The Coastal Barrier Resources Act (CBRA) of 1982 established the John H. Chafee Coastal Barrier Resources System (CBRS), comprised of undeveloped coastal barriers along the Atlantic, Gulf, and Great Lakes coasts. The law encourages the conservation of hurricane prone, biologically rich coastal barriers by restricting Federal expenditures that encourage development, such as Federal flood insurance through the National Flood Insurance Program.
CBRA is a free-market approach to conservation. These areas can be developed, but Federal taxpayers do not underwrite the investments. CBRA saves taxpayer dollars and encourages conservation at the same time. CBRA has saved over $1 billion and will save millions more in the future. Approximately 3.1 million acres of land and associated aquatic habitat are part of the CBRS. The Fish and Wildlife Service maintains the repository for CBRA maps enacted by Congress that depict the CBRS. The Service also advises Federal agencies, landowners, and Congress regarding whether properties are in or out of the CBRS, and what kind of Federal expenditures are allowed in the CBRS.
What is an “Undeveloped Coastal Barrier”?
The Coastal Barrier Resources Act (CBRA) of 1982 defines an “undeveloped coastal barrier” as a depositional geologic feature that is subject to wave, tidal and wind energies; and protects landward aquatic habitats from direct wave attack. CBRA further defines a coastal barrier as all associated aquatic habitats, including the adjacent wetlands, marshes, estuaries, inlets and nearshore waters, but only if such features and associated habitats contain few man-made structures and these structures, and people’s activity associated with them, do not significantly impede geomorphic and ecological processes.
The Coastal Barrier Reauthorization Act of 2000 specifies that a coastal barrier area is considered undeveloped if (1) the density of development is less than one structure per five acres of land above mean high tide; and (2) there is not a full suite of existing infrastructure consisting of a road with a reinforced road bed, wastewater disposal system, electric service, and fresh water supply to each lot or building site in the area.
Federal Spending Prohibitions
The Coastal Barrier Resources Act and its amendments prohibit most new Federal expenditures that tend to encourage development or modification of coastal barriers. The laws do not restrict activities carried out with private or other non-Federal funds and only apply to the areas that are within the defined John H. Chafee Coastal Barrier Resource System (CBRS).
Examples of prohibited Federal assistance within System units include subsidies for road construction, channel dredging, and other coastal engineering projects. Federal flood insurance through the National Flood Insurance Program is available in a CBRS unit if the subject building was constructed (or permitted and under construction) before the CBRS unit's effective date. If an existing insured structure is substantially improved or damaged, the Federal flood insurance policy will not be renewed.
Federal monies can be spent within System units for certain exempted activities, after consultation with the U.S. Fish and Wildlife Service. Examples of such activities include emergency assistance, military activities essential to national security, exploration and extraction of energy resources, and maintenance of existing Federal navigational channels.
The only Federal funding prohibition within OPAs is Federal flood insurance.

Modification of Boundaries
Only Congress has the authority to modify boundaries of the John H. Chafee Coastal Barrier Resources System (CBRS) through legislation. The one exception to this rule is a five-year review of the CBRS conducted by the U.S. Fish and Wildlife Service that modifies boundaries only to reflect changes due to natural processes (i.e., accretion and erosion).
Congress designated the initial CBRS units in 1982 and modified and expanded the CBRS in 1990. Subsequent modifications to the CBRS have been made since 1990 via Congressional action. If the Service finds a technical mapping error that warrants a change in one part of a CBRS map, it reviews all adjacent areas to ensure the entire map is accurate. This comprehensive approach to map revisions treats all landowners who may be affected equitably, and it also ensures that Congress and the Administration will not have to remap the same area in the future. This approach is a lengthy process but it allows the Service to improve the integrity of the entire CBRS by looking at boundary revisions in a holistic fashion instead of pursuing incremental fixes for individual areas on a single map.
For more information about the Coastal Barrier Resources System contact:
Katie Niemi
U.S. Fish and Wildlife Service
Division of Habitat and Resource Conservation, Room 400
4401 N. Fairfax Drive
Arlington, VA 22203
Phone: (703) 358-2161
Texans living and working along the Gulf Coast should review their homeowners and commercial insurance policies prior to hurricane season to ensure they are adequately covered against losses caused by wind and hail. Some insurance companies provide wind and hail coverage, while others do not.
If your company has excluded wind and hail coverage from your policy, shop around. You may be able to find another company that offers wind and hail coverage in your area. If you can't find a company providing the coverage, ask your insurance agent about purchasing insurance from the Texas Windstorm Insurance Association (TWIA). TWIA is the state’s insurer of last resort for wind and hail coverage when homeowners and business owners are denied coverage in the 14 coastal counties and parts of Harris County on Galveston Bay.
TWIA Structure Eligibility Requirements
• Located in TWIA’s coverage territory. TWIA’s coverage territory includes Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, and Willacy counties; and the following communities east of State Highway 146 in Harris County: Pasadena, Morgan's Point, Shoreacres, Seabrook and La Porte.

• Meet Texas Department of Insurance (TDI) building specifications. New structures, alterations, additions, or repairs to existing structures, including re-roofs or roof repairs must be inspected by a TDI inspector or an engineer who has been appointed by the Commissioner of Insurance. There is no fee for any inspection conducted by TDI. All inspections must be made during the construction phase. For questions or to find out if your home was previously inspected, contact your agent or TDI's Windstorm Inspection Division at 1-800-248-6032.
Shopping for Insurance
• Use an insurance agent to help you shop. Some agents represent only a single company or company group. Independent agents may represent several companies. Including independent agents in your search can help you get quotes from multiple companies with a single call. To find an agent near you, use your local yellow pages or visit
www.helpinsure.com, a free service of the state and TDI that helps people shop for homeowners insurance.
• Make sure your insurance agent and company are licensed. To verify whether an agent or company is licensed, call the Consumer Help Line or use the Agent and Insurer Search features on the TWI website.
• Use TDI’s Homeowners Insurance Price Comparisons. The price comparisons list most companies writing homeowners insurance in your area and provide contact information and premium estimates. Call the Consumer Help Line for a free copy of the price comparison for your area or view the price comparisons on the TWI website
• Understand homeowners policy types and coverages. Insurance companies may sell several types of homeowners policies in Texas, each with a different level of coverage. Make sure you compare policies with similar coverages. Visit the Texas Office of Public Insurance Counsel (OPIC) website,
www.opic.state.tx.us, to compare coverages for policies sold in Texas.
• Decide whether you need other coverages. Homeowners policies do not cover damage caused by rising waters. You can buy a separate policy to cover most types of flooding from the National Flood Insurance Program. Call NFIP at 1-800-427-4661 or visit its website,
www.floodsmart.gov.
• Consider factors other than price. A company’s complaint history and financial rating can indicate the level of service you will receive. Call the Consumer Help Line or use the Insurer Search feature on the TWI website.
• Ask about payment options. Some insurance companies offer payment plans that allow you to pay your premium in installments. For example, you may be able to make monthly payments, rather than paying your entire annual premium at once.
• Ask about discounts. Some companies offer discounts. The discounts offered and their amounts vary by company.
• Answer questions truthfully. Giving incorrect information when you apply for insurance could lead to an incorrect rate quote or a denial or cancellation of coverage. An insurance company may cancel your policy within the first 60 days if it gives you 30 days’ notice.
• Choose the highest deductible you can afford. Higher deductibles will lower your premium, but you’ll have to pay more out of pocket if you have a claim.
• Know how your credit score affects you. Insurance companies may consider your credit score when deciding whether to sell you a policy and the price to charge you. They cannot deny you coverage or refuse to renew your policy solely because of your credit score, however.
Contact TDI
For answers to general insurance questions or for information on filing an insurance-related complaint, visit the TWI website or call the Consumer Help Line between 8 a.m. and 5 p.m., Central time, Monday-Friday
www.tdi.state.tx.us
1-800-252-3439
463-6515 in Austin
Questions to Ask Your Realtor BEFORE You Buy
1. Is Windstorm Insurance mandatory? Do I really need it?
Mortgage companies typically require full coverage. In the event you decide to sell your home the Certificate of Compliance (WPI-8) is an excellent selling point which proves code compliance and provides eligibility for windstorm coverage.
2. If I have flood insurance, isn’t that all I need?
No. A flood policy does not cover ANY damage to a structure due to wind and hail.
3. Are all counties affected by Windstorm requirements? Is this house in a windstorm (high wind) area (First Tier County)?
Just the counties which border the Gulf of Mexico (First Tier Counties). Chambers, Jefferson, Galveston, Brazoria, Matagorda, Calhoun, Refugio, San Patricio, Aransas, Nueces, Kleberg, Kenedy, Willacy, and Cameron. And portions of the following cities east of SH 146 in Harris County; Pasadena, Shoreacres, Morgan’s Point, La Porte, and Seabrook.
4. Is the house currently insured for wind and hail insurance?
The Certificate of Compliance (WPI-8) if “proof of eligibility” for wind and hail insurance coverage through the State’s catastrophe pool, the Texas Windstorm Insurance Association (TWIA). Homeowners may contact TDI at 1-800-248-6032 or search
www.tdi.state.tx.us for more information about the Windstorm Inspection Program or search for the Certificate online.
5. What is the claims history on this house? What repairs have been made?
The current insurance agent should have answers to all questions concerning the coverage on this structure. Including any claims filed.
6. Can I insure just the roof?
No. The entire structure must be insured to meet applicable code standards.
7. Who can conduct windstorm inspections?
An employee of TDI’s Windstorm Inspections Division, or an engineer who has been appointed by the Commissioner of Insurance.
8. What if the house does not pass inspection? What is my alternative/next step?
Completed structures can be certified by appointed engineers once deficiencies are corrected and code compliance met.
Questions to Ask Your Contractor BEFORE You Build or Repair
Questions to Ask BEFORE Construction
1. Is the construction being done to meet the Windstorm Building Code?
It is very important to make sure that all construction be compliant with the TDI Building Code in order to receive a WPI-8 Certificate of Compliance, which acknowledges eligibility for windstorm and hail coverage through the Texas Windstorm Insurance Association (TWIA).
2. Are the products that are going to be used on my house approved by the Texas Department of Insurance (TDI)?
This information can be obtained by contacting your local field office or a listing of Product Evaluations is available on the TDI website.
3. Am I going to get a windstorm inspection on this project?
Inspections must be performed in order to determine compliance with Windstorm requirements.
4. If so, will the inspection be made by a TDI inspector or by an engineer appointed by the Commissioner of the Texas Department of Insurance?
Either party may make the inspections. However, it is to your advantage to know who you will be able to discuss your inspections with.
5. Who will coordinate the inspections and when will they be performed?
Normally, it is the contractor who should coordinate the inspection dates and times. It is essential for the inspections to occur during the construction phase.
6. Will I be kept informed as to the status of the inspections?
Each inspector should leave documentation outlining the findings of each phase of the project. Being kept informed of inspection times will also allow you to personally meet with the inspector and discuss any issues which may be present.
7. What are my options if my project is disapproved?
You should discuss with your inspector AND builder/roofer what corrective measures are necessary for the project to be compliant.
8. If my project is approved, when do I receive my WPI-8?
Once the inspector submits the appropriate documentation to the Austin Windstorm office, it is checked and processed. If everything is in order, a WPI-8 will be posted on the TWI website (please allow three (3) working days). A hard copy of the WPI-8 is also mailed to the submitter (please allow one (1) week to receive).
9. What should I do when the WPI-8 arrives?
The WPI-8 should be stored in a safe place along with your other valuable papers. Always inform your insurance agent when you have construction projects and make them aware that you did get the WPI-8. Your agent will most likely want to add a copy of the WPI-8 to your file, which can be printed from the TDI web-site.
Are These Items Included?
1. Is the house built to the windstorm building code and eligible for wind and hail insurance?
In the first tier counties along the Texas coast, it is in the best interest of a homeowner to require the builder to furnish a Certificate of Compliance upon completion of the home. The Certificate of Compliance is “proof of eligibility” for wind and hail insurance coverage through the State’s catastrophe pool, the Texas Windstorm Insurance Association (TWIA). Homeowners may contact TDI at 1-800-248-6032 or search
www.tdi.state.tx.us for more information about the Windstorm Inspection Program or search for the Certificate online.
2. Wind-resistant roofing material conforming to ASTM D 3161 (or better) requirements.
Choose products that have been tested to ASTM D 3161 and have a 110 mph wind resistance or higher.
3. Class 4 impact-resistant roofing material.
Roofing products are tested for impact resistance using the UL 2218 impact resistance test. Approved products are classified 1 through 4, Class 4 being the most resistant. In an area where windborne debris is likely, Class 4 would be the better choice.
4. A secondary water barrier under the roofing material.
A secondary water barrier provides protection if the roof covering is damaged. This is achieved by installing self-adhering flashing tape or modified polymer bitumen strips on top of the joints in the roof deck. The underlayment should be a 30# roofing felt, which is thicker and heavier than 15# felt.
5. Are gable ends adequately braced to withstand severe windstorms?
Collapse of a gable end wall is a common failure during hurricanes. To accommodate the strong pressures of hurricane force winds, gable ends need additional bracing. Information on this procedure is available from the Federal Alliance for Safe Homes (
www.flash.org).
6. Truss-to-wall connectors and wall-to-foundation connectors.
The only way to create a wind-resistant home is to secure all connections – roof-to-wall, floor-to-floor, and wall-to-foundation. This is accomplished by installing hurricane clips at those intersections.
7. Impact-resistant windows or hurricane shutters.
Impact-resistant windows are designed to resist a combination of impact and continuous wind pressure. Always use products that have been tested to one of these standards – ASTM E 1886 or ASTM E 1996 – and have been designated as such through a recognized product approval system.
8. Garage door/doors that impact resistant.
Garage doors are particularly vulnerable to high winds, because of the long span of the opening they cover and the relatively lightweight material they are made of. Two options are available for strengthening garage doors: replace the door and track with a system that is designed to withstand high winds and wind-borne debris; or use a tested and approved impact resistant covering. In Texas, garage doors must be tested in accordance with ASTM E 330. Glass panels should be rated with ASTM E 1996 standards.
9. Skylights that are impact-resistant.
Skylights are extremely vulnerable to wind borne debris and hail. Skylights should be tested in accordance with ASTM E 1886 and ASTM E 1996 or other approved standards.
10. The required upgrades to qualify for all insurance credits or discounts offered.
Investigate possible construction credits and discounts available through your insurance company and then review with your builder.
11. A safe room.
A safe room, or storm shelter, provides the highest degree of protection for you and your family from the dangerous forces of extreme winds and debris impacts. Safe rooms can be site-built or manufactured and can be installed in new or existing homes.
12. Continuous load path construction.
When a house is being constructed, it is an opportune time to build in a continuous load path, creating a structure highly resistant to extreme wind force. Balloon framing and the use of hurricane straps or clips connecting all intersections including the foundation can easily be designed into the structure at this time.
13. 5/8” thick plywood decking attached with 10d common nails spaced 4” O.C. at the edges and gable ends and 6” O.C. in the field of panels.
Use this method to make your roof more impact-resistant.
14. Impact-resistant exterior wall surfacing.
Some siding manufacturers market their products as impact-resistant, but at this time a safer choice might be a hard surface such as brick, stone, or stucco.
15. Porch exterior walls properly connected to the foundation.
Porch walls should be treated as any other exterior wall and anchored to the foundation. If blown loose it can be a threat to the main house in high wind situations.