Building in the florida Keys

Embarking on new construction in the Florida Keys comes with a certain learning curve. Unlike many regions across the United States, building here doesn’t follow the usual route. Here, owning land doesn’t automatically grant you the right to construct. Instead, the initial step entails securing a building allocation through the Rate of Growth Ordinance (ROGO).

What is ROGO?

ROGO, in a nutshell is a competitive point system that allocates building rights to the people with the highest points. 

History Behind ROGO

The Florida Keys holds a special designation from the state of Florida as an “Area of Critical State Concern.” This designation means that the state has control over the amount of new construction that can take place on these islands, specifically referring to new buildings on vacant land.

The reasons behind the state’s regulations are grounded in environmental preservation, safeguarding waterways, and primarily, ensuring the safety of the residents. The primary goal is to ensure that in the event of a hurricane, the entire population can be evacuated within 24 hours.

Using evacuation models, it was determined that the maximum capacity for new construction would reach a 24-hour evacuation time by the year 2023. Going back to 1974, the state distributed a set number of permits for the entirety of the Florida Keys. These permits were allocated to different regions within the Keys, including the Upper Keys, Islamorada, Marathon, Big Pine Key and the Lower Keys, and Key West.

Since 1974, local counties and cities within the Florida Keys have been responsible for distributing these building permits using a point-based system. This system allots permits based on certain criteria, effectively controlling the growth and development of the area.

NOTE: In 2022, Monroe County made a move to extend the ROGO (Rate of Growth Ordinance) until 2026. Now, you might be thinking, “Did they get more permits?” Well, the short answer is no, the total number of permits remained unchanged. But here’s the twist: the county decided to switch things up. As an easy example, say the county was handing out, 10 permits each year. Now, they’re playing it a bit more conservative, and they’re only dishing out 5 permits annually.

For those eager to bring their dream construction to life, the situation turns into a waiting game. Imagine having a ticket to an exciting event, but the line to get in is moving at a snail’s pace. The catch is, the line isn’t just slow – it’s also getting longer and longer as time ticks away. And since it’s a points game it doesn’t matter when you got in line.  If someone with more points enters ROGO they will go up higher on the list.

Question: How does Monroe County assign you a score?

Answer: Monroe County utilizes an evaluation sheet for scoring. To access the score sheet, you can use the link provided below.

Evaluation Criteria 

Question: What does “Tier” signify?

Answer: When you glance at the score sheet tailored for Monroe County, a section labeled “Tier” stands out. In simple terms, this “Tier” indicates the land’s suitability for building.

To delve further, the Monroe County Website offers a more detailed breakdown:

• Tier I: Reserved for environmentally delicate land.
• Tier II: Applies to transition or sprawl reduction areas on Big Pine Key or No Name Key.
• Tier III: Designates infill areas with lower environmental sensitivity (lots that are 50 percent or more developed), as well as platted subdivisions with sufficient infrastructure.
• Tier IIIA: Pertains to special protection areas.

As for how they arrived at these categorizations, it remains a bit of a puzzle. Apparently, a significant research effort was involved in making these determinations. Nevertheless, there are moments when it seems almost as if someone simply pressed a button and assigned Tier 1 to one lot and Tier 3 to its immediate neighbor.

Returning to the Monroe County Score sheet, note that Tier 1 fetches a modest 10 points, while Tier 3 accrues 30 points. Essentially, Monroe County is signaling a preference for construction on Tier 3 lots. Given the current highly competitive nature of the ROGO process, opting for Tier 3 lots would be a prudent strategy.

Question:  What is the 50 Percent Rule?

Answer: The FEMA 50 percent rule is a guideline used by the Federal Emergency Management Agency (FEMA) to determine whether or not a damaged structure in a flood zone is considered substantially damaged. The rule states that if the cost of repairs after a flood or other disaster exceeds 50% of the structure’s pre-damage building value, then the structure is considered substantially damaged.  Some areas will give you 50 Percent of the value and and extra 20 Percent of that.  For example if the building structure is said to be evaluated at $200,000,  you would be able make $100,000 plus $20,000 for a total of $120,000 in repairs.

If a structure is considered substantially damaged, then it must be brought into compliance with current floodplain management regulations, which could include elevating the structure or modifying its design to reduce the risk of future flood damage. If the cost of the required improvements exceeds 50% of the structure’s pre-damage building value, then the owner may be required to demolish and rebuild the structure in compliance with the floodplain regulations.

The FEMA 50 percent rule is intended to ensure that structures in flood-prone areas are built to withstand future flooding events and to protect public safety and property.

The 50 Percent Rule is for the building only and does not include the value of the land.

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 some of the changes on the Draft Flood Maps?

Answer: The New Draft Flood Maps will change the Elevation and in some areas the Flood Zone as well.  

Flood Map Elevations

Currently, new flood maps are under development, and they are expected to raise all elevations by approximately 1.5 feet. Several residences in Monroe County are situated just above the flood zone. However, with the impending release of the new maps, these homes will likely fall below the flood line and will, therefore, be subject to the 50 percent rule.

Flood Zone Changes

Several areas in Monroe will experience a change in Flood Zone. At present, there are two flood zones: AE and VE. The new maps will introduce a new Flood Zone called Coastal A. This change in flood zone will impact how structures are built. Homes that were formerly located in AE and are now in VE or Coastal A zones will require higher construction standards. These higher standards will translate to higher costs for homeowners.  Always check the Draft Map to get an idea of what you can expect in the future.

Question: What are the existing building height restrictions Monroe County?

Answer: The current building height restriction is 40 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.

Monroe County Zoning Map

Set Backs

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. 

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 Monroe County?

Answer: Yes, however the downstairs enclosure is restricted to 299 square feet.  The downstairs enclousure is for STORAGE only not living space.

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.  Lots that have previous had a structure on the are often referred to as ROGO EXEMPT.

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

Answer:  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. 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 Monroe County 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 Monroe County for for accurate information on Building in the Florida Keys.

Links:

Monroe County – ROGO