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Item J09 J9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting April 16, 2025 Agenda Item Number: J9 2023-3893 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan No. AGENDA ITEM WORDING: Approval of a Resolution eliminating the Implementation Plan for the Monroe County Flood Inspection and Compliance Program, commonly referred to as the "remedial plan," rescinding Exhibit 1 of Resolution No. 193-2014, directing County staff to prepare amendments to the Monroe County Code of Ordinances and Land Development Code to eliminate the size restriction of 299 square feet for enclosed areas below elevated buildings to be used for limited storage,parking or building access only, the required inspections of enclosed areas below elevated residential structures prior to the transfer of ownership, the Floodplain Certificate of Compliance Program, and any other code provisions related to the "remedial plan," and approval to advertise those amendments. ITEM BACKGROUND: The Board of County Commissioners (BOCC) adopted Resolution No. 080-2002 on February 13, 2002, committing to implement an"Inspection Procedure"to identify and reduce potential damage to noncompliant buildings and financial exposure to the National Flood Insurance Program(NFIP), and to ensure Monroe County remained eligible for the Federal Emergency Management Floodplain Management Program. The BOCC adopted Resolution No. 115-2002 on March 20, 2002, adopting the first iteration of the "Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program" (Implementation Plan), commonly referred to as the "remedial plan" (Exhibit 1 to Resolution No. 115-2002). The Implementation Plan was amended by Resolution No. 187-2002 on April 17, 2002, by Resolution No. 152-2003 on April 16, 2003, and by Resolution 440-2011 on December 14, 2011. The BOCC adopted the most recent amendment of the Implementation Plan via Resolution No. 193- 2014 on August 20, 2014, which included five(5) "actions to ensure no new additional illegal structures:" Inspection on Transfer of Ownership Program; Limited Square Footage below Base Flood Elevation (Maximum of 299 square feet); Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to maintain consistency with FEMA Federal Regulations and State of Florida Building Regulations; Certificate of Compliance Program; Inadvertent 1751 observation of illegal structures below base flood elevation. Monroe County successfully closed a series of Community Assistance Visits (CAVs) in November 2015 and was invited to join the NFIP Community Rating System(CRS). Since entering the CRS program at a Class 6 in 2016, Monroe County has worked to improve its rating, achieving a Class 3 rating in 2022, which the County has maintained since. Monroe County received favorable outcomes from CAVs in 2016 and 2022. The BOCC,pursuant to its legislative authority under Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, enacted Ordinance 026-2022 on November 15, 2022, updating Monroe County's floodplain management chapter to be consistent with the State Floodplain Management Office's Model Floodplain Management Ordinance. As enacted via Ordinance 026-2022, Monroe County now requires nonconversion agreements for enclosed areas below elevated buildings (See Monroe County Land Development Code (MCLDC) Sections 122-11(d)(8), (i), and 122-25(b) (4)). The required nonconversion agreements have proven to be more effective than the actions required under the 2014 Implementation Plan. On March 26, 2025, at the direction of the BOCC, County staff met with representatives for FEMA in Atlanta, GA, and discussed and agreed that the nonconversion agreement requirement meets the intent of the previous requirements of the 2014 Implementation Plan. On March 28, 2025, FEMA issued a letter to the County stating its approval for the elimination of the 2014 Implementation Plan. FEMA acknowledged Monroe County's dedication to not only meeting minimum NFIP standards but those higher standards by which the County achieved a Class 3 CRS rating. Since Monroe County will no longer be under the Implementation Plan, FEMA and the Florida Division of Emergency Management(FDEM)will add a compliance component to review a random sample of structures within Monroe County during the CAVs that are conducted for the Endangered Species Act, which take place at six-month intervals. The elimination of the Implementation Plan will allow the County to update its floodplain regulations to eliminate the 299 square foot restriction for enclosed areas below elevated buildings. This includes, but may not be limited to, language within MCLDC Section 122-25(b) and Monroe County Code(MCC) Sections 6-147(b) and 6-148. The elimination of the Implementation Plan will also allow the County to eliminate the required inspections of enclosed areas below elevated residential structures, which includes but may not be limited to, MCLDC Section 122-15. The County will also eliminate other programs required by the Implementation plan, including the Certificate of Compliance program, which includes but may not be limited to MCLDS 122-16, along with any other programs in the code related to the 2014 Implementation Plan. This resolution directs County staff to prepare amendments to eliminate these requirements and grants permission to advertise those amendments. PREVIOUS RELEVANT BOCC ACTION: Resolution No. 080-2002, February 13, 2002, committed to implement an"Inspection Procedure"to identify and reduce potential damage to noncompliant buildings and financial exposure to the National Flood Insurance Program (NFIP), and to ensure Monroe County remained eligible for the Federal Emergency Management Floodplain Management Program. 1752 Resolution No. 115-2002, March 20, 2002, adopted the first iteration of the "Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program" (Implementation Plan) (Exhibit 1 to Resolution No. 115-2002). Resolution No. 187-2002, April 17, 2002, amended the Implementation Plan at request of FEMA. Resolution No. 397-2002, September 18, 2002, extended compliance deadlines under the Implementation Plan for affordable housing. Resolution No. 152-2003, April 16, 2003, major revision to the Implementation Plan, adopted the "299 rule" and "inspection upon transfer of ownership program." Ordinance 037-2003, adoption of new floodplain rules consistent with 2003 Implementation Plan. Resolution 440-2011 on December 14, 2011, amended Implementation Plan to reflect change in state law related to inspections. Ordinance 010-2012, update to floodplain rules, removed flood inspection requirement to issue building permits (per state law), added Certificate of Compliance program. Resolution 193-2014, August 20, 2014, amended Implementation Plan - current version. Ordinance 026-2022,November 15, 2022, updated floodplain management chapter to be consistent with the State Floodplain Management Office's Model Floodplain Management Ordinance. January 15, 2025, BOCC meeting, direction from BOCC for County staff to meet with FEMA in order to seek elimination of the Implementation Plan. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: SIGNED_Mo roeFEMA R _Mo roe County Letter_03262025.pdf Resolution remedial plan elimination 2025.pdf FINANCIAL IMPACT: n/a 1753 U.S.Department of Homeland Security Region 4 3005 Chamblee Tucker Road Atlanta,GA 30341 E1 w `ANIiW 5bp/ March 28, 2025 Christine Hurley County Administrator Monroe County 1100 Simonton Street, Suite 205 Key West, FL 33040 Re: Elimination of 2014 Implementation Plan for Monroe County Flood Inspection and Compliance program Dear Ms. Hurley: Thank you for taking the time to meet with me and my team at FEMA's regional office in Atlanta on March 26. We appreciate your partnership and share your commitment of keeping people safe during flooding events. During the meeting, we discussed your request to eliminate the 2014 Implementation Plan, and we concur that the time has come for Monroe County to move forward. Monroe County has demonstrated compliance with the minimum standards of the National Flood Insurance Program (NFIP), while also meeting the higher standards necessary for a Class 3 rating in the NFIP Community Rating System. I commend you and your team for the hard work and dedication to these efforts over the last decade. Adopting stronger building codes and enforcing those requirements through code enforcement is the responsibility of the community. As discussed, FEMA agrees that the non-conversion agreement adopted into the county's regulations meets the intent of the remedial plan to prevent habitable enclosures below elevated buildings. We also concur with your request to eliminate the requirement that limits the size of these lower enclosures to 299 square feet as long as the county continues to ensure the use of the space will be limited to storage,parking, and building access. FEMA's floodplain management staff, in partnership with the Florida Division of Emergency Management, will add a compliance component to review a random sample of structures within the county during the Community Assistance Visits (CAVs)that are conducted for Endangered Species Act(ESA). These visits will take place in six-month intervals and serve a dual purpose of providing technical assistance to the community and assuring that the community is adequately enforcing its floodplain management regulations within the Special Flood Hazard Area. 1754 Again, I want to thank you for your partnership, and I am so very pleased we have been able to work together to balance NFIP compliance requirements and the needs of Monroe County residents without compromising public safety. If you have any questions please contact FEMA Region 4 Office, Jason Hunter, Floodplain Management and Insurance Branch Chief, at Lason.hunter&fema.dhs.gov or call 404-909-6125. Sincerely, Robert D. Samaan Regional Administrator Cc: Jacky Bell, Director, Region 4 Mitigation Division Jason Hunter, Region 4 Floodplain management& Insurance Branch Chief Jillian Kraynak, Florida NFIP State Coordinator 1755 Resolution No. - 2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RESCINDING EXHIBIT 1 OF RESOLUTION NO. 193-2014, ELIMINATING THE IMPLEMENTATION PLAN FOR THE MONROE COUNTY FLOOD INSPECTION AND COMPLIANCE PROGRAM, DIRECTING STAFF TO PREPARE AMENDMENTS TO THE MONROE COUNTY CODE OF ORDINANCES AND LAND DEVELOPMENT CODE TO ELIMINATE THE SIZE RESTRICTION OF 299 SQUARE FEET FOR ENCLOSED AREAS BELOW ELEVATED BUILDINGS, TO ELIMINATE THE REQUIRED INSPECTIONS OF ENCLOSED AREAS BELOW ELEVATED RESIDENTIAL STRUCTURES PRIOR TO THE TRANSFER OF OWNERSHIP, TO ELIMINATE THE FLOODPLAIN CERTIFICATE OF COMPLIANCE PROGRAM AND TO ELIMINATE ANY OTHER CODE PROVISIONS RELATED TO EXHIBIT 1 OF RESOLUTION NO. 193-2014, AND APPROVAL TO ADVERTISE THOSE AMENDMENTS. WHEREAS, the Board of County Commissioners (BOCC) adopted Resolution No. 080-2002 on February 13, 2002, committing to implement an "Inspection Procedure" to identify and reduce potential damage to noncompliant buildings and financial exposure to the National Flood Insurance Program (NFIP), and to ensure Monroe County remained eligible for the Federal Emergency Management Floodplain Management Program; and WHEREAS, the BOCC adopted Resolution No. 115-2002 on March 20, 20027 adopting the first iteration of the "Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program" (Implementation Plan), commonly referred to as the "remedial plan" (Exhibit 1 to Resolution No. 115-2002); and WHEREAS, the Implementation Plan was amended by Resolution No. 187-2002 on April 17, 20027 by Resolution No. 152-2003 on April 16, 2003, and by Resolution 440- 2011 on December 14, 2011; and WHEREAS, the BOCC adopted the most recent amendment of the Implementation Plan via Resolution No. 193-2014 on August 20, 2014, which included five (5) "actions to ensure no new additional illegal structures:" Inspection on Transfer of Ownership Program; Limited Square Footage below Base Flood Elevation (Maximum of 299 square feet); Chapter 122 Land Development Code Floodplain Regulations, as may be amended from time to time to maintain consistency with FEMA Federal Regulations and State of Florida Building Regulations; Certificate of Compliance Program; Inadvertent observation of illegal structures below base flood elevation; and 1756 WHEREAS, Monroe County successfully closed a series of Community Assistance Visits (CAVs) in November 2015 and was invited to join the NFIP Community Rating System (CRS). Since entering the CRS program at a Class 6 rating in 2016, Monroe County has worked to improve its rating, achieving a Class 3 rating in 2022, which the County has maintained since; and WHEREAS, Monroe County received favorable outcomes from CAVs in 2016 and 2022; and WHEREAS, the BOCC, pursuant to its legislative authority under Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, enacted Ordinance 026-2022 on November 15, 2022, updating Monroe County's floodplain management chapter to be consistent with the State Floodplain Management Office's Model Floodplain Management Ordinance; and WHEREAS, as enacted via Ordinance 026-2022, Monroe County now requires nonconversion agreements for enclosed areas below elevated buildings (See Monroe County Land Development Code (MCLDC) Sections 122-11(d)(8)7 (i), and 122-25(b)(4)); and WHEREAS, the required nonconversion agreements have proven to be more effective than the actions required under the 2014 Implementation Plan; and WHEREAS, on March 26, 2025, County staff met with representatives for FEMA in Atlanta, GA, and discussed and agreed that the nonconversion agreement requirement meets the intent of the previous requirements of the 2014 Implementation Plan; and WHEREAS, the BOCC seeks to eliminate the size restriction for enclosed areas and to allow enclosed areas below elevated buildings of any size for use as limited storage, parking or building access; and WHEREAS, the BOCC seeks to eliminate the requirement for inspections of enclosed areas below elevated residential structures prior to the transfer of ownership; and WHEREAS, the BOCC seeks to eliminate the Implementation Plan in its entirety, bringing unincorporated Monroe County in line with the municipalities within the County. This will also include the elimination of the Floodplain Certificate of Compliance Program and any other code provisions related to the 2014 Implementation Plan; and WHEREAS, the BOCC maintains its commitment to enforce the County floodplain regulations; and WHEREAS, the BOCC understands that FEMA and the Florida Division of Emergency Management (FDEM) will add a compliance component to review a random sample of structures within Monroe County during the CAVs that are conducted for the Endangered Species Act, which take place at six-month intervals; and 1757 WHEREAS, on March 28, 2025, FEMA issued a letter to Monroe County stating its approval for the elimination of the 2014 Implementation Plan; and WHEREAS, the BOCC directs County staff to begin the process to amend the County's Code of Ordinances and Land Development Code to eliminate the size restriction of enclosed areas below elevated buildings to 299 square feet, the required inspections of enclosed areas below elevated residential structures prior to the transfer of ownership, the Floodplain Certificate of Compliance program, and any other code provisions related to the 2014 Implementation Plan, and grants permission to advertise those amendments. Now therefore, be it resolved by the Board of County Commissioners of Monroe County, Florida that: Section 1. The BOCC hereby rescinds Exhibit 1 of Resolution No. 193-2014 "2014 Implementation Plan for the Monroe County Flood Inspection and Compliance Program." Section 2. The BOCC hereby eliminates the "Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program," commonly referred to as the "remedial plan." Section 3. Monroe County staff is directed to prepare amendments to the Monroe County Code of Ordinances and Land Development Code to: 1) Eliminate the size restriction of 299 square feet for enclosed areas below elevated buildings; and 2) Eliminate the required inspections of enclosed areas below elevated residential structures prior to the transfer of ownership. 3) Eliminate the Floodplain Certificate of Compliance Program. 4) Eliminate any other code provisions related to the 2014 Implementation Plan. Section 4. Approval to advertise the amendments described in Section 3 is hereby granted. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th day of April, 2025, held in Marathon, Florida. Mayor James K. Scholl Mayor Pro Tem Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Merrill Raschein 1758 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Approved for form and legal sufficiency Kelly Dugan Assistant Monroe County Attorney 1759