Monroe County adopts first ordinance to remove size cap on enclosed areas below base‑flood elevation; second ordinance and effective date remain

Monroe County commissioners adopted an ordinance that amends local building code language to remove the existing restriction that limited enclosed areas below required base‑flood elevation to no more than 299 square feet. County staff stressed this is the first of two actions necessary to fully lift the limit on enclosed spaces below base‑flood elevation.

Emily, a county staff member responsible for the land/building code updates, told the board the action was the first ordinance required. “This is the first of two ordinances that are needed to remove that 299‑square‑foot limitation on downstairs enclosures below flood,” she said. Emily explained the second ordinance — amendments to the land development code — will come back to the board in October. Even after adoption, both ordinances must be effective before the county can issue permits for enclosed areas larger than 299 square feet below base‑flood elevation; staff estimated that full implementation and permit issuance will likely occur in January or February 2026.

Emily also emphasized that, irrespective of the size limitation removal, allowable uses of spaces below the base‑flood elevation remain restricted: “Even without the size limitation, the use will still be solely for limited storage, parking, and building access,” she said, reiterating constraints tied to flood‑risk management and federal FEMA requirements.

The measure passed without public comment. County staff indicated they will take the second ordinance through the required hearings and transmittals and will only start issuing permits for larger enclosed areas once both ordinances are effective and the county completes any FEMA transmittal requirements.