Fort Myers Beach council hears officials: residential flood panels are not permitted under current guidance
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Summary
Technical staff and outside experts told the council that FEMA/FDEM guidance and Florida building code treat dry floodproofing attached to residential structures in V and coastal A zones as noncompliant; staff said five prior permits are being rescinded and the town will publish public guidance and require applicants to consult floodplain and building staff.
Fort Myers Beach councilors received a technical briefing on Feb. 5 about residential flood panels and how state and federal guidance affect permitting.
Tracy (floodplain manager) explained that Florida Department of Emergency Management guidance and FEMA standards generally prohibit dry floodproofing that becomes part of a residential building envelope in V and coastal A flood zones. Tracy warned that panels attached to structures can change hydrostatic pressures and compromise foundations, and that allowing such installations could jeopardize the town's participation in the National Flood Insurance Program (NFIP) and community insurance discounts.
John Dolmer, introduced to the council during the briefing, said the five permits previously issued for residential flood panels were filed before the town's broader review and are in the process of being rescinded. He distinguished mitigation (temporary measures intended to reduce minor damage) from compliance (elevating or designing buildings to a required standard), saying flood panels generally provide mitigation rather than full compliance. Dolmer also cited a recent state law informally referred to in the meeting as Senate Bill 180, noting that it constrains local governments from imposing regulations that are more burdensome than state rules, which limits the town's options for creating stricter local permitting standards.
Peter Hijas (acting building official) told councilors that installing panels that enclose previously required breakaway or hydrostatic-relief spaces makes a structure noncompliant and therefore cannot be permitted. Staff and councilors clarified that storm shutters (designed for wind protection) are treated differently from flood panels and may be permitted when used according to code, but such shutters may not remain installed year-round without meeting egress and other requirements.
Council members pressed staff for clearer public messaging; multiple speakers urged that permit forms or the town website explicitly note that flood panels are not permitted for residential structures in the applicable zones and that applicants should consult staff. The town agreed to publish the guidance on its website, to direct residents to the building official and floodplain manager for property-specific reviews, and to maintain the guidance as codes and federal/state recommendations evolve.
