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Flood Maps in the Florida Keys, can be a bit confusing. So I am going to break it down for you to make it as simple as possible.
So lets get one thing straight, basically everywhere in the Florida Keys is in a Flood Zone. I know some of you are going to come at me and say there are X-ZONES. X-ZONES mean that the probability of Flooding is very rare. However, a lot of the X-Zones are going away once the New Flood Maps are implemented.
FEMA is currently working on updating their Flood Maps for Monroe County. The Draft Flood Maps for Monroe county can be found by following this link. About two years ago the county showed the public the drafts maps; then there was a period where homeowners could appeal the changes. We are currently waiting for the new maps to be set. Although the draft maps are just a draft, it is best to check them out so you can know what to expect.
There are two Flood Zones. AE and VE
According to FEMA:
Zone AE: An area inundated by 1% annual chance flooding, for which Base Flood Elevations have been determined.
Zone VE: An area inundated by 1% annual chance flooding with velocity hazard (wave action) for which Base Flood Elevations have been determined.
We like to refer to Flood Zone VE – as Very Expensive in terms of Flood insurance. These zones tend to be near the open water.
On the New Flood Maps, FEMA is introducing and area called, Coastal A Zones. This is shown on the draft maps as a black line with little triangles. This line is referred to as the Limit of Moderate Wave Action (LiMWA).
These areas are still considered AE however, FEMA is stating that these areas are more likely to experience higher wave action. See image below.
Since the Coastal A-Zones, are more likely to experience wave action, FEMA is recommending that these areas be built to VE Standards. The city or county will have to adopt these recommendations. but it is highly likely that they will as they want the homeowners to obtain good insurance rates and maintain good CRS rating (Community Rating System)
Be on the look out, if your Flood Zone is changing from an AE Zone to a VE Zone, the cost of Flood Insurance is going to go up.
Flood Elevation – NEW Flood Maps
Not only are the Flood Zones changing, but also the Elevations. The new maps will be implementing FEMA’s new mapping standard called, NAVD88. With the new mapping standard, there is a difference in elevation of approximately one and a half feet.
Read Below from the Monroe County Website:
To account for this change, ON AVERAGE you should add +1.5 foot to any apparent increase. For example, if your building was in an AE-8 flood zone and is still shown in an AE-8 zone, then it actually experienced an increase of 1.5 feet. Another example, if your building was in an AE-6 flood zone and is proposed to be in an AE-9 zone, the increase appears to be three-feet. However, the actual increase would be 4.5 feet.”
There are a lot of homes that are just above flood. I am talking about 2-3 inches. Once the new maps are implemented they will be, below flood.
New Construction Homes
I really have no idea why I keep seeing this happen. All over the Florida Keys, contractors are building ground-level homes that are above flood for today’s standards, but very shortly these homes will be below flood. The NEW maps will be put into place soon. If you are going to build NEW, consult with your contractor and make sure your home is above flood with the new standard! I know we all hate stairs, but going up just a little more is a whole lot easier than repairing an entire house.
Additional Resources:
Amy is a highly accomplished and esteemed Florida Keys Elite Agent and Diamond Award Winner, boasting an illustrious career spanning over 13 years in the real estate industry. Her expertise extends beyond real estate, with a background in marketing and sales strategy development, showcasing her versatility and business acumen.
Tom is an exceptional professional with extensive experience in the Building, Planning, Zoning, and Development field. Having served in the Civil Engineering Department for the USAF and holding the position of Building Official/Director of Building Planning and Zoning for a municipality for over a decade, he is widely recognized for his expertise and leadership.
10 Tips for Building in the Florida Keys
The time has come, you have secured your parcel in the Florida Keys; you have your building allocation; you paid for your permit and impact fees. Finally, you are ready to move on to the next adventure of building a home in the Florida Keys!
Here are some tips to help make that journey less hectic.
Tip 1 –
Get at-least 3 quotes from each type of contractors. I promise you, they will all come in at different prices. Also, negotiate with them. Ask for a little bit better price and see what they say. Or you can tell them – “ABC Contracting said they would do for $X.XX, but I like you better will you match their price?”
TIP 2 –
Know what you need at Home Depot! There is not a Home Depot on every island, so having a well thought out list can save you time and money. Also, stock up on things you know you will use. It is the worse feeling when all you need is one more roll of painters tape to get the job done and now you have to drive 30 minutes to the store. Did I mention Home Depot has a great return policy? If you don’t use it, just return it!
TIP 4 –
Plan ahead for the NEW FLOOD maps that are coming out. With the new flood maps there is about a foot and a half difference in elevation. If you are planning to build a home on the ground but above flood make sure you plan for the extra 18 inches in elevation. The extra fill to bring the home up will be a bit costly. To check out what your new Flood Zone and elevation will be follow this link.
TIP 5 –
Building within the designated set-backs. If your property extends beyond the setbacks, you will have to ask for a variance, which could cost time and money. If you do have to ask for a variance, make sure to have a good standing with the neighbors and commission.
Tip 6 –
Order your materials as soon as you can. With Covid and supply chain issues, some items can take a while to come in. For example, we wanted solid doors for our home; the estimated time to get them was 6 months!
Tip 7 –
To save money on dumpsters, don’t just throw everything in there all chaotic. It takes a little extra time, but if you can stack the garbage in some kind of order you will get more in the dumpster.
Tip 8 –
Don’t over build. It’s easy to go over board with finishes. Make sure you pick out what you like, but don’t spend so much that you over build and your costs are too much.
Tip 9 –
Have a good window plan. Everyone likes natural light. Make sure there are windows in every room and as large as possible. Also, plan ahead where the TV will go.
Tip 10 –
Anticipate the unanticipated. This is the Florida Keys and getting anything done takes time. Have a back-up plan just in case. Remember, there are no problems, only solutions.
Understanding Market Rate Building Rights Vs. Affordable Building Rights
I know building in the Florida Keys is complicated! Often you will see real estate listings that say, “Market Rate Building Right or Affordable Building Right.” So what are they and what’s the difference?
If you know nothing about the Florida Keys and building down here. Please read this blog first, “What Does Rogo Stand For? – All the Essential you need.”
So a real simple explanation of the differences is that market rate building rights, do not have any restrictions on them in terms, of income, sale price and rent.
Affordable Building Rights have a whole set of rules, on how much the house can be sold for, how much income a person can make that occupies them, and how much rent can be charged.
Both Affordable Rights and Market Rate Rights are obtained the same way, through the ROGO Process.
Now here is where it can get a little crazy. Sometimes in Marathon there are smaller properties that can only charge so much rent because they are just small, for an example a 1 bedroom 1 bath home or a small efficiency. On these types of properties where owners have felt that they would always be able to charge a rent rate in the range of the affordable limits, owners have swap out the market rate building rate and replaced it with an affordable building right. The extra, market rate building right can be sold off and transferred to a receiving site.
The cost of a Market Rate Building in the City of Marathon right now is around $200,000. The transfer fee in the City of Marathon is currently at $40,000. The transfers of the allocations must all be done simultaneously. You can’t just have a building right sitting around with no place to go.
Tip – For Sellers of an Affordable Deed Restricted Property
If you are a seller and own a house with an affordable deed restriction on it, you are only able to sell the home at the set price. See the table below.
If you, the seller, wants to work with a highly qualified real estate agent like myself to get your home sold, one of the things you can do is ask that the buyer pays for all the closing costs and commissions. This way you can walk away with the maximum amount of money. Now you can only do this if the market will allow it. Meaning housing values are high enough and if it justifies the costs.
Tip – For Buyers of an Affordable Deed Restricted Property
Check the length of time left on the deed restriction. I have seen some homes only have deed restrictions for 20 years and when it expires; it will make the home worth a lot more money!
So what does ROGO Exempt mean? Rogo is an acronym that stands for Rate Of Growth Ordinance. Rogo is a point system that the state of Florida uses to regulate how much NEW construction is allowed in the Florida Keys. Read more here, on Rogo.
A vacant parcel that is Rogo Exempt, means that the lot does not have to go through the Rogo process of obtaining a building right. An individual can build a home on a rogo exempt lot once plans and permits have been approved.
Rogo exempt lots are most often the result of an existing structure being torn down due to a hurricane or being an unsafe structure.
The best thing about a Rogo exempt lot is that the “right to build,” never goes away, and there is no specific time frame you have to build by.
This is as opposed to when you receive a “New Building Allocation / Active Permit”
When an individual receives an ACTIVE building allocation through the rogo point system, the time clock starts on the construction process. Typically, you have 6 months to do something in relation to building on the lot. With a Rogo Exempt lot, you can build when the time is right for you.
If you are looking for a vacant lot in the Florida Keys, but want to wait to build, the best option for you is to purchase a rogo exempt lot.
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Amy, a Florida Keys Elite Agent and Diamond Award Winner, has spent over 13 years in the industry. She has successfully guided numerous clients through the intricate process of property transactions, consistently surpassing their objectives and exceeding their expectations.
Tom is an accomplished expert in the Building, Planning, Zoning and Development field, with an extensive career spanning over several years. He has worked in the Civil Engineering Department for the USAF and was the Building Official/Director of Building Planning and Zoning for a municipality for over a decade. Additionally, he is the owner of Alliance Custom Builders, a testament to his entrepreneurial spirit. Tom’s impressive track record includes building homes in both Marathon and Key Colony Beach.
Ok, so here is the truth about Rogo points. Any person who is looking to build a new home in the Florida Keys must obtain a building allocation. You can get an allocation by purchasing one on the open market ( transferable building right) or going through Rogo. Rogo is a competitive point system that allocates building rights to the people with the highest points.
When applying to Rogo, part of the process is the evaluation of the land you are wanting to build on and the type of property you will be building. Depending on the land and home you want to build, points are awarded or taken away.
The Monroe County website said it best.
“The competitive point system guides development toward areas with infrastructure and away from velocity zones and environmentally sensitive areas such as habitat for threatened or endangered species.”
At the end of this article there are some pdf’s of the score sheets. You can download them and view.
Tier System – MONROE COUNTY ONLY
When looking at the score sheet for Monroe County, you will notice a section that states, Tier. My simple version of what “Tier” means is, it tells you how buildable the land is.
The Monroe County Website gives a more in-depth look at it:
Don’t ask me how they determined what lot is what. Apparently, they did some massive research to determine this. However, sometimes it feels like someone just pushed a button somewhere and made one lot Tier 1 and then another one right next to it, Tier 3.
Back to the Monroe County Score sheet – you will see Tier 1 only gets 10 points and Tier 3 gets 30 points. Monroe county is telling you, they prefer you to build on the Tier 3 lots. With Rogo being so competitive right now, I would suggest going for the Tier 3 lots too.
Flood Zone
Another item you should note is the Flood Zone. If you look at the score you see and the vacant parcel you want to build on is located in a VE Zone, then -6 points will be deducted! This is huge. In most cases, VE parcels are located close to the open water.
If you are wondering what Flood Zone the lot you want to build is in, you can always check it Here. Oh, and not to confuse you too much but Flood Zones are going to change soon, find out more by clicking here.
Money
Doesn’t it always come down to money?
You can get extra points by making a payment to the Land Dedication Fund. You know the fund is going around buying up land so that the county doesn’t get sued when the end of the building memorandum comes in 2026. Yeah, that fund. Or you can purchase a Rogo lot and dedicate it to the county, which again costs money. Don’t know what a Rogo Lot is? Well read this post to find out.
Other ways to get Points
A few other ways to get points are: time in rogo, aggregation of 2 lots, adding a cistern, water and energy conservation, and making the home a primary residence.
Competition is high in Rogo right now, so you had better do whatever you can to get those points. There is NO guarantee you will get a building allocation.
Try not to get overwhelmed by the score sheet. You can always call the county or city officials and talk with them. Also, since we have built homes in the Florida Keys, we can help walk you through it too!
Monroe County
City of Marathon
The Village of Islamorada
In order to build a new construction home on a vacant lot, you must first obtain a building allocation in the Florida Keys. There are two ways to obtain a building allocation. The fastest and easiest way is to buy a Transferable Building Right. (T.B.R.) TBR’s are also called Transferable Development Rights. (T.D.R) The next method to obtain a building allocation is to go through Rogo. If you don’t know what Rogo is, read this post, which explains all about it.
Transferable Building Rights (TBR or TDR) are allocations that come from one site and go to another site. As an example, a property owner may have owned a duplex and decided to turn that property into a single family home. The owner of the property would now have an extra building right. The owner could use that right on another lot or sell it to someone else looking for an allocation for their own lot.
A Transferable Building Right must have a sending site and a receiving site. The site location must be similar and in the same area as the sending site. If you have a TBR that is in Key Largo, the receiving site cannot be on Big Pine Key.
The transfer of an allocation is not free. There is a fee. Currently, in the City Of Marathon, the transfer fee is $40,000. In July of 2022, the City of Marathon changed the transfer fee from $20,000 to the $40,000 we see today. Talk about inflation, thats a 100 Percent Increase! Now in Monroe County, the transfer fee is only $1,240.00.
The cost of a TBR rate has increased a lot in the last 15 years. When I first started real estate the cost of a TBR was $20,000. Then it was $40,000, $60,000 and now it has jumped to $150,000 to $250,000 depending on the area. As we get closer and closer to the end of the building memorandum the cost of an allocation has gone up along with the scarcity of rights available.
There are all sorts of different rules on these transfers. For instance, in the Village of Islamorada, a waterfront TBR can only be transferred to a waterfront lot. In Monroe County, Transferable Building Rights can not be transferred to VE Flood Zones, nor can they be transferred to Tier 1 or Tier 2 lots. Your best bet is to check with the county or that municipality to make sure the TBR can be sent to the receiving site.
If you want to find out more about Transferable Building Rights, you can read a lot more details in the Municode. After you click the link, type in the topic you are searching for and you will find what you need.
How many Rogo points do you need to build in the Keys? Well, that depends on the current rankings. In order to obtain a building allocation, an individual’s application must be evaluated by the score sheet, or also referred as Evaluation Points Criteria. The person with the highest ROGO points is awarded a building allocation. If you have never heard of the term ROGO, then follow the link.
Now to answer the question how many Rogo points you need in order to build a house in the Florida Keys. The answer is, there is no exact number of points you must have in order to get an allocation, it just needs to be enough points to be at the top of the list.
The table below shows you the current rankings for the Lower Keys, Year 30, Quarter 1. It’s super small so I am going to zoom in on the “Totals” section.
If you look all the way to the right, in the last column, you will see the total number of points. The highlighted individuals will be getting an allocations. The totals range from 41, 40, and 35. So in order to get an allocation in the lower keys, at this time, you need to be at 35 points or more to receive a building allocation.
The one other item to note about the ranking sheet is the date of submission. This isn’t a first come first serve type of list. The waiting list is always moving. If a person enters ROGO at later date than you and has more points they will be moved ahead of you. The person with the most points wins the race.
Monroe county has it’s own score sheet; the City of Marathon has it’s own score sheet, and so on. So the number of points needed to build will vary from place to place.
Here are some links to the current Rogo results so you can see where the ranking totals are at.
If you are wondering how to get points, follow our link here to view the score sheets and what you need know about them. Also learn about the word Tier.
I know it seems a bit confusing to build a home in the Florida Keys, but once you understand how the system is set up, you can do it. Some people actual hire, others to help them get their permit. If your super busy and just don’t have the time to invest in learning, then hiring someone might be beneficial. But in my opinion, the average Joe should be able to understand the steps needed to build a home in the Florida Keys. Don’t give up; you can always call us to answer your questions. –
Amy and Tom are top real estate agents in the Florida Keys. Amy’s impressive credentials and unmatched marketing programs ensure maximum exposure for your property to a wide audience of potential buyers. Tom’s expertise in Building, Planning, Zoning, and Development, along with his track record of building homes in key areas, makes him an invaluable asset in the industry. Together, Amy and Tom form an exceptional team that delivers exceptional results for their clients.
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