What Comes Next for ROGO in the Florida Keys?

What Comes Next for ROGO in the Florida Keys?

Rogo In the Florida Keys

The anticipation is high regarding the future of ROGO in the Florida Keys, and we’re curious too! Islamorada has officially exhausted its building allocations, and they’re now considering what to do with a few “administrative permits.” The City of Marathon is set to deplete its allocations by mid-2024, and the county has slowed its pace, anticipating the end of ROGO in 2026.

The Florida Keys

Background

For those not familiar, the Rate of Growth Ordinance, or ROGO, was established in 1992 to ensure resident safety during hurricanes. It introduced a competitive permit allocation system, where the highest-scoring applications receive building permits. If you want a deeper understanding of ROGO, check out our previous posts for more detailed information.

Legal Battles Ahead

For a while now, the county and other municipalities have been aware that the conclusion of ROGO would trigger lawsuits. Numerous legal challenges could emerge, potentially costing millions or even billions of dollars. The pressing question is: who foots the bill for these lawsuits—the state, the county, or the cities? In 2019, proposed legislation recommended a 50-50 split between the state and local municipalities for compensation in successful takings cases.

KEY COLONY POINT

Latest Update on ROGO

If you missed it, Keys Weekly recently published an article following a County Commissioners meeting. Check out the link for the full read.

In essence, the article delves into the Florida Department of Commerce’s exploration of changes to hurricane evacuation models, potentially resulting in 8,000 new building permits in the Florida Keys.

If the state issues these additional permits, allowing construction on all lots, it could significantly impact the local real estate market!

Transferable building rights in Marathon are currently at an all-time high, costing $200,000. However, with transfer fees and closing costs factored in, buyers are paying around $275,000 for a building allocation today.

Consider the effort people have put into obtaining allocations; it has become incredibly competitive in recent years. All the extra expenses individuals incurred to gain more points might now seem like a wasted investment!

Our Prediction for ROGO

This is what I think will happen. It’s just my opinion and thoughts, so please make your decision based on what you want to do!

I think that the state and the county don’t currently have, and will not have, the funds to take on all the lawsuits that are about to occur once ROGO officially stops.

ROGO was designed for life safety reasons, but we all know how government works, and money talks. Due to financial reasons, I think the state will end up issuing about 4,000 more allocations. Even though, in my prediction, it’s still only half, this number of allocations will still disrupt the real estate market.

Right now, it has been extremely hard to sell vacant land because every buyer is worried they won’t be able to build on the lot. The value of land has gone down, which is crazy to think about because here in the Keys, land is so valuable. In Marathon, there was a sale of a vacant lot with an allocation for $225,000. If the allocation is worth $200,000, then that would make the land only worth $25,000.

If the state issues more permits, then the cost of a building allocation will go down, and the land value will go up.

As previously noted, sellers are currently earning around $200,000 for a building allocation. If I had an additional allocation to sell, I would prefer to sell it soon before the county distributes these new allocations, causing a decrease in their value.

If I had some extra cash, I would try to buy vacant land. Many people and other real estate agents are not paying attention to this, so prices are low right now for land. Yes, there is still some risk to this as none of this is guaranteed. As it sits right now, getting a permit on a vacant lot is extremely hard. But they say the bigger the risk, the bigger the reward.

If I owned a vacant lot and didn’t need to sell or wanted to invest in something else, I would keep my vacant lot for a little longer to see what happens. However, there is some risk in this; if they do end ROGO, you’ll end up having to go through the lawsuit process.

Alright so that’s the scoop on the ROGO rollercoaster in the Florida Keys!  What do you think is going to happen? 

Learn More About Building in the Keys Here

Amy Prumo

Amy Prumo

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over a decade of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

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Understanding Downstairs Enclosures in the Florida Keys

Understanding Downstairs Enclosures in the Florida Keys

Downstairs Enclosures: What You Need to Know

Background

Living in the Florida Keys comes with unique challenges, especially when it comes to understanding the rules regarding downstairs spaces in homes.

Rules for Downstairs Enclosures

Here in the Florida Keys, the entire area is at risk of flooding, so there are important rules to follow. If your house was built after 1974, one key rule is that the lowest floor of your home must be above the flood level. This is crucial to prevent flood damage to your property.  Homes that were built before 1974 and have living areas below flood are grandfathered in.

What You Can Do In Your Downstairs Enclosure?

If you have a downstairs area in your home, it’s essential to know that it can only be used for limited purposes. Specifically, these spaces are reserved for parking your vehicles or storing items like lawnmowers, tools, and equipment that you would typically keep outdoors.

Downstairs Enclosure

Understanding Flood Levels

To make informed decisions about your property, you need to grasp the concept of flood levels. The flood level is the lowest point in your home where you can have living space. To find out the specific flood levels for your area, you can easily check online flood maps.

Difference Between Spaces

To avoid any confusion, it’s vital to differentiate between your regular living spaces and other areas in your home. Living spaces are where you cook, eat, sleep, and spend your daily life. Other floors, like your downstairs area, are designated for parking vehicles or storage, such as tools and equipment.

Using Enclosure Spaces Wisely

When it comes to using the storage spaces below your home, keep in mind that they should exclusively serve for parking cars or storing items like lawnmowers and tools. It’s essential not to place furniture or belongings that can’t withstand exposure to water in these areas. The purpose of these spaces is to provide a safe and dry spot for items typically stored outside.

Downstairs Enclosure

Seeking Guidance

If you ever find yourself uncertain about these rules or need further clarification, don’t hesitate to reach out and contact us. 

You can also contact the folks at the Monroe County Growth Management Division, Office of Floodplain Management. You can give them a call at 305.453-8759. They are there to assist you in understanding and complying with the regulations governing downstairs enclosures in the Florida Keys.

Good

Downstairs Enclosure

Bad

Downstairs Enclosure

Downstairs Enclosure

New Regulations Came out about downstairs enclosures

so be sure to read our other post

Buying a home in the Florida Keys – 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.

Amy Prumo

Amy Prumo – 310-384-5647

[email protected]

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over 13 years of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

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What do you mean I can’t build on my own land

What do you mean I can’t build on my own land

What do you mean I can’t build on my land?

Why can’t I just build on my own land?

If you’re thinking about snagging a piece of empty land down in the Florida Keys with big dreams of putting up your own house one day, hold your horses and do some digging first. It’s not as simple as staking your claim and breaking ground. Nope, before you can start hammering away, you’ve got to jump through a few hoops and nab what the county folks call an “Allocation” or a “Building Right.”

The Florida Keys
The Florida Keys
The Florida Keys

But why the fuss over this “allocation,” you ask?

Well, the Florida Keys have this special status given by Florida itself – they’re labeled an “Area of Critical State Concern.” Basically, this means the state keeps a tight grip on how much brand-new stuff can pop up on these islands. And we’re talking strictly about fresh constructions on empty plots here.

So, what’s the big idea behind all this? The state’s got a simple goal: make sure everyone can hit the road and evacuate within 24 hours if a hurricane comes a-knockin’.

Now, why’s Florida got its nose in how the Keys grow? Couple of reasons. First off, they want to keep that natural beauty intact. Think environment, waterways, and all that jazz. But the real star of the show is people’s safety – that’s priority numero uno.

Back in ’74, Florida dished out a limited bunch of permits for the entire Florida Keys. And they didn’t just sprinkle ’em all over; each slice of the Keys got its own little pile of permits. You got the Upper Keys, Islamorada, Marathon, Big Pine Key and the Lower Keys, plus Key West, all divvied up.

Rate Of Growth Ordinance

Since way back then, the counties and cities in the Florida Keys have been playing a points game when it comes to handing out these building rights. More points mean a quicker ticket to that construction party. They’ve got a fancy name for this points thing: ROGO, which stands for Rate Of Growth Ordinance. Oh, and don’t be surprised if you come across the term “BPAS” – that’s just another name for the same gig, meaning Building Permit Allocation System. It’s like ROGO’s cool cousin.

Oh, and a little tidbit: “allocation” and “building permit” are like best buds down here. Sometimes, you might have the golden allocation ticket (aka the right to build), but you’re still twiddling your thumbs waiting on the actual permit to come through from the city or county bigwigs.

Quick FYI, though – places like Layton and Key Colony Beach are the renegades of this whole ROGO game. They’ve got a pass on that front.

In a nutshell, if you’re eyeing a vacant piece of land in the sunny expanse of the Florida Keys with dreams of crafting your very own oasis, it’s crucial to get your facts straight before you start envisioning the palm trees and hammocks. The process isn’t as straightforward as it seems – you can’t just roll up and start building.

For more information about building a home in the Florida Keys, please reach our to us at – 310-384-5647.

Learn More About Building in the Keys Here

Amy Prumo

Amy Prumo – 310-384-5647

[email protected]

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over 13 years of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

 

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Need to Know ABC’s Of The Florida Keys -Acronyms

Need to Know ABC’s Of The Florida Keys -Acronyms

    Development & Regulatory ABC’s in the Florida Keys.

    The following is a list of the most common acronyms associated with Development, Permitting and Government Regulation in the Keys with a brief description and explanation of how it impacts or integrates into the overall development picture.

    ACOE: Army Corps of Engineers. Establishes Jurisdictional Wetland Boundaries which describe buildable vs. non-buildable areas. The ACOE is one of the agencies responsible for permitting of docks and seawalls as well as federal enforcement of environmental wetland regulations.

    BPAS: Building Permit Allocation System. See ROGO

    BFE: Base Flood Elevation.

    Described by “A”,”V”, “X” and soon “Coastal A” Flood zones.

    “A” Zones: The BFE is measured from the top of the lowest living level.

    “V” Zones: The BFE is measured from the lowest structural member supporting the lowest living area

    “X” Zones: Outside the Special Flood Hazard.

    “Coastal A” Zone: BFE measured as an “A” Zone with “V” zone construction standards for the DSE.

    DEO: Department of Economic Opportunity. State Agency responsible for managing the Monroe County Area of State Critical Concern including ROGO and BPAS.

    Note:

    Monroe County is the only county in the State of Florida designated as an Area of State Critical Concern

    El. Cert:  Elevation Certificate. Required survey establishing the elevation of the various floors in a structure relative to the Flood Elevation.

    FAR: Floor Area Ratio. The % of the parcel size that can be developed with structures based on the Intensity of Use.

    FDEP: Florida Department of Environmental Protection. Responsible for State level permitting of docks, seawalls and wetlands enforcement.

    FEMA: Federal Emergency Management Agency. Responsible for managing the NFIP (National Flood Insurance Program) which provides Subsidized flood insurance and for establishing flood zones and flood elevations.

    FDOT: Florida Department of Transportation. Providing curb cuts onto State Roads (US#1)

    FKAA: Florida Keys Aqueduct Authority. Manages water supply into the Keys and sewer systems in various parts of the Keys.

    FLUM: Future Land Use Map. Super-Land Use Classification established to control future development and re-development under which the various Land Use or Zonings exist.

    LDR’s: Land Development Regulations. The development code which includes Zoning classifications, Bulk Regulations (Setbacks, building heights, FAR’s. OSR’s,) Density & Intensity Tables, Parking and Landscaping Requirements, etc.

    LOS: Level of Service. The Comprehensive Land Use Plan contains provisions that are designed to Maintain minimum levels of service for roads, hurricane evacuation times, utilities, Etc. NROGO: See ROGO.

    OSR: Open Space Ratio. Area of the site open to the sky and not covered by buildings.

    ROGO: Rate of Growth Ordinance. Otherwise known as the Building Permit Allocation System or BPAS Dwelling unit allocations.

    NROGO or Non-Residential ROGO is the associated allocation on a square foot basis for commercial development. ROGO and BPAS are designed to maintain the LOS for Hurricane Evacuation prescribed by law and part of the Comprehensive Land Use Plan. Allocations for ROGO, NROGO and BPAS are granted by local government based on a scored application that places preference on applications that impose less impacts on the various LOS. The overall allocations are metered out by DEO in 10 year traunches and are subject to the level of service for the 24 and 48-hour hurricane evacuation times. The current 10-year allocation began in 2013 and ends in 2023 at which time it is generally acknowledged that the 24-hour evacuation time will be exceeded which will potentially result in no additional or a reduced number of ROGO or BPAS Allocations going forward. ROGO Lot: (or BPAS dedication lot) Lots which are dedicated to local government as part of the ROGO or BPAS application process which accrue points towards the overall application score.

    SFWMD: South Florida Water Management District. Manages and enforces Water Management Policy in South Florida. Permits larger projects (2 plus acres) which impact on water quality as it relates to storm water runoff.

    TBR: Transferable Building Right. An existing building right based on a pre-existing dwelling unit that can be transferred via an administrative or conditional use process from a sender site to a receiver site. Also known as a ROGO Exemption. The process varies from the Cities to the County where various rules control the process. In Marathon there is a fee of $40,000 to effect the transfer which is done administratively. In the County it is a Conditional Use. Once the transfer is complete a new dwelling unit can be constructed on the receiver site.

    TDR: Transferable Development Right. TDR’s do not convey a building right but provide density to comply with the allocated or max net density of the receiver site. TDR’s are used to convey land area making the sender site unbuildable and the receiver site buildable. The rules for transfer of TDR’s are complex as TDR’s have both quantitative (number) and qualitative (type) features. Once the TDR transfer is effected the receiver site is then eligible for a ROGO or BPAS allocation.

    TRE: Transferable ROGO Exemption. The process for transferring a ROGO exemption in Unincorporated Monroe County from a sender site to a receiver site which requires Planning Commission approval. TRU: Transient Residential Unit. The City of Marathon uniquely identifies transient residential dwelling units as campground spaces, RV units or hotel/motel units which can be transferred from one site to another with no transfer fee exacted. TRU’s provide for the construction of a 1-bedroom transient unit with 2 bedroom units provided for with a loss of 10% in density and 3 bedroom units a loss 15% of density.

    Tier System: Tier I: Environmentally sensitive and generally unbuildable under ROGO scoring.

    Tier II: Transition Lands on Big Pine and No Name Keys which are generally unbuildable.

    Tier III: Infill lots located in developed subdivisions with adequate infrastructure.

    Tier IIIA: Special Protection Areas which do not fit in Tier I or Tier II.

    If your thinking about buying a home in the Florida Keys, 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.

    Learn More about Building in Monroe County

    Downstairs Enclosure
    The Best Roof For Your Home

    The Best Roof For Your Home

    Metal Roofs – The Golden Standard in the Florida Keys.

    Have you ever looked at the roofs of the homes in the Florida Keys?  If so, you will notice most of the homes have opted for a metal roof. A metal roof is the gold standard when it comes to protection in a hurricane and added home value.  According to the Metal Roofing Alliance metal roofs earn a 140-mph rating and can some can withstand wind gust up to 180 mph.

    From an untrained eye you might think that all metal roofs are the same, but they are not.  

    The two most popular metal roofs that are installed on homes in the Florida Keys are V-Crimp Roofs and Standing Seam Roofs.

    So what’s the difference and is one better than the other?

    V-Crimp

    A V-Crimp roof is a metal roof that has an “V” groove in it. When looking at a v-crimped roof, the fasteners are exposed and you are able to see the screws. The fasteners that are used are screws with rubber washers. The problem with the rubber washer is that the extreme heat and sun cause the washers to deteriorate over time and eventually the rubber washer will need to be replaced.

    Crimp Roof

    Standing Seam Roof

    With a Standing Seam Roof, the fastener and the washers are hidden or concealed. Which makes this type of roofing extremely durable and weather resistant. The panels are attached to the roof deck, so the metal is free from any holes that could allow water to get in. Metal roofs of this type are lightweight and can last up to 60 years.

    Standing Seam Roof

    Maintenance

    Both types of metal roofing are low maintenance and last much longer than your standard shingle roof. In addition, both are versatile and come in different colors. The best color options to reflect light and reduce heat transfer is white. However, if you really like the look of a black roof, you can get that too.

    Cost

    When comparing Standing Seam vs. V-Crimp, roof, cost can be a big difference. If you choose to install a Standing Seam Roof, you can expect to pay quite a bit more. Standing Seam roofs require a complex installation process.

    Conclusion

    Whether you chose to install a V-Crimp Roof or a Standing Seam roof, remember to stay on top of your roof maintenance so you can prevent large costly problems in the future.

    Local Florida Keys Roofing Companies

    All Area Roofing and Construction

    Lindholm Construction

    Eagle of the Keys Roofing

    Amy Prumo

    Amy Prumo – 310-384-5647

     

    Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over a decade of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

     

     

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    Breaking Down Flood Maps in the Florida Keys

    Breaking Down Flood Maps in the Florida Keys

    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.  

    FEMA Coastal A

    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:

    Monroe County Draft Maps 

    FEMA

    Amy Prumo – 310-384-5647

    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.

     

    Amy Prumo
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