The Property Line: FEMA Flood Regulations Could Prevent Many in Florida from Rebuilding

By: Robert Volpe

The Reporter -The Environmental and Land Use Section of The Florida Bar

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This is the inaugural edition of “The Property Line,” which will be a recurring addition to the ELULS Reporter. This column will cover legal issues surrounding land use, growth management, and development in Florida, including law, regulations, policy, and practical application. 

The National Flood Insurance Program (NFIP)  was intended to encourage local governments to incorporate flood hazards in their land use and development decisions. Communities participate by adopting and enforcing regulations and codes that apply to development in Special Flood Hazard Areas (SFHAs). Floodplain management regulations must contain minimum NFIP requirements that apply to existing structures with proposed “substantial improvements” or repair of “substantial damage.” Participating communities receive discounted rates for flood insurance.

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