Building Department What is the 50% Rule for structures? It only applies if the structure (pre-storm) was below the flood elevation required by FEMA and the Florida Building Code. • Basic Rule: If the cost of improvements or the cost to repair the damage exceeds 50% of the market or true value of the building, it must be brought up to current floodplain management standards. • Market or true value of the building: Market or true value is determined by one of the following: o Building value as listed in the “Tax Roll Value Letter” downloaded from the Lee County Property Appraiser web site. o State of Florida licensed appraiser submitted appraisal for permitting purposes stating the depreciated actual cash value of the structure. Permitting Damaged structures must have their repairs permitted to verify compliance with the 50% rule (for below flood structures) and the Florida Building Code. • Permits for repairs to Single-Family, Multi-Family and Commercial structures shall be performed using Emergency permit procedures. Emergency Building Alteration permit or separate emergency trade permits for Roofing, Mechanical, Electrical, and Plumbing are available. Permits shall be submitted using the emergency permit forms found on the Building Department webpage then submitted through the online portal electronically. • Emergency permits will receive a 25% reduction in fees for 6 months ending on August 7, 2023. • Permit submission must include sketches or plans for repair work, scope of work, market value, Florida product approval for roofs/windows/doors/siding, and, for structural repairs, detailed construction drawings prepared and sealed by an approved architect or engineer as required by code. The FEMA Form for cost estimate of the work is required to determine compliance with the 50% rule if located in a flood hazard area and the structure is below flood. • FEMA flood zone maps changed on November 17, 2022. Any structure that is believed to be above the new base flood elevation must submit a new updated elevation certificate to verify the structure is above flood and not required to comply with the 50% rule. • Single Family Homeowners may perform their own repairs as an Owner-Builder per section 489.103, Florida Statutes (2022). Owner-Builder form must be submitted with the permit application. Click here for the Owner-Builder form. • Anyone hired to do repairs for the homeowner must be a properly licensed contractor. The homeowner should visit the Florida Department of Business & Professional Regulation
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