Disclose High-Risk Erosion Areas

picture of high erosion area

Some states require new property owners be notified at the time of property transfer if their property is located within a high erosion hazard area.



Overview:

Concern over shoreline erosion problems and pressure to harden shorelines can be heightened if property owners are not aware of the erosion risks when they purchase their property. To address this issue, some states now require new property owners be notified at the time of property transfer if their property is located within a high erosion hazard area. A disclosure requirement prevents new homeowners from entering into an agreement unaware of potential future property damage/loss caused by shoreline erosion. Therefore, they will purchase the property aware that it may be damaged or lost due to erosion and value their new purchase accordingly. As a result, waterfront owners may be more accepting of managed retreat policies and less demanding that hard stabilization structures be installed to prolong the life of the property.

For example, South Carolina's Beach Management Act requires that new owners must be informed if their property is located seaward of the state-established setback line. The disclosure must include a plat of the property that depicts the property lines, building footprint and the setback line. The plat must also state the distance of the building from the setback line and provide the most recent long-term erosion rate as well as the date South Carolina's Office of Ocean and Coastal Resource Management made the data available.

Benefits: Ensures property owners are aware of potential erosion risks to their property.

Drawbacks: Does not prevent development or shoreline hardening. Requires good scientific data to determine where high erosion risk hazard areas are located. While states may have this information for ocean front property, few have erosion risks characterized for estuarine waters.