Fort Myers Beach emergency trailer permit applications to be issued before Sept. 1

Fort Myers Beach residents and businessowners with emergency temporary placements for their trailers who are seeking an extension past the Sept. 23 deadline should expect an announcement from the town on the application process sometime next week.

Town of Fort Myers Beach Manager Will McKannay said he expects to develop an emergency temporary placement permit extension application process available sometime next week, before the end of the month.

McKannay said the town will be making an announcement to the public once the application is ready.

The Town of Fort Myers Beach Council voted earlier this week to allow for the extension of temporary placement permits for residents and businesses with trailers to June 1, 2027 for those who can show they are facing hardships and are working on rebuilding their homes and businesses.

The resolution was put forward by McKannay due to what he saw as many hardships still existing among trailer owners in the town who have been unable to finish rebuilding their homes and businesses from the damage caused by Hurricane Ian.

Under the procedures approved by the town council this week, those living in or working out of temporary trailers, would need to show a hardship to continue using the trailers past Sept. 23. McKannay would review the applications for approval. Any denial can be be appealed to the town council.

The town’s counsel Nancy Stuparich said that the Sept. 23 deadline the town had been working under for when the use of trailers could expire, was not a hard deadline the town had to adhere to. Stuparich said the town was able to make exceptions based on the temporary permit resolution that was originally approved by the town council. Town officials and councilmembers had previously stated that the town needed to comply with the state’s three-year deadline for the trailers since an emergency was declared and to comply with FEMA regulations in order to get back into the National Flood Insurance Program. The town has been on probation from FEMA’s National Flood Insurance Program since last year, with property owners losing their 25% flood insurance discount.

Under an agreement being worked on with FEMA, the town could be taken off probation and put back into the National Flood Insurance Program this November.

According to Stuparich, for the town to be compliant with FEMA regulations it needs to be following its own town code as well as FEMA’s regulations in flood zones.

After a site visit from FEMA last month, the town said the date might actually be Aug. 8 as the town worked to get in line with FEMA in order to get off probation and regain the town’s 25% flood insurance discount. The town lost that discount when FEMA put the town on probation last year for alleged permitless work after Hurricane Ian and for not following its own zoning code and floodplain regulations.

According to the town there are 158 active residential temporary placement permits issued since Hurricane Ian and 51 commercial emergency temporary placement permits for businesses. The permits were due to expire Sept. 23.

The extensions for temporary trailers would have to be for trailers that are able to be towable, road-ready and able to be pulled by a light-duty truck, with a quick disconnect from utilities. A four-hour evacuation plan will also be required.

Town counsel Nancy Stuparich said the town’s extensions would be on a case-by-case basis upon request to the Town Manager. McKannay would be able to sign off on the extensions. In the case of a denial by McKannay, a property owner could appeal to the town council.

The town had been notified by FEMA last month that it had until Aug. 8 to comply with requests for information on permits and to remove non-compliant structures as part of a list of 252 properties it said required further documentation and mitigation.

Stuparich said that the recent communications from FEMA does not mention anything about RV’s or residential uses for trailers, only “non-compliant structures.” Stuparich said that the town code does allow for RV’s that can be towed under the circumstances being drafted by McKannay.

Stuparich said the trailers in the town will need to be compliant with FEMA code.

Mayor Dan Allers has previously complained about inconsistent messages from FEMA.

Last year, the town issued numerous citations against property owners for storage containers on site in order for the town to meet FEMA demands related to the town being put on probation for permitless work. The citations included one against La Ola, which is still being challenged through a special magistrate office.

Stuparich said the town can not prohibit a residential use of the trailers before Sept. 23 but once the state law expires Sept. 23, the town can expand its uses for the trailers, Stuparich said.

Allers expressed concern about whether the town would face new repercussions from FEMA if it began issuing new permits for temporary structures.

There are nine hardships listed for the town manager to consider. If the town manager doesn’t grant an extension to a homeowner, they could appeal to the town council.

Vice Mayor Jim Atterholt, who grew concerned last month that the town might not be able to provide grace to those in special exceptions, said on Monday that he worked on making sure there was an opportunity for those in need and working in good faith to clean up their properties and rebuild their homes to get an extension.

“I think it’s important that we create a path for people who are working in good faith to rebuild and it’s important that it’s in sync with FEMA to regain our insurance discount,” Atterholt said.

Atterholt said that he believes increased communication between the town and FEMA led to “a lot more clarity” on how to provide an extension to those who need it while being consistent with what FEMA was asking for. FEMA had requested documentation and corrective actions on 252 properties by Aug. 8.

Under the resolution approved by the town council, the hardships that would need to be cited are among the following:

Delay in processing Elevate Florida application

2. Delay in obtaining construction mortgage or refinancing

3. Delay based on an inability to find licensed professionals to rebuild

4. Delay due to a dispute with a licensed professional or insurance adjustor/carrier

5. Delay due to the lack of available equipment/materials to complete construction

6. Hardship due to inability to sell property

7. Hardship due to inability to secure alternative location to operate business or residence

8. Hardship due to delay in permitting process

9. Hardship due to extended family illness/death of property or business

The burden is on the property or business owner to provide documentation of the

hardship and a plan for resolving the hardship, to the Town Manager to obtain a Hurricane Ian ETPP Extension.

In addition, any extension shall require that the property owner reside in the unit full-time and not have a second home elsewhere. Any extension shall include continuation of any previously imposed conditions.