County Commission still struggling with flood plain issues

Just weeks after receiving a resounding denial of an amended flood plain inspection program from the Federal Emergency Management Agency, the Monroe County Commission last Wednesday decided to change tactics and pursue a different approach.

Originally county officials had agreed to pursue a limited amnesty program for below base flood elevation structures built after June 2002 when the newest inspection procedures were implemented, while strengthening its existing point-of-sale enclosure inspection program. That proposal also would have added a special use permit process whereby owners of non-conforming enclosures could admit to the use, get a special use permit and keep the structure until it was significantly damaged or fell into disrepair, at which time it would have to be replaced with a conforming structure or removed altogether.

FEMA told county officials it didn’t have the authority to grant amnesty from the guidelines of the downstairs enclosure inspection program, particularly the one the county is under to remain in the National Flood Insurance Program.

Through the NFIP, FEMA underwrites flood insurance subsidies for local property owners, and aids the county in post-storm clean up costs.

Because of that, the county’s elected leadership has taken the stance that they will not undertake any program that might jeopardize the county’s participation in the NFIP.

During recent meetings with FEMA staff, county officials discovered that the federal agency was amenable to changing portions of the inspection program that weren’t delineated under the pilot inspection program.

Under the pilot, property owners are forced to get a downstairs enclosure inspection prior to renewal of a flood insurance policy. That  program has been running for seven years. Inspections began with the newest homes and runs back to homes built after Jan. 1, 1975. Right now, county officials are dealing with homes in the 1980 to 1982 range, but have reportedly completed data collection on all homes. Those properties still needing inspections should all be notified by June or July of next year, and will have six months to get the inspection. If they don’t pass, they get one more year of insurance coverage and a chance to bring the enclosure into compliance. After that, code enforcement action begins.

The county also currently has a point-of-sale inspection program, however, it is primarily unenforced and therefore seldom used.

Though every property that has sold since June 1, 2004 was supposed to get the inspection, unless it had already been through the pilot inspection, file the paperwork with the Growth Management Division.

That paperwork was designed to stave off what many believe to be the most onerous of the three phases of the enclosure inspection program, the one that kicks in when property owners apply for a building permit.

If there has been no point-of-sale and no insurance inspection, property owners ғwhere tax records or other recordsӔ indicate the existence of a downstairs unit, must have an enclosure inspection prior to issuance of a building permit. If the structure fails the inspection, it must be brought up to current code before the permit can be issued.

And that has led to a host of unintended consequences, including times when work doesn’t get done, or is done without benefit of a permit, because people believe it intrusive to be forced to have the enclosure inspection.

The county last week directed Assistant County Attorney Bob Shillinger to work on a proposal for a tougher point-of-sale inspection proposal that is aimed at eventually getting FEMA to allow the county to lift the building permit inspection program.

In his brief outline Shillinger suggested that all new home sales be required to have an enclosure inspection as part of the closing process. Before the buyer could receive a certificate of re-occupancy, that inspection report would have to be approved and forwarded to the county clerk.

Officials had originally suggested having the clerk not record deeds until the report was part of the closing package, but the law doesn’ít allow that, thus the turn to something the county could control.

According to Commissioner George Neugent, FEMA officials had given some hope on that program, and even offered a time frame of possibly 10 years to have the program complete.

The average turn-around time for homes in the Florida Keys is about seven years.

ғThe eventual goal of FEMA is to eradicate habitable living space below base flood,Ӕ said Neugent. ғI believe this will achieve that with less onerous demands on our residents than we have right now.Ӕ

All the commissioners agree that the building permit inspection program has caused a host of problems and needs changing, although Commissioner Kim Wigington reiterated her position that she wouldn’ít agree to any modification that endangered the county’s participation in the NFIP.

“We have 22,000 people who followed the rules. I can’t penalize them for the 7,000 or so that didn’t,”said Wigington.

According to Shillinger, the county has run into a host of issues due to lax enforcement in the past during legal challenges to below base flood enclosures, but informed the commission that as long as the county pursued its legal options when available, FEMA wouldn’t demand more than that.

“If we take the issues as far as we can and have no further legal remedies, FEMA will consider that we have done what we can and not hold it against us,” said Shillinger.

“This is an issue that is very important to a lot of people,” said Commissioner Mario DiGennaro. “We don’t intend to let this drop.”

Shillinger is expected to come back to the commission in the next few months with modifications for perusal.

The county is also getting a helping hand on another level from attorneys hired by the grass roots organization Citizens Not Serfs as they have agreed to pursue potential legislative changes with FEMA.

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One Response to “County Commission still struggling with flood plain issues”

Comments

1. Pg Dec 12 2009 / 1pm

   FEMA, when will you learn. TAKE AWAY MONROE’S ABILITY TO PARTICIPATE IN NFIP. They have been adamant about violating the policy for over the pastdecade. Their leadership looks for ways and loopholes to go around it, even though there is none. I worked in the keys, I know what it’s loke down there! Wake up! Take away their NFIP and they will get the message!