Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Administration
Information
Requested Action
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A. MOTION TO APPROVE Perpetual Beach Storm Damage Reduction Easement Agreement (“Easement”) in substantially the form of Exhibit 1; and to authorize the County Administrator to execute the Easement with any required modifications, provided such modifications do not impose any additional, material financial risk on the County, and subject to review and approval as to legal sufficiency by the Office of the County Attorney. (Commission Districts 4 and 6)
B. MOTION TO AUTHORIZE County Administrator to prepare and execute a letter to the U.S. Army Corps of Engineers ("USACE") formally withdrawing Broward County from participation in the Segment II Beach Renourishment Project under the Tropical Storm Nicole Flood Control Coastal Emergency Project (“Supplemental Renourishment Project”). (Commission District 4)
C. MOTION TO DIRECT Public Works and Environmental Services Department (“PWESD”), in consultation with the County Attorney’s Office, to research and evaluate available legal options for obtaining the property interests necessary for the Broward County Shore Protection Project from owners of real property located within Segments II and III who decline or fail to grant the County the required perpetual easement, and to report its findings and recommendations to the Commission. (Commission Districts 4 and 6)
D. MOTION TO DIRECT Public Works and Environmental Services Department (“PWESD”), in consultation with the Office of the County Attorney, to research and evaluate the existing Perpetual Beach Storm Damage Reduction Easement Agreements ("Existing Easements") benefitting the County for real property located within Segments II and III to determine whether the Existing Easements satisfy current federal property interest requirements necessary to preserve eligibility for full federal funding of future beach renourishment projects; and to authorize the County Administrator to execute any amendments to, or replacement of, the Existing Easements determined to be necessary, provided such amendments or replacement easements do not impose any additional material financial risk on the County and are subject to review and approval as to legal sufficiency by the Office of the County Attorney. (Commission Districts 4 and 6)
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Why Action is Necessary
Commission approval is required to approve the form of the Easement, authorize the County's withdrawal from the USACE Supplemental Renourishment Project, direct PWESD, in consultation with the County Attorney's Office, to evaluate legal options for obtaining the remaining property interests necessary for the Broward County Shore Protection Project, and direct PWESD, in consultation with the County Attorney's Office, to evaluate whether the County's existing perpetual beach storm damage reduction easements satisfy current federal property interest requirements and, if necessary, authorize the County Administrator to execute amendments to those easements to preserve eligibility for full federal funding of future beach renourishment projects.
What Action Accomplishes
Approves the form of easement needed for the Broward County Shore Protection Project, authorizes the County's withdrawal from the USACE Supplemental Renourishment Project, directs PWESD, in consultation with the County Attorney's Office, to evaluate and report to the Commission on legal options for obtaining the remaining required property interests, and directs PWESD, in consultation with the County Attorney's Office, to evaluate the sufficiency of the County's Existing Easements to satisfy current federal property interest requirements and, if necessary, authorizes the County Administrator to execute amendments to those Existing Easements.
Goal Related Icon(s)
YES County Commission
N/A Go Green
N/A MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
This item supports the County Commission’s Goal of Resilient Community of “ensuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection.”
The U.S. Army Corps of Engineers ("USACE") is undertaking the Segment II Beach Renourishment Project under the Tropical Storm Nicole Flood Control Coastal Emergency Project (the "Supplemental Project"), an emergency beach renourishment project intended to address shoreline erosion caused by Tropical Storm Nicole. Historically, construction costs for emergency beach renourishment projects of this nature have been borne by the federal government.
USACE requested that Broward County obtain the real property interests necessary to support the Supplemental Project. At that time, USACE identified only six privately owned properties that lacked any easement and requested that the County obtain temporary access easements over certain municipally owned rights-of-way to support the Supplemental Project. USACE initially required the property interests to be secured by July 6, 2026. Because securing the required property interests within that timeframe was not feasible given the County Commission's meeting schedule and the number of affected properties, USACE subsequently extended the deadline to October 3, 2026. During project coordination, USACE modified the proposed project footprint on multiple occasions, requiring the County to repeatedly revise the list of affected properties for which the necessary real property interests had to be obtained.
On July 16, 2026, representatives of Public Works and Environmental Services Department (“PWESD”), the County Attorney's Office, and USACE met to discuss the evolving project footprint and the logistical challenges associated with obtaining the required property interests. During that meeting, USACE advised the County that approximately 56 properties within Segment II do not have a Perpetual Beach Storm Damage Reduction Easement Agreement (the "Perpetual Easement") on file and that the required Perpetual Easements must be obtained by October 3, 2026, for inclusion in the Supplemental Project. USACE further advised that federal funding would not be available for placement of sand on privately owned property lacking the required Perpetual Easement and that Broward County, as the nonfederal sponsor, would instead be responsible for those construction costs. Accordingly, although the Supplemental Project was anticipated to be fully federally funded, USACE advised that the absence of the required Perpetual Easements on approximately 56 properties could result in approximately $9.6 million in unbudgeted County costs associated with placement of sand on those properties.
On July 23, 2026, representatives of PWESD, the County Attorney's Office, and USACE met again to discuss the Supplemental Project and the property interests required to support future beach renourishment projects. During that meeting, USACE identified an additional issue with approximately 96 existing Perpetual Beach Storm Damage Reduction Easement Agreements affecting properties within Segments II and III. Although USACE confirmed that the legal descriptions contained in those Existing Easements were acceptable when originally acquired, USACE advised that it now requires more precise legal descriptions, which may require surveying, to satisfy current federal property interest requirements. As a result, certain Existing Easements may need to be amended, replaced, or otherwise updated to preserve eligibility for full federal funding of future beach renourishment projects. Accordingly, this item directs PWESD, in consultation with the County Attorney's Office, to identify the Existing Easements requiring updated legal descriptions and authorizes the County Administrator to execute any necessary amendments or replacement easement documents, subject to review and approval as to legal sufficiency by the Office of the County Attorney.
Based on the evolving project footprint, the compressed timeframe for obtaining the required Perpetual Easements, the potential for approximately $9.6 million in unbudgeted County costs, and due to the overall stability of the Segment II shoreline, PWESD recommends withdrawing from the Supplemental Project. Recent beach renourishment projects in Segment II were completed in 2016 and 2022; as such, this Segment would not likely otherwise be scheduled as a County priority for nourishment for another 10 years or more, and no funding has been budgeted to support construction of a near-term project.
Although PWESD recommends withdrawing from the Supplemental Project, PWESD's Real Property Division has already begun working to obtain the required Perpetual Easements and, in coordination with the County Attorney's Office, to evaluate the Existing Easements to preserve eligibility for full federal funding of future beach renourishment projects. Because perpetual easements remain necessary for the continued implementation of the Broward County Shore Protection Project, PWESD further recommends evaluating available legal options to obtain the remaining required real property interests within Segments II and III. Accordingly, this item approves the form of the Perpetual Beach Storm Damage Reduction Easement Agreement, authorizes the County's withdrawal from the Supplemental Project, directs PWESD, in consultation with the County Attorney's Office, to evaluate legal options for obtaining the remaining required real property interests and the Existing Easements to determine whether they satisfy current federal property interest requirements, and authorizes the County Administrator to execute amendments to, or replacement of, Existing Easements, as necessary, to preserve eligibility for full federal funding of future beach renourishment project.
Source of Additional Information
Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, Public Works and Environmental Services Department, (954) 519-1464
Fiscal Impact
Fiscal Impact/Cost Summary
Pursuant to Section 103(d) of the Water Resources Development Act of 1986, Broward County, as the nonfederal sponsor, may be responsible for 100% of the costs associated with placement of sand on privately owned property where the required real property interests have not been obtained. Based on the current project footprint, USACE estimates the County's potential financial exposure for the Supplemental Project to be approximately $9.6 million. The recommended action is intended to avoid that potential financial exposure.