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Flagler County amends floodplain ordinance to comply with Senate Bill 180
Summary
The board approved an amendment deleting the county's five-year cumulative substantial improvement period to align with Senate Bill 180 and FEMA guidance; staff said the change is required by statute and the planning board recommended approval.
Flagler County commissioners voted Nov. 17 to amend the county's floodplain management ordinance by removing the five-year cumulative substantial improvement period, a change staff said is necessary to comply with Senate Bill 180 and FEMA guidance.
Growth Management Director Adam Mingle told the board the deletion removes the county's five-year cumulative tally used to determine "substantial improvement" or "substantial damage" of structures in flood zones. Mingle described a scenario: for a $200,000 home, FEMA's 50% rule sets a $100,000 threshold; cumulative improvements over time count toward that threshold and the county's prior five-year clock had limited cumulative calculations.
Mingle said the amendment is effectively retroactive to the implementation of Senate Bill 180 and that planning staff and the planning board reviewed and recommended the change. Commissioners opened the item for public comment and heard none before voting to approve the ordinance on first reading; staff noted the state law is still in flux but the county must align with statutory requirements.
Mingle emphasized the change does not prevent homeowners from making improvements; it alters the timing and how cumulative work counts toward FEMA's substantial improvement standard. The board approved the ordinance on first reading and the item will return as scheduled for subsequent consideration per the county's process.
