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Downstairs Enclosures. 

The following provides information concerning the Monroe County Floodplain Management Ordinance and the possible consequences of owning a property with an enclosure below the Base Flood Elevation (BFE) – Also know as a downstairs enclosure.

Please note that you are urged to contact the Monroe County Growth Management Division, Office of Floodplain Management at 305.453-8759 for the latest information regarding the insurance inspection program, flood elevations, restrictions on development, the permitting requirements for construction below base flood elevation, Inspection of Residential Structures Transferring Ownership and Floodplain Certificate of Compliance Program.

1. Background: All of Monroe County is identified as a coastal floodplain and may be subject to flooding.

Monroe County enforces a Floodplain Management Ordinance. Structures built after December 31, 1974 must have the lowest floor elevated to or above the base flood elevation. The owner or purchaser of a structure with a downstairs enclosure below the base flood elevation may be faced with significant unforeseen expenses.

Legally permitted enclosures constructed after 12-31- 1974 below the base flood elevation are for limited storage and parking only!

Limited storage means storage of lawn mowers, rakes, wheelbarrows and similar equipment that are normally stored outside.

Limited storage does not apply to household furnishings, workbenches, freezers, refrigerators or other items subject to damage if exposed to salt water.

If you are purchasing a home with a finished enclosure with habitable space below the base flood elevation, it MAY not be permitted construction and MAY be subject to enforcement proceedings.

2. Definition of Base Flood Elevation:

Base Flood Elevation, or BFEis the lowest elevation where new habitable space may exist as measured to the top of the floor in an “AE” Zone and to the bottom of the lowest structural beam supporting the flooring in a ‘V’ zone as measured above published datums.

Required elevations are depicted on Flood Maps published by FEMA and accessed at http://www.monroecounty-fl.gov/1151/New-Preliminary-Coastal-Flood-Maps

3. Definition of Habitable Space:

Monroe County Code and the Federal Emergency Management Agency’s (FEMA) definition of lowest floor is the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered the lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements.

4. Definition of Habitable Floor:

Monroe County Code defines habitable floor as any floor area equipped for uses including but not limited to kitchen, dining, living, family or recreation room, laundry, bedroom, bathroom office, workshop, professional studio or commercial occupancy.

5. Definition of Limited Storage:

The space below the lowest floor of an elevated structure shall be used exclusively for parking of vehicles, elevators, limited storage or building access purposes. For the purpose of this division limited storage means storage of lawn mowers, rakes, wheelbarrows and similar equipment. Limited storage does not apply to household items such as furniture. Materials, items, chattel inventory, stock, merchandise, wares, goods, personal property, furniture, household furnishings, freezers, refrigerators, washers, dryers, countertops, tools and anything that cannot withstand exposure to the elements and do not have low flood damage potential are not considered limited storage and should not be stored in enclosures below base flood elevation. Below base flood elevation limited storage enclosures should be considered bonus space with minimum access to store items that otherwise would be stored outside the building or in a shed.

6. The 50% Rule:

Structures built before Monroe County began participating in the national flood insurance program on January 1, 1975 are considered pre-firm (before Flood Insurance Rate Maps). There were no elevation requirements prior to January 1, 1975. Pre-firm ground level structures are non-conforming to the elevation requirements and as such are limited to the value they may be improved by without being required to elevate. This is known as the 50% rule. A pre firm structure is only allowed to be improved up to 50% of the market value (this does not include the land value) without being required to elevate. The floodplain management ordinance defines market value as: The Monroe County property appraiser’s depreciated value of the structure plus 20%. The use of a cost approach appraisal for determination of market value may be used if such cost approach appraisal is prepared by a certified professional and such cost approach appraisal is submitted to and approved by the contractor’s board of adjustment and appeals. This same approach is required to determine substantial damage. Substantial damage is damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditions would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial damage can occur in non-disaster, everyday situations through the rehabilitation of or addition to a structure. It does not necessarily occur as a result of a storm or fire.

7. Background Concerning the Insurance Inspection Program:

During August of 1995 the Federal Emergency Management Agency (FEMA) performed a “Community Assistant Visit” (CAV) in unincorporated Monroe County. The purpose of a CAV is to monitor community compliance with the minimum requirements for community participation in the National Flood Insurance Program (NFIP). Those minimum requirements are: (1. adoption of a floodplain management ordinance, (2. administration of the floodplain management ordinance and (3. enforcement of the floodplain management ordinance. After the 1995 CAV, FEMA notified Monroe County of a deficiency in its enforcement efforts noting there were large numbers of illegally occupied enclosures below the base flood elevation in residential structures. The County was directed to correct the deficiency and enforce the ordinance or face removal from the National Flood Insurance Program. The Monroe County Board of County Commissioners appointed a “FEMA Task Force” to address this problem and the Task Force developed the concept of the Flood Insurance Inspection Program. FEMA considered that concept and agreed to its implementation as a pilot program for Monroe County.

8. Section 1316 of the National Flood Insurance Act of 1968

provides for the denial of flood insurance coverage for a property found in violation of State or local floodplain management regulations. The property owner is provided a one-year grace period from the date of notification to correct the deficiency and pass a new Community Inspection. If a year has passed since notification without the deficiency being corrected the property is added to the “1316 List of properties Not Eligible for Flood Insurance.” To determine if a property is on the “1316 List” contact the Monroe County Office of Floodplain Management, 305.453.8759 as this list is not available on the Internet at this time. 9. Inspection of Residential Structures Transferring Ownership (Voluntary): Monroe County has also implemented a program for inspection prior to the transfer of ownership of any property occupied by an elevated residential structure with a below base flood enclosed area defined as “new construction” (i.e., construction commenced on or after January 1, 1975). The required inspection shall occur no earlier than one hundred eighty (180) days prior to the transfer of the property. The intent of the inspection, which is strictly limited to the below base flood enclosure, is to identify for county records any non-conformities and to disclose these non-conformities to the new property owner. The inspection required may be conducted either by an inspector from the Growth Management Division or by an inspector approved by the Growth Management Division. All inspections shall be in accordance with approved procedures and recorded on county forms. Non county inspectors from an approved list maintained by the Growth Management Division may be retained by property owners to complete the inspections. The original inspection report, signed by the county inspector or county approved inspector, shall be included in all agreements for deed, purchase agreements, leases, or other contracts for sale or exchange of a property with an elevated residential structure. A copy of the inspection report shall be filed with the Growth Management Division within ten (10) days of the transfer of property 10.Due to frequent changes to inspection requirements for properties located in the Coastal Floodplain, CBSREC recommends all Buyers obtain the latest information regarding the Transfer of Ownership Property Inspection Program, the option for an owner of a property with a downstairs enclosure to apply for a Certificate of Compliance, revised National Flood Maps, restrictions on development and the permitting requirements for construction below base flood elevation for Monroe County or the Cities within Monroe County by contacting the Monroe County office of Floodplain Management at 305.453.8759; The City of Marathon at 305.743.0033; the City of Key Colony Beach at 305.289.1212 ext. 3; Islamorada the Village of lslands at 305.664.6400; the City of Layton at 305.664.4667; and the City of Key West at 305.809.3810.

9.FLOOD INSURANCE:

The buyer must determine the insurability of the property against flood damage. Brokers do not warrant insurability against flood hazard. If buyer has any question, Buyer should seek the advice of a qualified insurance agent. All Buyers are hereby notified that structures built before January I, 1975 (pre-firm) are subject to rules governing substantial and non-substantial improvements to pre-firm structures, which may limit the reconstruction, rehabilitation or addition to the pre-firm structure. Structures built after January 1, 1975, which have enclosures below the Base Flood Elevation (BFE), are typically not habitable. The existence of habitable space below the BFE may require demolition or an increase in insurance premium. All Buyers are directed to the Monroe County Office of Floodplain Management at 305.453.8759 or the City of Key West, Marathon, Key Colony Beach, Islamorada the Village of Islands and Layton to ascertain how these rules MAY impact on the structure and the Buyer’s plans for the property. A FEMA violation may necessitate removal of improvements and have an impact on rates for flood insurance or the ability to obtain flood insurance.

10.NEW PRELIMINARY COASTAL FLOOD MAPS AND IMPACT TO FLOOD INSURANCE RATES:

Coastal Flood Maps, otherwise known as Flood Insurance Rate Maps (FIRMs) are used to determine the minimum elevation needed for construction to reduce the chances of flooding as well as construction methods required in certain zones.

In December of 2019 the Federal Emergency Management Agency (FEMA) released the new PRELIMINARY COASTAL FLOOD MAPS to Monroe County. These maps, after a multi-year study of Monroe County’s coastal flood risks and an extensive vetting process, will eventually replace the current flood maps which are based on a 30-plus-year old studies. While FEMA has emphasized that these are ONLY PRELIMINARY MAPS, all residents and business owners need to be aware of the potential for a change in flood risk for their property that may or may not affect their flood insurance costs. The PRELIMINARY maps indicate generally higher base flood elevations (BFE) and significant numbers of properties moving from low-or no –risk zones to higher risk flood zones. Those changes would if left unchallenged, likely result in higher flood insurance rates. Consultants have been hired by Monroe County, The Woods Hole Group, and by the local organization Fair Insurance Rates in Monroe, Ransom Consulting, to review the process and data used by FEMA for creating the PRELIMINARY maps. Data and information are being shared among the governing bodies to ensure that a comprehensive and thorough review/appeal is submitted to FEMA.

Once FEMA reviews and processes all appeals, they will publish the final FIRMS. Although a definite date has not been set, most likely the Final FIRMS will become effective sometime in 2023-2024. The Base Flood Elevation (BFE) where your property is located determines the zone.

Having an elevation certificate for the home is crucial to ensuring that flood insurance and premiums are correct. The certificate indicates the elevation of the first floor and next higher floor. If the home is pre-FIRM (prior to the issuance of Flood Insurance Rate Maps) and built prior to January 1, 1975, flood insurance premiums are subsidized rates that are being phased out and premiums are increasing to reach actuary rates. The elevation certificate will determine the rate and when the premium increases will end. If a property is remapped into a higher risk zone, or if the BFE changes, the flood insurance premium could increase, Property owners need to understand their options following changes to their community’s FIRM.

13.IMPLEMENTATION OF RISK RATING 2.0 – IMPACT TO INSURANCE PREMIUMS:

Irrespective of the delayed implementation of the new Preliminary Flood maps, the Federal Emergency Management Agency (FEMA) has overhauled the National Flood Insurance Program (NFIP)’s rating system.

The new pricing methodology known as Risk Rating 2.0, uses new modeling and updated data to assess more accurately flood risk of individual properties nationwide. In developing the new rates, FEMA coordinated with subject matter experts from the U.S Army Corps of Engineers, U.S Geological Survey and the National Oceanic and Atmospheric Administration along with experts from across insurance and actuarial industries.

As of April 1, 2022 all new policies and policies with renewal dates on or after April 1, 2022 will fall under flood rating 2.0.

In all cases it is recommended that federal flood insurance be purchased and continuous coverage maintained prior to the final FIRMS becoming effective.

Please use the link below or google Preliminary Flood Maps Monroe County to view the latest version with three (3) Overlays – 1 showing the difference between the current and proposed flood zones: http://www.monroecounty-fl.gov/1151/New-Preliminary-Coastal-Flood-Maps

For additional information contact: Karl Bursa, Senior Administrator, Floodplain 305.453.8759.

14.FLORIDA KEYS COASTAL STORM RISK MANAGEMENT FEASIBILITY STUDY:

A Florida Keys Coastal Storm Risk Management Feasibility Study is currently being conducted by the U.S. Army Corps of Engineers. The current version of the study, dated October 21, 2020, is recommending that 8,350 residential properties in Monroe County be required to be elevated and that 22 residential properties be acquired by local governments and demolished.

A list of affected properties has not been released. It is proposed that the $3.1 billion cost of the program be paid 65% by the Federal Government and 35% by non-federal funding, presumably by the State of Florida and/or local governments in Monroe County. Buyers are advised to consult with the relevant governmental entity for more information regarding the effects, if any of this study on the Property.

15.MONROE COUNTY BUILDING DEPARTMENT REQUEST FOR PUBLIC RECORDS:

A complete set of all public documents including permitting, building plans and inspections for every permitted structure is available by accessing the following link https://www.monroecounty-fl.gov/1036/Monroe-CountyPublic-Records . Received by:

New Regulations Came out about downstairs enclosures

so be sure to read our other post

 – Understanding Downstairs Enclosures

– Florida Keys Building – Downstairs Enclosures

You might also want to check out :

– Breaking Down Flood Maps in the Florida Keys

If your thinking about buying a home in the FloridaKeys, be sure to check out our main Buying Page for some really great information!

You can also Contact Us with any of your buying questions.  We would love to hear from you.