Shoreline Stabilization and the Coastal Barrier Resources System

In general, federal expenditures and financial assistance for erosion control, or to otherwise stabilize any inlet, shoreline, or inshore area, are prohibited under the Coastal Barrier Resources Act (CBRA; 16 U.S.C. § 3504(a)(3)). Following consultation with the U.S. Fish and Wildlife Service (Service), the following actions or projects may be excepted, provided the expenditure is consistent with the purposes of CBRA.

• Projects for the study, management, protection, and enhancement of fish and wildlife resources and habitats, including acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects (16 U.S.C. § 3505(a)(6)(A)).
• Emergency actions necessary to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to sections 5170a, 5170b, 5173, and 5192 of title 42 and are limited to actions that are necessary to alleviate the applicable emergency (16 U.S.C. § 3505(a)(6)(E)).
• Nonstructural projects for shoreline stabilization that are designed to mimic, enhance, or restore a natural stabilization system (16 U.S.C. § 3505(a)(6)(G)). This exception does not apply to the removal of sediment from within the Coastal Barrier Resources System (CBRS) for beach nourishment and shoreline stabilization projects located outside of the CBRS.

Certain Coastal Storm Risk Management Projects

Following consultation with the Service, the U.S. Army Corps of Engineers may utilize sand from within System Units to nourish adjacent beaches outside of the CBRS for certain federal coastal storm risk management projects (16 U.S.C. § 3505(a)(7)). To qualify, the exception requires that: 

• The project (or its predecessor project) had previously used a borrow site within a System Unit to nourish adjacent beaches outside the CBRS at least once between December 31, 2008, and December 31, 2023; and 

• The prior use of the System Unit for sand was conducted pursuant to section 5 of the Flood Control Act of 1941 in response to an emergency situation.  

Based on House Report 118-667 and the Congressional Record, this exception applies only to the following four projects:  

• Townsends Inlet to Cape May Inlet, New Jersey project for coastal storm risk management and emergency response purposes 
• Wrightsville Beach, North Carolina coastal storm risk management  
• Carolina Beach and vicinity, North Carolina coastal storm risk management  
• Folly Beach, South Carolina coastal storm risk management 

Emergencies Immediately Adjacent to the CBRS and Certain Louisiana Units

CBRA also allows for “the carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline, or inshore area” in the following two situations without consultation with the Service (16 U.S.C. § 3504(a)(3)).

1. In Louisiana Units S01 through S08 and LA-07 for purposes other than encouraging development, and
2. In all units, in cases where an emergency threatens life, land, and property immediately adjacent to that unit.

In either of these limited cases, consultation with the Service is not required by CBRA (though consultation may still be required under other authorities). However, the Service appreciates a notification of the project/activity occurring under this exemption. Notification may be emailed to the appropriate Ecological Services Field Office.

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