In the worst-case scenarios, the additional costs imposed by the federal regulations could mean homes must be taken down to their concrete slabs and several feet of fill dirt brought in to raise a site.
Those conversations have centered on what one Collier County attorney describes as the"dreaded FEMA 50% rule."
But in Southwest Florida, the human impact and high cost of repairs stemming from the rule has jurisdictions looking at how they calculate the 50% rule and what wiggle room the federal government is willing to allow. In fact, when Lee County officials pointed to nearby jurisdictions that had similar multipliers in their regulations, County Attorney Richard Wesch told commissioners that federal regulators would demand those jurisdictions remove any additive values to how they implement the 50% rule.Charles Whittington, an attorney with the Collier County law firm Grant Fridkin Pearson, wrote an article on the"dreaded FEMA 50% rule" in 2018 on the law firm's website.
"It is cost prohibitive to raise the structure to meet current FEMA regulations," he said."Some people won't be able to afford it."Richard Durling, owner of Marvin Homes in Lee County, spoke during the Nov. 15 Lee County Commission meeting, imploring the board to proceed with the 15% multiplier despite what federal regulators had conveyed to county staff.
"It's a difficult situation," Durling said, adding that county officials"are doing the best they can." So, properties that have been homesteaded for years could have much lower assessed values than what their actual market value would be today. He said that he feels some property owners may be feeling backed into a corner, which could force them to use unlicensed contractors to repair their properties.
Just one corner of the property falls into a special flood hazard area, but that's enough for the FEMA 50% rule to apply to her repairs, she said.
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