Commission adopted Resolution No. 2016-
29454, which required that all new seawalls on private property, and seawalls constructed as
part of public projects, have a minimum elevation of 5.7 feet NAVD88; however, applications
for new or substantially rehabilitated seawalls not associated with new building construction or
substantial improvements would be permitted at a minimum elevation of 4.0 feet NAVD88 if
designed and constructed to accommodate a future minimum elevation of 5.7 feet NAVD88
(and not lower than the adjacent yard); and
WHEREAS, properties with low-lying seawalls can be the source of tidal waters flooding
onto adjacent properties or public rights-of-way; and
WHEREAS, seawalls, bulkheads, living shorelines, and other shoreline protection
structures need to be raised in a timely manner to reduce the impacts of tidal flooding on
adjacent private properties and public rights-of-way; and
WHEREAS, in 2021, the City established new seawall requirements to prevent coastal
erosion, drainage issues, and tidal flooding on rights-of-way and adjacent properties; and
WHEREAS, the City promotes and encourages the use of living shorelines to provide a
natural alternative to "hard" shoreline stabilization methods, the benefits of which include
nutrient pollution remediation, improving essential fish habitat structure, and buffering of
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shorelines from waves and storms; and
WHEREAS, the amendments set forth in this Ordinance will promote a more resilient
waterfront.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA. .
SECTION 1. Article III of Chapter 54 of the City Code, amended "Resilience Standards for Tidal
Flood Protection," is hereby amended as follows:
CHAPTER 54
FLOODS
,� � *
ARTICLE III. Resilience Standards for Tidal Flood Protection
. � � �
�
Sec. 54-59: Purpose and intent.
The purpose of this article is to protect the public's health, welfare and safety by �g
establishinq minimum standards to be used in the design, construction and maintenance of
waterfront structures. This article establishes a minimum elevation for new seawalls and
requires failing and low seawalls, bulkheads, living shorelines, or other shoreline protection
structures that cause tidal surface water flooding to adjacent properties to be rp oper�X
maintained, repaired or, if necessarv, replaced.The physical seawall improvements ensure new
seawalls, bulkheads, living shorelines, or other shoreline protection structures are designed
to meet consistent standards that account for future tidal flood conditions and
coastal water levels predicted with sea level rise, in accordance with current regional sea level
rise projections, as updated and adopted by the City Commission.
Sec. 54-60. Applicability.
Mandatory compliance with the requirements of this article shall be required for all-a�p4+sa�s
�#the followinq tvpes of building permit applications +"�+ ,,,00++he f,.��,.,.,;,,.. nriFori�:
1. All new waterfront construction and substantial improvements; e�
2. All new seawalls; and e�
3. Substantial improvements, includinq repair or rehabilitation, to ex�•stinq shorelines and
shoreline structures.
Each applicant shall submit documentation includin4 an itemized breakdown of the costs of
construction specific to the seawall work to allow Citv staff to determine whether improvements
are substantial and to evaluate compliance with the minimum elevation requirements.
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Mandatory compliance with the requirements of this article shall be required for all seawalls,
bulkheads,living shorelines,orothershorelines protection structures that do not meet the minimum
standards in this article, exceqt as otherwise provided in this article; and anv other existinq
condition that causes tidal surface water flooding�a onto adjacent properties and/or public right of
way.
This article is not applicable to oceanfront beaches or shorelines seaward of the Coastal
Construction Control Line.
Sec. 54-61. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Bu/khead: A vertical or near-vertical, substantially impermeable structure erected along a
waterbody or a waterway, designed and constructed in such manner as to be substantially .
impermeable and safely sustain any loads, both vertical and lateral, that may come upon it, such
as earth fill, water, moving traffic, storage of materials alongside, and the like. Coastal bulkheads
are most often referred to as seawalls;_ "^,•,�.,�� h�i rlofini4ir�n' 4ho�i�re A bulkhead is intended to
act as a shoreline stabilization structure that primarily retains soil and provides minimal protection
from waves.
Green-grey infrastructure or materia/s is a combination of engineered and natural features that
provide environmental qualities and ecosystem value.
Living Shoreline: A green infrastructure technique using native vegetation alone or in
combination with low sills(such as low elevation seawalls or bulkheads)to stabilize the shoreline
as a natural alternative to "hard" shoreline stabilization methods like riprap or bulkheads. Living
shorelines may be more resilient than bulkheads in protecting against the effects of hurricanes. A
living shoreline may have its waterside face consist of plants and other natural elements that
improve water quality, provide additional fish habitat, and fosters increased biodiversity. The
landside interFace may be located anywhere on an existing property fronting the living shoreline,
as long as it is constructed in a manner and location that ensures any habitable structures on
that property are protected from flooding from tidal waters and it prevents flooding of adjacent
properties and the public right-of-way.
NAVD88 or the North American Vertica/Datum("NAVD 88") means the vertical control datum of
orthometric height established forvertical control surveying in the United States of America based
upon the General Adjustment of the North American Datum of 1988.
Public nuisance means injurious to the safety or health of the entire community or neighborhood,
or any considerable number of persons, or unlawfully obstructs the free passage or use, in the �
customary manner, of any public right-of-way.
Rip-rap means a foundation of unconsolidated boulders, stone, rubble, concrete without
protruding rebar or similar materials placed on or near a shoreline to mitigate wave impacts and
prevent erosion.
Seawall means the vertical or near vertical (often interlocking) structures placed between an
upland area and a waterway or waterbody for erosion control.
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Seawa// cap means the concrete beam (usually cast-in-place and reinforced) which connects
seawall panels, piles and anchoring system (if present) together at the top of the seawall
structure.
Shoreline means the tidally influenced area where land meets water.
' Substantial improvements (includinq repair or rehabilitation�, means any improvements and/or
repairs to#�te an existing seawall and/or its associated components with a cost of$399 500 or
more per linear foot.
Tidally-inf/uenced areas means a waterway with water level changes in response to the daily tide.
Sec. 54-62. Minimum Elevations and Materials for New or Substantially Rehabilitated
Coastal Infrastructure within Tidally-Influence Areas.
a) All new seawalls or existing seawalls that require substantial improvements�s;shall
have a minimum elevation of 5.7 feet NAVD88. All existing seawalls that require
improvements ren�ir� h„+ +ho ron�ir� that are considered less than substantial
improvements shall have a minimum elevation of 4.0 feet NAVD88, but onlv if desiqned
and constructed to accommodate a future minimum elevation of 5.7 feet NAVD88.
Notwithstandina the foreaoinq sentence, limited maintenance work, such as the
installation of rip-rap, shall be exempt from the minimum elevation reauirement in this
section, provided that an enqineerinq report is submitted that demonstrates, to the
satisfaction of the City, that the seawall is structurallv sound. a�All existing seawalls
+h�a�u� constructed at a heiaht that �s allows flooding to incur
onto the upland propertv, an adjacent property1 and/or public right of way shall have a
minimum elevation of 4.0 feet NAVD88 if designed and constructed to accommodate a
minimum elevation of 5.7 feet NAVD88.
b) To the extent practicable, seawalls shall be designed and constructed to adjoin
immediately proximate seawalls to close gaps and preventtrespass of tidal surface water.
c) Property owners are encouraged to consider approaches and materials that enhance
the biological value of traditional (flat surface) seawalls with the incorporation of living
shoreline features, the use of materials that encourage biodiversity, and the use of
biological forms, where practicable.
d) This section shall not be construed to require the installation of a seawall where other
flood protection measures and living shorelines serve as an equally effective tidal flood
barrier.
Sec. 54-63. Coastal Infrastructure Maintenance Requirements within Tidally-
Influenced Areas.
a) All property owners must maintain their seawalls. bulkheads, living shorelines. or other
shoreline protection structures or elements in good repair. A shoreline protection
structure is presumed to be in disrepair if it allows for upland erosion, transfer of material
through the barrier/wall or allows tidal waters to flow unimpeded through and/or over the
top of the barrier/wall to the uqland propefir, adjacent properties1 or public right-of-way.
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Property owners with seawalls, bulkheads, living shorelines, or other shoreline •
protection structures or elements below the minimum required finished elevation.- with
permeable erosion barriers such as riprap, or land/water interface of another nature1 are
prohibited from allowing tidal waters to enter+�g their property or to flow onto an adjacent
�e�e�ies propertv or public rights-of-way. Failure to maintain flood mitigation
infrastructure shall be a citable offense. The notice of violation shall reauire the propertv
owner to initiate the seawall repair or improvement process and be able to demonstrate
progress toward addressinq the cited concern within sixtv (60) days of the issuance of
the notice of violation. A demonstration of qroqress mav include, but is not limited to,
obtaininq written proposals from seawall contractors,securinq financinq, and/or applvinq
for permits. Within six (6) months of the issuance of the notice of violation, the propertv
owner shall submit a permit application to the City of Miami Beach Buildinq Department
and Miami-Dade Countv RER (DERM) for the necessary seawall repairs or
ICT1prOV@CT1eC1tS. The n��iner nf+ho �o�+��i�ll c�h.�ll rlomr�nc�r��e nrnnroc�c� +n�ei�rr7c ron�iririn
+ho ni+or! rlofon+...i+hir� �iv+../R(1\ rl�v� r+f ronoi�iinn � ,.;+�+,,,,,. If the required repair meets
the substantial �e�a+� improvements threshold, the property owner must design, obtain
permits, and cause to be constructed seawall improvements that meet the minimum
elevation and design requirements within seven hundred and thirty days (730) days of
receipt of the citation. , �
b) Property owners with seawalls below the minimum elevation set forth in section 54-
62(a), or propertv owners with permeable erosion barriers such as riprap, living
shorelines, or a land/water interface of another nature, shall not allow tidal waters to
enter+�tg their propertyt�e�as� adjacent properties1 or public rights-of-way. Property
owners failing to prevent tidal waters from flowing overland onto the upland propertv
and/or leaving the+� subject property and enterinq an adiacent propertv or riqht-of-wav
� may be si�ed issued a notice of violation. The notice of violation shall repuire the propertv
owner to initiate the seawall repair or improvement process and be able to demonstrate
proqress toward addressinq the cited concern within sixtv (60) days of the issuance of
the notice of violation. A demonstration of ro ress ma include but is not limited to
obtainina written proposals from seawall contractors, securinq financina, and/or
applyinq for permits. Within six (6) months of the issuance of the notice of violation, the
propertv owner shall submit a permit application to the Citv of Miami Beach Buildinq
Department and Miami-Dade Countv RER(DERM)for the necessary seawall repairs or
improvements. The propertv owner shall complete the proposed remedv within seven
hundred and thirtv days (730) days of citation. T"o ^,^,^or^f+ho .,�,,.,e�+., ;� ren��irorl ��
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Sec.54-64.As-built Requirements and Resilience Standard Certification.
a) Property owners are required to submit to the Building Department and Public Works
Department an as-built survey that is prepared by a professional surveyor to show
elevation of seawall (NAVD88) at the commencement of construction.
b) Property owners are required to submit to the Building Department and Public Works
Department certification by a professional engineer stating that shoreline protection
structures have been designed and constructed in accordance with this �4article a�
5
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rarrcrmrvcCivrrTrccamcn ccvcrorrvrcrrrtai�v�c.
Sec.54-65. Enforcement; Warnings; Civil Penalties.
(a) Failure to maintain flood mitigation infrastructure as set forth in Section 54-63(a) or to
prevent tidal waters from flowing overland onto the upland propertv and/or leaving the+�
subiect property and enterina an adiacent propertv or riaht-of-wav as set forth in Section
54-63(b) shall be enforced by a floodplain administrator or designee, a code compliance
officer, or a police officer ("enforcement officer") in accordance with the procedures and
penalties set forth in Section 54-65(b)through (j).
(b) Warning. �The first notice of violation issued bv an enforcement officer shall f;r�+„����
serve as a written warning to remedy the violation prior to issuing a subseauent notice
of violation unless one written warning has been issued in the 12 months preceding the
date of violation. The written warning shall require the property owner to initiate the
seawall repair or improvement roq cess and be able to demonstrate progress toward
addressing the cited concern within sixty (60) days of Fes ' ��^^ ^^+;,.o frnm +ho �;+.,
issuance of the written warninq. A demonstration of progress mav include, but is not
limited to, obtaininq written proposals from seawall contractors, securinq financinq,
and/or applvinq for permits. Within six(6) months of the issuance of the written warninq,
the propertv owner shall submit a permit application to the Citv of Miami Beach Buildinq
Deqartment and Miami-Dade Countv RER(DERM)for the necessary seawall repairs or
improvements. The property owner shall complete the proposed remedy within seven
hundred and thirty days(730)days of citation of the written warninq or notice of violation.
The written warning shall be substantially in the same form as a notice of violation as
identified in section 54-65(c). Failure to either demonstrate progress towards addressing
the cited concern within (60) days of receiving notice from the City or upon failing to
complete the proposed remedy within seven hundred and thirty days (730) days of
�the written warnina or notice of violation shall result in subsequent violations set
forth in this subsection. Each day such violation continues shall be considered a separate
offense.
(c) Penalties. If, subsequent to the initial written warninq, an enforcement officer finds a
violation, the officer shall issue a notice of violation to the violator as provided in chapter
30. The notice shall inform the violator of the nature of the violation, amount of fine for
which the violator may be liable, instructions and due date for paying the fine, notice that
the violation may be appealed by requesting an administrative hearing within ten days
after service of the notice of violation, and that failure to do so shall constitute an
admission of the violation and waiver of the right to a hearing.
(d) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil-fine as follows for violations of sections 54-63(a) and/or(b):
i. First offense .....$250.00;
ii. Second and subsequent offenses .....$500.00.
or
(2) Request an administrative hearing within ten days before a special �
maaistrate appointed as provided in article II of chapter 30 to appeal the decision
of the enforcement officer which resulted in the issuance of the notice of violation.
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(e) If the named violator, after notice of violation, fails to pay the civil fine or fails to timely
request an administrative hearing before a special�€maaistrate,the special�
maaistrate shall be informed of such failure by report from the enforcement officer.
Failure of the named violator to appeal the decisions of the enforcement officer within
the prescribed time period shall constitute a waiver of the violator's right to administrative
hearing before the special �€ maaistrate. A waiver of the right or an administrative
hearing shall be treated�as an admission of the violation and penalties may be assessed
accordingly. The special �maaistrate shall be prohibited from hearing the merits
of the notice of violation or consideration of the timeliness of the request for an
administrative hearing if the violator has failed to request an administrative hearing
within ten days of the issuance of the notice of violation.
(fl A certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned by
the violator, which may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the violator's real or personal property,
but shall not be deemed to be a court judgment except for enforcement purposes.
(g) Any party aggrieved by the decision of the special� maaistrate may appeal the
decision in accordance with law.
(h) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(i) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state, including levy against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(j) The procedures for appeal of the notice of violation by administrative hearing shall be
as set forth in sections 30-72 and 30-73.
(k) Immediate mitipation reauirements. In addition to the other fnes and penalties
prescribed in this section. and in the event that tidal floodina enterina the upland
propertv, adiacent propertv, and/or a public ricaht-of-wav is not miticaated bv a
propertv owner in a timely manner, the Citv shall be authorized to install a temporary
floodinq barrier on the upland propertv, adiacent propertv, or public riaht-of-wav, at
the expense of the owner. If feasible under the circumstances, a propertv owner
mav satisfv the reauirement in this qaraaraqh bv imqlementinq immediate mitiaation
efforts that do not reauire aermittina. such as utilizina sandbaas. within 3 days of
the written warnina or notice of violation or within such other qeriod as mav be
reauired bv the citv manaaer or the manaaer's desianee. while the owner qursues
anv reauired seawall permittina and imqrovements. �
* * *
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SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
This Ordinance shall take effect on the � day of f�u lt3'� , 2025.
PASSED AND ADOPTED this a3 day of �u� , 2025.
ATTEST: .
�U� � � �02� St ven Meiner, Mayor
Rafael E. ranado, City Clerk
...,,,,,,��
Underline denotes additions ��P�`�B��•cti',,,,
=��
denotes deletions °
; :IN[ORP ORATE�.�
,,�� ;�'
(Sponsored by Commissioner Alex J. Fernandez) �-,,,q�..,,,�,.�;��_=
�,�4CH•26`_,:
(Sponsored by Commissioner Laura Dominguez) ���,,,,,,,,,,,,,
APPROVED AS TO
FOR LANGUAGE
& OR TION
�����
City Attorney �� Date
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Ordinances - R5 C
l�i� lA�l� I �E�� H �
COMMI�SION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025 � 9:30 a.m, Second Reading Pubfic Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND C1TY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 54 OF THE MIAMI BEACH CITY
CODE, ENTITLED "FLOODS," BY AMENDING ARTICLE III, ENTITLED
"RESILIENCY STANDARDS FOR TIDAL FLOOD PROTECTION," TO AMEND THE
APPLICABILITY OF THIS ARTICLE, MODIFY DEFINITIONS, AND STRENGTHEN
CONSTRUCTION STANDARDS FOR NEW AND EXISTING SEAWALLS AND
OTHER TIDAL FLOOD BARRIERS TO STRENGTHEN COASTAL RESILIENCE
AND MITIGATE THE EFFECTS OF TIDAL FLOODING AND SEA LEVEL RfSE;AND
PROVIDING FOR REPEALER, SEVERABfLfTY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the ordinance.
BACKGROUND/HISTORY •
On January 13, 2021, the Mayor and City Commission adopted Chapter 54, entitled "Floods,"
Article III, entitled "Resilience Standards for Tidal Flood Protection," commonly referred to as the
"Seawall Ordinance"to codify minimum elevations for new seawalls and require seawalls that are
. in disrepair and are causing flooding on adjacent properties be maintained. The ifem was
sponsored by Commissioner Mark Samuelian.
On October 30, 2024, the Mayor and City Commission referred a discussion item (C4 G) to the
Land Use and Sustainability Committee and Public Safety and Quality of Life Committee to
explore amendments to Chapter 54, entitled "Floods," Article IlI, entitled "Resilience Standards
for Tidal Flood Protection" that would enhance short-term and long-term enforcement
mechanisms to address public safety and quality of life concerns related to tidal flooding. This
item is sponsored by Commissioners Alex Fernandez and Laura Dominguez.
On November 25, 2024, the item was discussed � at the Land Use and Sustainability
Committee. The Committee passed a motion for the administration to recommend draft ordinance
changes#o improve the enforcement mechanisms for compliance with fhe sfandards set forth in
the ordinance. This item is sponsored by Commissioners Alex Fernandez and Laura Dominguez.
On December 13, 2024, fhe item was discussed at the Public Safety and Quality of Life
Committee. The Committee concurred with the direction of the November Land Use and
Sustainability Committee and recommended the item be concluded for this committee. In addition,
Commissioner pominguez noted the impartance of the Private Property Adaptation program to
help fund seawall improvements. This item is sponsored by Commissioners Alex Fernandez and
Laura Dominguez.
On April 15, 2025, the item was discussed at the Land Use and Sustainability Committee. Due to
concerns with the increase in cost for seawalls, Commissioner Fernandez and Commissioner
940 of 1791
Suarez requested furtF�er research exploring the possibility of increasing the threshold for non-
substantial repairs to approximately$1,000 per linear foot at the First Reading of the Ordinance.
On June 25, 2025, the item was heard at the Gity Commission and passed unanimously. This
item is sponsored by Commissioners Alex Fernandez and Laura Dominguez.
ANALYSIS
The purpose of this memo is to provide proposed draft legislation amending Chapter 54 Article III
titled"Resiliency Standards for Tidal Flood Protection"to strengthen compliance and enforcement
of the ordinance to create a more resilient waterfront. The existing seawall ordinance provides
the city the enforcement ability to address overtopping and the City's seawaff e(evation
requirements in Chapter 54 Floods. The ordinance established overtopping as a trigger for
seawall elevation and seawall maintenance requirements. It requires that seawaNs be maintained
in good repair as to not allow sail to erode into the bay or waterway or to allow tidal waters to flow
through the seawall and impact adjacent private property(s). In addition, the ordinance requires
that seawalls must be maintained to prevent tida! waters from flowing overland and leaving their
property.
Multiple departments work together to monitor and enforce the City's seawall ordinance: Code
Compliance, Environment and Sustainability, Planning and Public Works. Environment and
Sustainability led the development of the Ordinance in 2020. Code Compliance leads the
enforcement of the Ordinance through field complaints and conducting inspections and issuing
notices for properties that do not meet the requirements. The Public Works Department enforces
the standards for construction through the Building Plan Review process.
The city has innovative tools to facilitate compliance of the seawall ordinance. For example, the
Public Works Department created a geospatial information system (GIS) platform utilizing drone
LIDAR technology that contains the elevation of seawalls around the city that can be accessed
by the community and all departments. In additio�, the city also provides information regarding
the Seawal! Ordinance through the MB Rising Above webpage: Seawalls � Miami Beach — Rising
Above to assist the public in understanding the requirements of the ordinance and allows them to
access the GIS seawall elevation tool. To target the outreach, the Environment and Sustainability
Department has twice mailed approximately 1,900 letters directly to seawall owners with seawall
elevations less than 4.0' NAVD to advise of the Ordinance, the tools available, and the Private
Property Adaptation grant program opportunity. �
The Administration has taken steps to improve awareness by creating a one-page document for
Code Compliance Officers to distribute to property owners listing the requirements of the
Ordinance and the common next steps required. Any department can access and share this one-
pager, and it is located online at the MB Rising Above webpage: Seawalls � Miami Beach—Rising
Above.
Ordinance Improvements
To improve compliance and clarify the requirements of the ordinance, the following modifications
are recommended: - '
1) Currently, the Ordinance requires property owners to initiate seawalf repair or improvement
and be able to demonstrate progress toward addressing the cited concern within 60 days of
receiving nofice from the City. However, "demonstrating progress toward addressing the
concerns" can be unciear for property owners. The Administration recommends that
demonstrating progress within 60-days can include obtaining proposals from seawall contractors,
securing financing, and/or applying for permits. This adjustment to define a "demonstration.of
progress" is included in the draft ordinance.
. 941 of 1791
In addition to the existing 60-day requirement, fhe Administration recommends amending the
language to require property owners to submit a permit application to the City of Miami Beach
Buifding Department and Miami-Dade County RER (DERM)Coastal Resources Section within six
(6} months. This would act as an additional demonstration of progress would and clarify the next
steps upon receiving a violation. This adjustment is included in the draft ordinance.
2) Currently, the Ordinance states that all seawall construction or repairs that are $300 or more
per linear foot are considered substantial repairs and requires the seawall to be raised to a
minimum elevation (5.7' NAVD/7.26' NGVD). Repairs that cost less than $300 a linear foot are
considered less than substantial and only require the seawall to have a minimum elevation of 4.0'
NAVD/5.56' NGVD as long as it is constructed to accommodate the minimum elevation of 5.7'
NAVD. Staff has encountered projects where the existing seawall does not meet the minimum
elevation of 4.0' NAVD when the applicant is doing considerab(y less than substantial seawail
work.At that point,the ordinance forces properfy owners to pofentially conduct substantial repairs
to increase the elevation of their seawalls to'meet the minimum requirements or request a
variance to the ordinance. In addition, staff has encountered projects where the applicant is
conducting minar repairs to an existing seawall; however, the cost is either at or above $300 per
linear foot requiring them conduct more substantial work to raise the seawall to 5.7' NAVD. To
minimize these situations, the below modifications were included in the draft ordinance.
1. Increased the monetary threshold for "substantial improvements" to $500 or more per
linear foot for seawall construction or repairs. The threshold increase from $300 to $500
is to adjust for current market costs for seawall construction to better align with cost
increases. As such, more applicants may fall below the .new threshold if they are
conducting minor non-substantial repairs and would still need to have a minimum e(evation
of 4.0' NAVD.
Prior to First Reading, the Land Use and Sustainability Committee requested research to
evaluate fhe possibility of increasing the threshold for non-substantial repairs from the staff
recammended $500 to approximately$1,000 per linear foot. The Administration reviewed
projects that included private property seawall work that required permits from the Building
Department. Upon review of the costs reported on the permits, the costs per linear foot
ranged from approximately$294 to.$1,400 depending on the scope of work. On average, .
seawall work for projects permitted through the Building Department costs approximately
$831 per linear foot. It should be noted that `seawall work' can include anything from
installing a seawall cap overpour (less expensive)to full replacement and installation of a
new seawall (most expensive)and its associated components (i.e. seawall cap, king piles,
batter piles, and riprap). Due to the range in costs associated with the varying scopes of
work, it's recommended that the threshofd for non-substantial remain as recommended by
the Administration at the Committee and 6e increased from $300 to $500 to account for
increased market costs for minor work while still requiring properties conducting
substantiai work to increase their elevation to a minimum 5.7 feet NAVD. The
Administration advises that the $500 threshold recommendation remains � (as in
comparison to$1,000 threshold requested to be examined by the Gommittee)since based
on the research, projects under$500 generally applied to seawall cap overpours;whereas
an enfirely new concrete seawall is$500 or more. It is advisable for any resident installing
a new seawall to reach a minimum of 5.7 NAVD for an improved level of protection and
return on investment for the lifespan of the asset and sea level rise projections.
2. Limited maintenance work unrelated to elevation or seawall work, such as rip-rap
placement would be an exemption to the ordinance. This exemption would not require the
property owners to meet the specific elevations set forth in the ordinance provided an
engineering report is submitted that proves that the seawall is structurally sound. This
exemption would only be considered for the issuance of a building permit.
If the seawall does not meet other standards of the ordinance during site inspection (i.e.
overtopping, upland erasion, or transfer of material through the barrier/wall or allows tidal
942 of 1791
waters to flow unimpeded through and/or over the top of the
barrier/wall to adjacent properties or public right-of-way)the property owner is stiH subject
to receiving a violation that would require increasing the elevation.
3) To assist with evaluating the substantial construction provision and ultimately enforcement
during the plan review process, language was added requiring applicants to submit an itemized
cost of construction specific to the seawall work.
4) ff overtopping conditions are impacting the public right-of-way, the city may require temporary
tidal barriers. The intent of the barriers would be to limit flooding while the applicant is within the
ciry enforcement process and/or is within the process to upgrade the seawall_ In the event the ,
property owner does not employ a temporary barrier as required, the city may take action and
install the barrier and further seek payment by the property owner.
The fol(owing update was made since First Reading:
5) Adding additional language "marine enhancement tiles" to further support approaches and
maferials that enhance the biologica! value of traditiona! (flat surface)seawalls.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 7/9/2025
See BIE at: https://www.miamibeachfl.govlcitv-hall/citv-cterk/meetina-notices/
FINANCIAL INFORMATION
CONCLUSION
!n light of flood risks associated with sea level rise projections, King Tides, and storm surge, the
Administration recommends the Mayor and City Commission approve the updates to the
ordinance.The recommendations will further reduce risk and build resilience to current and future
tidal flooding, while improving compliance capabilities and reflecting the costs of construction for
non-substantial repairs.
Applicable Area
Citywide
Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Cade Section.2-17? Proiect? .
Yes No
Was this AQenda ttem initiaflv reQuested bv a tobbvist which, as defined in Code Sec. 2-481,
includes a principat enqa4ed in lobbvinq? No
943 of 1791
(f so, specify the name of(obbyist(s) and principal(s):
Department
Environment and Sustainability
Sponsor(s1
Commissioner Alex Fernandez
Commissioner Laura Dominguez �
Co-sponsor(s)
Condensed Title
9:30 a.m. 2nd Rdg, Strengthen Construction Standards for Seawalls/Flood Barriers. (AF/LD) EN
Previous Action fF'or Citv Clerk Use Onlv)
First Reading Public Hearing on 6/25/2025 - R5 AA
944 of 1791
C4 G REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE
PUBLIC SAFETY AND NEIGHBORHO�D QUALITY OF LIFE COMMlTTEE T�
DISCUSS POSSIBLE AMENDMENTS TO CHAPTER 54, ENTITLED "FL�ODS,"
ARTICLE III, ENTITLED "RESILlENCE STANDARDS FOR TIDAL FLO�D
PROTECTION"TO ENHANCE ENFORCEMENT MECHAfVISMS FOR PUBLIC
SAFETY AND QUALITY OF LIFE.
Applicable Area:
945 of 1791
Committee Referrals - C4 G
l���A�/1l �EA�H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: October 30, 2024
TITLE: REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE
PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO
DISCUSS POSSIBLE AMENDMENTS TO CHAPTER 54, ENTITLED "FLOODS,"
ARTICLE III, ENTITLED "RESILIENCE STANDARDS FOR TIDAL FLOOD
PROTECTION" TO ENHANCE ENFORCEMENT MECHANISMS FOR PUBLIC
SAFETY/�ND QUALITY OF CIFE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
Please place on the agenda a referral to both the Land Use and Sustainability Committee
("LUSC") and the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") to
explore amendments to Chapter 54, entitled "Floods," Article III, entitled "Resilience Standards
� for Tidal Flood Protection" that would enhance short-term and long-term enforcement
mechanisms to address public safety and quality of life concerns related to tidal flaoding.
Miami Beach continues to face increasing risks associated with tidal flooding due to rising sea
levels. Chapter 54 of the City Code sets forth resilience standards for tidaf flood protection to
mitigate these impacts. However, enforcement of these standards has presented challenges,
particu�arly in terms of addressing immediate public safety concerns and the long-term
implications for neighborhood quality of life.
Tidal flooding, especially during king tide events, poses risks such as roadway flooding,
compromised infrastructure, and potential health hazards. The City's resilience measures are
crucial in managing these impacts, but there is a need for more effective enforcement tools to
ensure compliance and protect the public. Strengthening these enforcement mechanisms will help
ensure the City's long-term resilience and safeguard the safety and quality of life of residents and
visitors alike.
The Land Use and Sustainability Committee and the Public Safety and Neighborhood Quality of
Life Committee are requested to explore the following areas for potential amendments to Chapter
54:
1. Enhanced Short-Term Enforcement Mechanisms:
• Evaluate the current tools available for immediate enforcement of resilience standards
during and after tidal flooding events.
' 946 of 1791
• Explore the possibility of requiring property owners to implement temporary measures,
such as fhe instal(ation of flood barriers. Example of temporary barriers:
https://usfloodcontrol.com/flood-barriers. � _
• Discuss options for improvirig the coordination of City departments responsible for
monitoring and enforcing these standards.
• Discuss potential policy that would enable the City to repair private seawalls that are
causing public flooding nuisances within the right of way, particularly after the property
owner has failed to conduct the necessary repairs. This policy would include provisions
for billing the private property owner for the costs incurred by the City in carrying out
these necessary repairs.
2. Long-Term Enforcement Strategies:
• Review the effectiveness of existing regulations in promoting long-term resilience and
preventing chronic issues associated with tidal flooding.
• Consider requiring regular inspections and maintenance of private properties and public
infrastructure to ensure continued compliance with resilience standards.
• Explore incentives or other mechanisms to.encourage property owners to invest in long-
term flood mitigation measures.
3. Public Safety and Quality of Life Considerations:
• Assess how enforcement deficiencies contribute to public safety hazards, such as
vehicular accidents, property damage; and pedestrian risks during flood events.
� • Evaluate the impact of tidal flooding on the quality of life in vulnerable neighborhoods,
including the effects on property values, mobility, and environmenta! conditions.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impacf Estimate?
(FOR ORDINANCES UNLY)
If applicable, the Business Impact Estimate (BIE)was published on:
See BIE at: https:/lwww.miamibeachfl.qov/citv-hall/citv-clerk/meetinq-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
ts this a "Residents Riaht to Know" item, !s this-item-related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initialtv requested bv a lobbvisf which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbyinu? No
947 of 1791
If so, specify the name of lobbyist(s) and principai(s):
Department
City Attomey ,
Sponsor(s)
Commissioner Alex Fernandez
- Commissioner Laura Dominguez �
Co-sponsor(s)
Condensed Title
Ref. LUSC and PSNQL: Enhance Enforcement Mechanisms Related to Tidal Flooding.
(Fernandez/Dominguez) CA
.
v
948 of 1791
Agenda Item: R5 C
Date: 7/23/2025
MI/�M� �����
OFFICE OF THE CITY CLERK
LTC #309-2025
LETTER TO COMMISSION �
TO: Mayor Steven Meiner and Members of the City Commission
Eric Carpenter, City Manager
Ricardo J. Dopico, City Attorney
Joseph M. Centorino, Inspector General
FROM: Rafael E. Granado, City Clerk /
DATE: July 21, 2025
SUBJECT: Emails From The Palm View Neighborhood Association Regarding Items C7 P
and R5 C On The July 23, 2025 Commission AAeeting Agenda
On behalf of the Board of Directors of the Palm View Neighborhood Association, please find emails
relating to Items C7 P and R5 C on the July 23, 2025, Commission Meeting Agenda.
C7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
ECONOMIC RESILIENCY COMMITTEE, AT ITS OCTOBER 18, 2024 MEETING, AND THE
RECOMMENDATION OF THE MIAMI BEACH CONVENTION CENTERADVISORY BOARD,
AT ITS JUNE 23, 2025 MEETING, AND DIRECTING THE ADMINISTRATION TO .
PRIORITIZE FUNDING, DURING THE FY 2026 BUDGET PROCESS, FOR THE
INSTALLATION OF A CHILDREN'S PLAY AREA ON THE WEST SIDE OF PRIDE PARK IN
THE AMOUNT OF $400,000.
Applicable Area: Citywide
Parks and Recreation
Commissioner Kristen Rosen Gonzalez
R5 C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 54 OF THE MIAMI BEACH CITY CODE,
ENTITLED"FLOODS," BY AMENDING ARTICLE III, ENTITLED"RESILIENCY STANDARDS
FOR TIDAL FLOOD PROTECTION," TO AMEND THE APPLICABILITI' OF THIS ARTICLE,
MODIFY DEFINITIONS, AND STRENGTHEN CONSTRUCTION STANDARDS FOR NEW
AND EXISTING SEAWALLS AND OTHER TIDAL FLOOD BARRIERS TO STRENGTHEN
COASTAL RESILIENCE AND MITIGATE THE EFFECTS OF TIDAL FLOODING AND SEA
LEVEL RISE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE. 9:30 a.m. Second Reading Public Hearing
Applicable Area: Citywide
Environment and Sustainability
Commissioner Alex Fernandez
Commissioner Laura Dominguez
First Reading Public Hearing on 6/25/2025 - R5 AA
F:ICLERI$ALLILTC FROM ASSOCIATIONS\PALM VIEW 07212025.docx
5
Granado� Rafael ,
From: Palm View Neighborhood <palmviewneighborhood@gmail.com>
ent: Saturday,July 19, 2025 8:57 PM
.o: Rosen Gonzalez, Kristen; Magazine,Joe; Dominguez, Laura; Suarez, David; Fernandez,
Alex; Bhatt,Tanya; Meiner, Steven
Cc: Petrella, Kara; Govan, Blake; Rosales, Albert; Desrois,Julien; Medeiros, Francesca; Budin,
Jacqueline;Alonso, Sydney;Atencio, Luis; Lloyd, Brandon; Murillo Tejada, Sara; Firtel,
� � Lauren;Granado, Rafael
Subject: Support for R5 C to enhance'enforcement of Flooding Resilience Standards
�T�1l� iv1����1�� C�i�'sE� r�.��� l���l �y{`i-��3'��'��.���l�9�.- l��E �:�1�„D�"Sd:�£�3 9JU'$��i� F���'��'���ia.� �.fi�t:s
"�.`�r��T��3;�1� ���.9��-� �7� �f`�°:�'C;9 i���!�'��
� PALt�I VA�W �
� NEIGHBORHOOD
ASSOCIATION
Mayor Meiner and City Commissioners,
The Palm View iVeighborhood Association (PVNA) supports R5 C AN ORDINANCE OF THE MAYOR AIVD CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,-AMENDING CHAPTER 54 OF THE MIAMI BEACH CITY
CODE, ENTITLED "FLOODS," BY AMENDING ARTICLE III, ENTITLED "RE5ILIENCY STANDARDS FOR TIDAL .
G4.00D PROTECTION,"TO AMEND THE APPLICABILITY OF THIS ARTICLE, MODIFY DEFINITIONS,AND
TRENGTHEN CONSTRUCTION STANDARDS FOR NE1N AND EXISTING SEAWALLS AND OTHER TIDAL FLOOD �
BARRIERS TO STRENGTHEN COASTAL RESILIENCE AiVD MITIGATE�THE EFFECTS OF TIDAL FLOODING AND SEA
LEVEL RISE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATIOIV,AND AIV EFFECTIVE DATE. 9:30
a.m. Second '
Our neighborhood is regularly flooded due to failed private seawalls. We appreciate the City's updates to the
draft ordinance which permit the City to take fast action to mitigate private-property flooding that affects
" other private properties or public areas.
Thank you for your service to the Palm View residents and the City of Miami Beach.
Respectfully, �
Palm View Neighborhood Association Board of Directors
Chris Gloede, President
Dillon Warren, Vice President
Brian Feit,Treasurer
John Courtney, Secretary
Steve Berke, Director
Alex Bertman, Director
�ay Levy, Director
1
" ' 6
Granado, Rafael
FrOM: Palm View Neighborhood <palmviewneighborhood@gmail.com>
ent: Saturday,July 1.9, 2025 9:02 RM
.a:. Meiner;S.teven; Rosen Gonzalez, Kristen; Magazine,Joe; Dominguez, Laura;Suarez,
David; Fernandez,Alex; Bhatt,Tanya
Cc: Petrella, Kara;Govan, Blake; Rosales,.Albert„Desrois,Julien; Medeiros, Francesca; Budin,
Jacqueline;Alonso,�Sydney,_Atencio, Luis; Lloyd, Brandon; Murillo Tejada, Sara; Firtel;
Lauren; Granado, Rafael
Subject: PVNA Support for C7 P Pride Park PJayground
Attachments: 2025-07-19 PVNA Letter Supp.ort for Pride Park Rlayground.pdf
�`�'r-��� �i���r'��� �"������ ��i€��# �� �:(`�����l�� ���.��- ������.1�'1�.�z�i �v"J�-°J�� �,���'�.jlli�v ��i�d�
��'��1�4�lt� �.I�Ii�� ��`���T�I�L:3���d��3���
�� P��.� i�! E V�/
�� NEIGHBORHOOD.
A550CI.ATION
Mayor Meiner and City Commissioners,
The Palm View Neighborhood Association (PVNA) supports C7 P A RESOLUTION OF THE MAYOR AND CITY
� COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE
--:NANCE AND ECONOMIC RESILIENCY COMMITTEE,AT ITS OCTOBER 18, 2024 MEETING,AND THE
:ECOMMENDATION OF THE MIAMI BEACH CONVENTION CENTER ADVISORY BOARD,AT ITS JUNE 23,2025
MEETING,AND DIRECTING THE ADMINISTRATION TO PRIORITIZE FUNDIIVG, DURING THE FY 2026 BUDGET
PROCESS, FOR THE INSTALLATION OF A CHILDREN'S PLAY AREA ON THE WEST SIDE OF PRIDE PARK IN THE
AMOUNT OF $400,000.
7he Palm View families living adjacent to Pride Park appreciate the City's efforts to continue the development
of Pr.ide Park into a community resource appropriate.for all ages.
7hank you to the Miami Beaeh Parks and Recreation D.epartment w{iieh met with PVNA representatives,
presented their�designs at our open neighborhood meeting on April 17, 2025, and adapted the plan based on
resident feedback and additional conversation.
,Respectfu,lly,
Palm View IVeighborhood Board of Directors
Chris Gloede, President
Dillon Warren, Vice President - - � -
Brian Feit, Tr.easurer
John Courtney, Secretary
$teve Berke, Direcfor
"�lex Bertman, Director
:ay Levy, Director
1
7
�-�-:,,��: ���,� �� � V�
� NEIGHBORHOOD
ASSOCIATION
July 19, 2025
To: Honorable Mayor and.Commissioners
cc: Mayor and Commissioner Aides ,
Lauren Firtel, Neighborhood Affairs Manager �
Rafael E. Granado, City Clerk
From: Chris Gloede, President
Subject: PVNA Support for C7 P Pride Park Flayground
Mayor Meiner and City Commissioners,
The Palm View Neighborhood Association (PVNA)supports C7 P A RESOLU710N OF THE
MAYOR AND CITY COMMIS510N'OF?HE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE
RECOMMENDA710N OF THE FINANCE AND ECOMOMIC RESILIENCY COMMIITEE,AT ITS
OCTOBER 18,2024 MEETING,�1ND THE RECOMMENDATION OF THE MIAMI BEACH
CONVENTION CENTER ADVISORY BOARD;AT ITS JUNE 23, 2025 MEETING,AND DIRECTING
THE�►DMINISTRATION TO PRIORITIZE FUNDING, DURING THE FY 2026 BUDGET PROCESS, FOR.
THE JNSTALLATION OF A CHILDREN'S PLAY A►REA ON THE UVEST SIDE OF PRIDE PARK IN THE
AMOUNT OF$400,OOQ.
�
The Palm View farnilies living adjacent to Pride Park appreciate the City's efforts to continue the
development of Pride Park into a community resource appropriate for all ages.
Thank you to the Miami Beach Parks and Recreation Department which met with PVNA
representatives, presented their designs at our open neighborhood meeting on April 17, 2025,
and adapted the plan based on resident feedback and additional conversation.
Respectfully, � `
Palm View Neighborhood Board of Directors
8
Chris Gloede, President
Dillon Warren,Vice President
Brian Feit,Treasurer
John Courtney, Secretary
Steve Berke;birector
Alex Bertman, Director
Jay Levy, Director
9