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Home My WebLink AboutResolution 166-2025 Resolution No. 166 - 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 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 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 Yes Mayor Pro Tem Michelle Lincoln Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Holly Merrill Raschein Yes .. • • .')11,!5.':-t;.4,,,,-\-:,--,.-,.-0.\,...f...'-,'.•„''L'.',...$,..', v ':CA BOARD OF COUNTY COMMISSIONERS \.0if.r,,4:'•,F..7E5.T.,3,,,ic;§,-,-:,.:.-,c,•;.•.2••-,•1•7,,-,;:'.,,,f,,:,,...•-,-,.±,.•...,.;.2,(-,5.,.':,,Is'-',S-',_':-,.,,.-;.:,.:-.,-.,--.,,1r::',-,",,E-..!,,.1-.'1,,,47,r A,4-,..,1,iti1-.:i,IgC.L,",i-•.,.t,•..,' Lf,,,'';.;,,,,"tegt• YI, 1' IADOK, lerk OF MONROE COUNTY, FLORIDA• y,� t,R' 's� }.Wry It�„�j,7�JU.1�!3s• .. .. - .i, U W`'uK '::: . lm,a o'ww /j4 •. 7 • -: . 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