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Violations resolved before FEMA changes policies in Monroe County

At least 1,913 floodplain violations will most likely have to be rectified before the federal government will loosen restrictions on downstairs enclosures.

At the request of local Realtors and title agents, Monroe County government representatives met with FEMA Region 4 officials in Atlanta on June 23 to discuss a series of changes to county floodplain and downstairs enclosure regulations. The local real estate industry is concerned how implementation of floodplain rules could impact the sale of homes, sparking lawsuits from buyers, and has called on the county to loosen the restrictions.

On Aug. 7, Monroe County received a letter from FEMA regarding its finding for the National Flood Insurance Program (NFIP) Community Assistance Visit (CAV), which occurred in 2022, according to county spokeswoman Kristen Livengood.

The visit aimed to determine the effectiveness of Monroe County’s floodplain management program as required for participation in the NFIP. Monroe County is currently a Class 3 in FEMA’s Community Rating System (CRS), which shows the county’s dedication to higher floodplain standards and results in a significant discount in flood insurance rates for unincorporated Monroe County NFIP flood insurance policyholders, Livengood said.

Findings from the CAV for the floodplain management program included no identifiable problems with the floodplain ordinance and that the current ordinance meets the minimum standards of the NFIP, according to Livengood. There were no findings that revealed any recent violations of the floodplain regulations, because of the county’s high standards, but the visit did show more than 1,900 structures in unincorporated Monroe County listed on the National Violation Tracker that could have a potential compliance issue, Livengood said.

These potential violations are made up of structures being a foot or more below base flood elevation, Livengood said. FEMA initially raised its concerns with the NVT list when county representatives brought forward questions about changing rules in the floodplain ordinance when they met with FEMA officials in Atlanta, including eliminating the restriction that limits downstairs enclosures to no more than 299 square feet.

Per FEMA’s request, on Aug. 17, Monroe County submitted a plan of action to research the structures listed on the NVT list and determine if violations exist, according to Livengood.

“We have begun work to develop a comprehensive action plan with a commitment of resources and proposed schedule to address the outstanding potential floodplain concerns currently listed in FEMA’s National Violation Tracker,” Monroe County Building Official and Floodplain Administrator Rick Griffin said. “Our preliminary analysis shows the number of properties listed on the NVT can likely be substantially reduced with submission to FEMA of documentation and information showing compliant structures.”

The structures listed may comply because of being flood-proofed (commercial), found in compliance with previously passed inspections, issued a Letter of Map Change, demolished, or located outside Monroe County’s jurisdiction, according to county officials. In addition, some addresses could be on the list due to erroneous elevation certificates or inaccurate insurance reporting.

The county will proceed with an action plan for properties not compliant with the NVT list. A more-detailed action plan is expected to be submitted to FEMA by Sept. 30, Livengood said.

Property owners who think their property may be on the NVT list may see an indicator on their NFIP flood insurance bill if it shows a 0% discount under the CRS discount. Unincorporated Monroe County NFIP flood insurance policyholders see a 35% discount on their policies. If people see a zero, they should contact their insurance agent for more details on why a lesser discount is shown. This is only for unincorporated Monroe County and not for those who live within a Keys city.

The county is still developing the next steps, including seeing which properties can be removed from the list that are not in violation. Details for properties that may be in violation will be decided in the future. The Monroe County Commission will discuss the downstairs enclosure issue when it meets on Wednesday, Sept. 20, Livengood said.

To learn more about the CRS and how it works, visit https://agents.floodsmart.gov/sites/default/files/fema-nfip-crs-guide-2023.pdf.

tohara@keysnews.com