Also known as Substantial Improvement/Substantial Damage. The 50% Rule is a requirement mandated in Charlotte County’s Floodplain Management Ordinance. The rule applies to any building or structure located in a FEMA-designated high-risk flood zone that is undergoing improvements or repairs and does not meet current elevation code requirements. If the cost of the improvement or repair more than 50 percent of the value of the building or structure, it is required to be brought up to Florida Building Code standards including elevation requirements. This requirement affects when a permit is required and when it is not. If the cost of the improvement or repair exceeds 50 percent of the building or structure’s value, it must be updated to meet Florida Building Code standards, including elevation requirements. This requirement determines whether a permit is necessary.
Find Your Flood Zone Visit What Does or Does Not Require a Permit
What is the value of a structure?
Charlotte County’s Floodplain Management Ordinance requires an estimate of the market value of a structure when evaluating the 50% rule. The market value of buildings or structures excludes land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, or tax assessment value adjusted to approximate market value by the Charlotte County Property Appraiser.
What is the value of the work?
The value of the work includes the total cost of all materials and labor for the improvement or repair, such as flooring, paint, baseboards, cabinets, drywall, and other materials used. To assist in calculating this, please use our Detailed Cost Breakdown form.
Examples
Home in a Flood Zone |
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Undergoing Kitchen and Bathroom Remodel |
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Property Appraiser Value |
$250,000 |
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50% of the Structure Value |
$125,000 |
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If the value of the remodel is $125,000 or more, the structure must be brought into compliance with current elevation requirements. |
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Home in a Flood Zone |
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Repairs after Hurricane Flooding |
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Private Appraisal |
$400,000 |
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50% of the Structure Value |
$200,000 |
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If the repair costs are $200,000 or more, the structure must be brought into compliance with current elevation standards. |
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Where do I begin?
Before beginning any improvement or repair to a building located in a FEMA-designated high-risk Flood Zone, you must apply for a permit. You will likely need to submit a Detailed Cost Breakdown form, which includes instructions on the front page. Complete this form thoroughly and attach an affidavit signed by an architect, engineer, contractor, or the property owner.
If the property owner chooses to provide the affidavit, additional documentation is required, including photos of the exterior structure (showing foundation, roof, front, back, and side views, as well as any cracks) and images of any interior damage.
These steps are necessary for Charlotte County to comply with FEMA regulations and the Florida Building Code. By following these guidelines, residents of Charlotte County help maintain eligibility for discounted flood insurance rates through the National Flood Insurance Program (NFIP), saving nearly $3 million per year collectively. This results in an average discount of about $133 per home through the NFIP.