Building in Marathon

Question: Why can’t I just build on my land without an Allocation?

Answer: The Florida Keys is an area designated as “An Area of Critical State Concern” by the state of Florida. This designation means that the state regulates the amount of new building allowed on the island chain. This pertains only to new construction on vacant land.

Several reasons drive Florida’s regulation of growth in the Florida Keys. These include environmental preservation, safeguarding waterways, and, most importantly, ensuring the safety of life. The state’s ultimate goal is to facilitate evacuating the population within a 24-hour window in the event of a hurricane.

Projected based on evacuation models, the maximum buildout capacity is expected to reach 24 hours by the year 2024.( please note that the City of Marathon extend this date by issues less permits each year) In 1974, Florida issued a predetermined number of permits for the entire Florida Keys. Each distinct area of the Keys, such as the Upper Keys, Islamorada, Marathon, Big Pine Key, the Lower Keys, and Key West, received a specific allocation of permits.

Since 1974, both the counties and cities within the Florida Keys have been allocating or distributing these building rights based on a points system.

Question: How do you get a Building Allocation?

Answer: There are TWO ways to get a Building allocation in the City of Marathon

1. Building Permit Allocation Process – (BPAS)
2. Purchase A Transferable Building Right – (TBR)

BPAS

To acquire a building allocation organically within the City of Marathon, you need to submit an application to BPAS. A few of the items include plans for the intended house construction, a survey, a site map, and a completed application.

Marathon employs a points system for obtaining a permit, with higher points propelling you up the list more swiftly. It’s essential to understand that this isn’t a “first come, first served” arrangement. If you joined BPAS a year ago and someone else enters today with more points, they will secure a higher position on the list.

TRANSFERABLE BUILDING RIGHT

Transferable Building Rights (TBR) 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.  

The transfer of an allocation is not free.  There is a fee. Currently, in the City Of Marathon, the transfer fee is $40,000.  

The average cost of a Transferable Building Right in 2023 is $200,000.

Question:  What is the 50 Percent Rule?

Answer: The FEMA 50 percent rule serves as a guideline employed by the Federal Emergency Management Agency (FEMA) for determining the classification of a damaged structure within a flood zone as substantially damaged.  Typical this will apply to ground level homes below flood.

Defining Substantial Damage

According to this principle, if the expenses associated with repairs following a flood or another catastrophe surpass 50% of the structure’s initial building value prior to the damage, then the structure is designated as substantially damaged.

Once a structure is classified as substantially damaged, it becomes mandatory for it to be aligned with prevailing floodplain management regulations.

This alignment could encompass raising the structure’s elevation or adjusting its design to mitigate the likelihood of future flood-related harm.

Demolition and Reconstruction

Should the expenses linked to the mandatory enhancements go beyond 50% of the structure’s market value before the damage occurred, the proprietor might face an obligation to dismantle and reconstruct the structure in adherence to the floodplain regulations.

Ensuring Resilience and Safety

The primary objective behind the FEMA 50 percent rule is to ensure that constructions located in flood-prone regions possess the resilience to endure forthcoming flooding incidents, thereby safeguarding the welfare of the general public and their assets.

Question: How do you earn points?

Answer: The City of Marathon employs a score sheet to determine the number of points you’ll be granted. Feel free to explore the point sheet provided below.

Score Sheet

Question: Where can I find my Flood Zone information?

Answer: Simply follow the link provided below. In the search bar, input either your address or real estate number.

Current Flood Map

Question: I’ve heard about the upcoming release of new Flood Maps. Where can I go to verify my future Flood Elevation and zone?

Answer: FEMA has issued a draft flood map. You can verify the changes using the provided link below.

Draft Flood Maps

Question: What are the existing building height restrictions in the City of Marathon?

Answer: The current building height restriction is 42 feet.

Question: What are the setbacks?

Answer: The setbacks will vary based on the zoning of the lot. To determine the specific setbacks, utilize the provided link to the zoning map. Subsequently, follow the link to the municode, which will direct you to the relevant section.

Marathon Zoning Map

Zoning Uses and Setbacks – (scroll down)

Question: Can I delay construction for a few years after obtaining my active building allocation and permit?

Answer: No, once you possess an active building permit, you are granted 180 days until your first inspection. Generally, the City encourages consistent project progression rather than extended delays.

Question: Is it necessary to construct above flood levels?

Answer: Yes, all new construction must be built above flood levels.

Question: Are downstairs enclosures permitted in Marathon?

Answer: Absolutely, Marathon allows downstairs enclosures. You have the option to enclose the entire space if desired. There are no specific limitations on the size of the enclosure, whether large or small. However, it’s important to note that the City of Marathon mandates proper venting to facilitate water flow.

Question: What’s the process for obtaining a dock on my property?

Answer: To secure a dock on your property, you need to submit an application through both the Army Corps of Engineers (ACOE) and the Department of Environmental Protection. Additionally, engineered plans for the dock will also be required.

Question: If the property currently has a structure or previously had a structure, do I still need to obtain an Allocation?

Answer: No, an Allocation is not required if the property currently has a structure or had a structure in the past. As long as there was a property on the parcel, you retain the “right to build.” Moreover, there is no specific time frame within which you must commence construction. However, when you decide to initiate the building process, you will need to demonstrate the previous structure’s existence on the lot.

Question: How long does it take to obtain a building permit for a lot that previously had an existing structure?

Answer: The duration of time can vary depending on the City of Marathon. However, it’s important to note that all building permits now require submission to the state for approval, extending the processing time. The estimated timeframe could be around 2 to 3 months.

Question: If I purchase a lot with a previous existing structure and decide to wait before building, what are the implications?

Answer: There is no specific timeframe within which you must commence construction. However, when you decide to initiate building, you will need to demonstrate to the city that a previous structure existed on the lot. One way to accomplish this is by providing a Letter of Determination. Once you obtain an active building right, you will be obligated to show progress every six months to showcase ongoing improvements.

Note: Please be aware that the City of Marathon frequently updates its ordinances, so staying informed about potential changes is important. These answers are not guaranteed, and it’s advisable to always confirm with the City of Marathon for accurate information.

Links:

City of Marathon

Need to Know Acronyms