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BrownFEMA Just Released New Flood Zone Maps.
Do You Need to Take Action?
Most landowners and developers scrutinize the flood zone that their properties are situated in at the time of purchase. It can come as a surprise, then, that the Federal Emergency Management Agency ("FEMA") can update these maps to change the risk and insurance rates for properties. Every few years, FEMA updates its Flood Insurance Rate Maps ("FIRM"). A FIRM is the official map that shows the government's estimate of flood risk by placing properties in respective flood zones.

FEMA is currently in the process of updating FIRMs in Citrus, Gadsden, Hamilton, Hernando, Hillsborough, Leon, Liberty, Pasco, Pinellas, Orange, Madison, Manatee, and Wakulla Counties. One news report estimated that 60,000 people could be affected by these changes in Hillsborough County and the City of Tampa alone. Another report estimated that 28,000 parcels in Pasco County could see flood zone changes. Our preliminary estimate confirms over 50,000 dwelling units will be impacted in Hillsborough County.

These updates are critically important because they could lead to properties (1) being in a flood zone when they weren't before, (2) being in a higher risk flood zone than before, or (3) having a higher base flood elevation. For example, the attached map confirms the extent of impacted acreage in Hillsborough County, where over 60% of the affected acreage falls in one of the above three categories. For these properties, flood insurance coverage could change, since lending institutions may legally require property owners to purchase flood insurance. Construction could become more difficult or more costly on affected properties. Finally, residential sales could be affected, as a property's perceived risk could change.

However, just because the preliminary FIRMs show an increased flood hazard for a certain property does not mean the property owner is without recourse. After the preliminary FIRMs become available to the public, FEMA opens a 90-day appeal period. During the 90-day appeal period, a property owner can challenge the proposed flood risk revisions with evidence showing the preliminary FIRMs are incorrect. This can be beneficial, since a successful challenge can reduce or eliminate a lender's requirement for a property owner to purchase flood insurance. Challenges to FIRMs require the use of technical data and, therefore, property owners should review the preliminary FIRMs and start the process of challenging them before the 90-day appeal period opens.

Alternatively, landowners can process a Letter of Map Revision ("LOMR") or Letter of Map Amendment ("LOMA") at any time, including during and after the appeal period. These processes can be used to change a portion of a FIRM or to get an official determination of how a FIRM relates to a particular property or structure. Each property requires a case-by-case analysis to determine which process is best.

Preliminary FIRMs are now available to the public in all of the counties mentioned above. During this time, property owners or their representatives can review the preliminary maps and prepare for future changes, which will occur when the preliminary FIRMs become effective (6 months after the appeals period ends). Property owners should work closely with local floodplain administrators to determine when their respective appeals period starts and expires. In Hillsborough County, for example, County staff has confirmed that preliminary FIRMs are available; however the 90-day appeal period has not started and has not been scheduled. Pasco County has opened the appeal process and appeals must be submitted by May 28.

More information about FEMA's flood hazard mapping update process can be found on FEMA's website. FEMA has also developed a site that can be used to compare a property's current and proposed preliminary flood zones. Our firm can provide more customized maps and data sets to assist in an initial evaluation, which may be particularly helpful for landowners and developers with multiple properties in multiple jurisdictions.

Our Land Development, Zoning & Environmental team has extensive experience advising clients in all types of environmental and land development permitting strategies, including issues related to FEMA's flood zones. We have in-house planners and a GIS Director who can assist developers, landowners, and other professionals in studying the effects of flood zone changes on various development scenarios. For more information, please contact us.

legalLEGAL UPDATE  

Eleventh Circuit Upholds Sovereign Immunity to Takings Claims Against State Agencies in Federal Court 

Miami residents filed an inverse condemnation suit against the Florida Department of Transportation ("FDOT") and Miami-Dade County after the government constructed a noise abatement wall near their homes but failed to provide compensation for the resulting loss in property value. The Eleventh Circuit upheld that sovereign immunity protected the FDOT from takings suits. View More 
 
Third DCA Allows Airbnb Ban to Continue in Miami Areas Zoned as Permanent Residential Use
 
The City of Miami ("City") passed an ordinance prohibiting short term and vacation rentals in areas zoned as permanent residential use. Airbnb sought an injunction preventing the City from banning vacation rentals. The Third DCA ultimately vacated the injunction because it was overly broad, allowing the ban to continue. View More
 
Fourth DCA Rejects Comprehensive Plan Challenge to 
Stealth Cell Phone Tower
 
The Little Club Condominium Association sued Martin County for allowing an 80ft cell tower to be constructed in a residential area. The Fourth DCA held that the comprehensive plan does not prohibit cell towers but rather calls for them to coincide with community character. View More
 
Golf Course Homeowners Cannot Maintain  Bert J. Harris Act Claim Against County for  Course Redevelopment 
and PUD Amendment
 
After Palm Beach County approved the redevelopment of a golf course, the neighboring residents alleged that the resulting decrease in their property values was a violation of the Bert J. Harris Act. The Fourth DCA rejected this claim, holding that the government would have had to directly affect their property, not adjacent property. View More
 
Eleventh Circuit Conforms EPA's Broad Discretionary Authority to Cleaning Environment Under CERCLA
 
Landowners brought a conversion claim against the Environmental Protection Agency ("EPA"), after the government barred landowners from accessing their property and sold their metal-bearing materials to third party companies. The Eleventh Circuit ruled in favor of the EPA, holding that these actions were within the EPA's discretionary authority under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). View More
Third DCA Reverses Shands Key R060 Case 
for More Fact-Finding
 
After Shands Key was rezoned to a conservation island, the residents claimed they were being deprived of substantially all economic use of their property and therefore the rezoning constituted a taking. The Third DCA was unable to make that determination because the residents failed to produce a ROGO evaluation of their property. View More

SpotTEAM MEMBER SPOTLIGHT   

Abbye Feeley
Associate Director Zoning & Planning
Abbye's Practice: Abbye Feeley is a non-lawyer and serves as an in-house consultant in the Land Development, Zoning, Environmental & Government Affairs Department. Her knowledge of zoning, planning, development, and permitting provides the Firm with an in-house capability to conduct real estate due diligence, evaluate and resolve code enforcement matters and zoning and development issues, expedite permitting and assess takings and property rights issues. She has over 20 years of experience in the public sector including at the Florida Department of Community Affairs and 18 years at the City of Tampa. Abbye's practice is diverse, having worked on projects ranging from lot creation and single family residential, to large-scale planned developments and mixed-use urban infill projects. For more information on Abbye please click here.
Recent Experience: As a Planning & Development Coordinator for the City of Tampa, Abbye represented the Land Development Division on special magistrate hearings and mediations, managed rezoning and special use hearings, managed the administration of large-scale developments and delegated duties of the Zoning Administrator. Abbye was instumental in the creation of the Bayshore Scenic Corridor, including conducting the community participation process, drafting the Comprehensive Plan section, and leading presentation and workshop with the Tampa City Council for the plan's adoption.
IN THIS ISSUE


Team Member Spotlight: Abbye Feeley



QUALIFIED OPPORTUNITY ZONES
View our web-based tool for searching and verifying locations within Qualified Opportunity Zones. Search by address, municipality, county, or census tract.

EXECUTIVE ORDER PERMIT EXTENSION TRACKER
View our online tool that tracks Executive Orders declaring a state of emergency in Florida so that you can research whether opportunities exist to extend the expiration of those permits.

newsRECENT NEWS   
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Act Now to Secure Tolling and Extension Benefits Related to Hurricanes, Algal Blooms and Red Tide Emergency Declarations

Major Water Policy Reform Ahead in Florida
Unanimous Property Owner Win as U.S. Supreme Court Limits the Reach of the Endangered Species Act

Calmer Waters Ahead? Environmental Protection Agency Proposes New "Waters of the United States" Regulation
TeamMEET THE TEAM   
Special thanks to Ryan Ricca who assisted in the drafting of this edition. Ryan is a third-year Juris Doctor Candidate at Stetson University College of Law.
About Stearns Weaver Miller
  
Stearns Weaver Miller Weissler Alhadeff & Sitterson is a full service law firm with offices in Miami, Fort Lauderdale, Tampa, Tallahassee, and Coral Gables, Florida. We offer multidisciplinary solutions with a concentration on Business Restructuring, Corporate & Securities, Labor & Employment, Litigation & Dispute Resolution, Real Estate, Land Development, Zoning, Environmental & Governmental Affairs and Tax. For more information, please visit stearnsweaver.com.