Resolution 346-1999
Board of County Commissioners
RESOLUTION NO.
346 -1999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA REAFFIRMING BOCC SUPPORT FOR INSURANCE
INSPECTIONS AS THE PRIMARY METHOD OF DETERMINING NFIP
COMPLIANCE, AND REQUESTING FEDERAL LEGISLATION GRANDFATHERING
PRE-1995 NONCONFORMING PRIMARY RESIDENTIAL STRUCTURES
WHEREAS, the continued availability of federally-insured flood insurance protection
and participation in the National Flood Insurance Program ("NFIP") is vital to ~n~e ~urJ1y
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WHEREAS, despite the existence of building code provisions ~r:~~bit~ fflYe
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construction of habitable space below the base flood elevation ("BFE"), hurP!ref!s o'f.Flo@a
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Keys residences have been built or modified in violation of that prohibition; and
WHEREAS, in December, 1996, the Federal Emergency Management Agency
("FEMA") notified Monroe County that due to "numerous violations" of NFIP involving illegal
use of enclosures below BFE or "illegal, often unpermitted, additions," Monroe County's
rating status was downgraded, resulting in increased flood insurance premiums for all
Monroe County flood policyholders; and
WHEREAS, a task force appointed by the BOCC in 1996 made several suggestions
intended to assure Monroe County's continued participation in the NFIP while minimizing the
adverse consequences of large-scale elimination of non-conforming structures; and
WHEREAS, the Task Force recommendations, approved by the BOCC, were presented
to FEMA and other government officials, ultimately resulting in FEMA's decision to
commence rule-making procedure for a pilot project in Monroe County; and
WHEREAS, the BOCC, by Resolution adopted June 11, 1998, requested FEMA to initiate
an inspection procedure, the essential features of which have since been embodied in
FEMA's proposed Rule; and
WHEREAS, the proposed Rule will increase compliance with NFIP requirements while
reducing reliance on adversarial proceedings (i.e. Code Enforcement and judicial actions),
but will certainly result in the elimination of hundreds of residential units now existing below
BFE; and
WHEREAS, many below BFE residential units are occupied as affordable housing, a
commodity which is already undersupplied; and
WHEREAS, the loss of numerous affordable housing units through enforcement of flood
plain management policies will cause great hardship to many working families in Monroe
County and will create adverse economic consequences by exacerbating existing labor
shortages; and
WHEREAS, the NFIP objective of preventing avoidable catastrophic property damage
is difficult to reconcile with enforcement measures which will result in destruction of
hundreds of dwelling units; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
The BOCC reaffirms its support for FEMA's proposed inspection
procedure, as a more effective, non-adversarial method of determining compliance with
flood insurance policy requirements.
Section 2.
Florida's congressional delegation is requested to introduce federal
legislation which would allow the continued occupancy of below BFE habitable space
constructed prior to 1995 provided that:
(a) the space is utilized solely as primary living accommodations or accessory
thereto, and is not used as transient living accommodations.
(b) below-BFE improvements are not insurable under the flood insurance policy; all
such improvements and personal property within a below-BFE enclosure are at the owner's
risk of loss
(c) continued entitlement to the exemption is established by the initial and
periodic flood insurance inspections.
(d) the retention of the below-BFE improvements does not negatively impact the
structural integrity of the building.
Section 3.
This is not a zoning regulation and shall not be construed as a waiver or
modification of any land development regulation or policy.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 22nd day of July, 1999.
Mayor Wilhelmina Harvey
Commissioner Shirley Freeman
~~issioner George Neugent
~ " ioner Mary Kay Reich
A ner Nora Williams
yes
yes
yes
yes
yes
LHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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