Flood insurance in jeopardy
To the editor:
I am deeply concerned that Town Council is willing to consider allowing the construction of a non-conforming structure even when Town staff recommends denial. Everyone’s flood insurance is in jeopardy. Here are the facts.
1. On Aug. 28, 2008, the Town adopted new base flood elevation rules.
2. A building permit for an applicant expired on Feb. 27, 2009.
3. On Dec. 29, 2009 the applicant requested a two-year extension.
4. Staff conditioned an extension on compliance with the new base flood elevation rules, which was not acceptable to the applicant.
5. The applicant rejected staff’s suggestion that they either seek a Flood Insurance Rate Map amendment or apply for a variance with appropriate scientific and technical data.
6. The applicant chose to appeal to Town Council to reverse the administrative decision made by Town staff to deny their request to build a non-conforming structure.
There is no question that there have been unfavorable economic conditions for developers in the last several years. Every property owner has felt the effects of a poor economy. However, the impacts of allowing a non-conforming structure to be built are significant. If Town Council grants the applicant’s appeal, it is possible that FEMA could react by moving to suspend Town participation in the National Flood Insurance Program. Since flood insurance is almost always required to qualify for a mortgage, the impact for new development and all property values could be devastating. At the very least, setting a precedence allowing non-compliance with FEMA flood plain requirements could result in a decrease in the Town’s NFIP rating. A rating decrease would mean that all island properties would pay more for Flood Insurance. Recognizing this, in 1996, the very first Town Council passed a resolution assuring that the Town would enact, maintain and enforce land-use decisions consistent with the criteria set forth in flood insurance regulations.
Town Council delayed a decision at Monday’s meeting in order to request a Florida Attorney General Opinion regarding the developer’s appeal to ignore FEMA regulations. It is hard to imagine a State agency overruling a Federal mandate. Although there is no certainty how FEMA might react to non-compliance by a municipality. Why is our Town Council even considering putting all property owners at risk? This should be a “no-brainer.” Town Council should enforce FEMA flood plain regulations for all Town development requests as promised when the Town first incorporated.
Tom Babcock
Fort Myers Beach