Substantial Damage & Storm Permits

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Note: Pinellas County Government manages Substantial Damage Assessments for unincorporated areas. If you live within a city, please contact your city for specific information about their Substantial Damage plan and permitting information.

How does the Substantial Damage Rule impact Pinellas County?

Here’s what you can expect

• The County made a list of homes that were likely to have flooded or where significant damage was reported.
• Inspectors are visiting these homes to document the damage. If no one is there to let them in, they are doing their best from the outside.
• A quality review and assessment are being done to estimate the amount of damage to each home. This should be completed by the end of the year, but many will be done sooner. Property owners will get a letter informing them of the County’s assessment over the next four weeks.
• You don’t have to wait for the County to complete the Substantial Damage Assessment if you (1) have a permit ready to file and (2) live in unincorporated Pinellas County. Here are your options…
  • If you had minor damage – i.e. less than 12’’ of water and below power outlets – apply for permits now. 
  • If you had more extensive damage, hire a licensed contractor or submit photos and a detailed repair estimate to bring your home back to pre-storm condition. The County will review the repair estimate vs. structure value to determine if it is considered Substantially Damaged. More info on repair permits in the floodplain.
  • Whether your home is determined as Substantially Damaged or not, all improvements are subject to the 49% structure value rule.

The flowchart below shows the options for properties designated Substantially Damaged or not.

Remember: The Substantial Damage rule applies even if you do the work yourself or used donated materials (See items included in Substantial Damage repairs).

What YOU can do if you live in a flood hazard area and your home was damaged…

1. Clear out any remaining storm-damaged drywall, contents and materials. 
2. Look up what you can spend on repairs. Visit pcpao.gov, search for your address and click “FEMA/WLM Letter in the Quick Pick Tool Box on the right. You are allowed to spend up to 49% of the value of the structure (the house, not the land). Make sure to file claims through your insurance. You can also apply for assistance through FEMA, SBA and your NFIP Increased Cost of Compliance Coverage (if you carry this).
3. Ask a licensed contractor for an estimate or create your own estimate of the cost to fully repair your home to its pre-storm condition. If you plan to do the work yourself, FEMA requires estimates to include market-rate labor costs.
4. Consider the costs vs. benefits of raising your house or building a new house at a higher elevation before deciding whether to pay for repairs.
5. If your repair will cost less than 49% of the value of your house without the land, you can apply for permits now, even if you have not received a letter. The County will evaluate your estimate vs. the structure value to determine if it is substantially damaged before they can issue a permit.
6. Be patient and contact us with questions: Substantial Damage assessments will take time. If you have questions or concerns while waiting for your home to be inspected, contact us at 727-464-3888 or send email to sdinspection@pinellas.gov.

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If you think the property appraiser’s value of your house without the land is not correct:

1. Submit a request for a free, pre-storm building value reconsideration to the Property Appraiser’s office.
2. If the reconsidered value still seems too low to you, you can pay for an appraisal from a professional property appraiser. Make sure the appraisal follows guidelines at Pinellas.gov/appraisals.
3. If either of these approaches shows a value of your home that high enough to complete the repairs for less than 49% of that value, you can submit an application for a reassessment. If you have a contractor or are ready to apply for repair permits as an owner, you or your contractor may submit your permit application with the materials needed for reassessment all at once using the online permitting system.

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Things to consider about rebuilding or elevating your home:

If your home flooded during the recent storms, chances are it will happen again. You will likely receive FEMA disaster assistance and/or insurance payments. Consider investing these in raising your home or replacing it. This will likely increase your property value by more than repairing your home at its current elevation.

SBA.gov is accepting loan applications from homeowners whose primary residence was damaged. Other state and federal funding sources may become available to raise or replace your home, but these may take months or even years to become available.

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Frequently Asked Questions:

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Consequences of Non-Compliance

Why does FEMA require a Substantial Damage Assessment? 

Often known as the “FEMA 50% Rule,” federal floodplain requirements for major improvements or repairs for cities and counties across the country make communities eligible for NFIP flood insurance and other critical programs.  

Consequences of non-compliance may include…

• Cities or Counties may face probation or suspension from the NFIP. 

• Homeowners could lose access to federally regulated mortgages and face foreclosure. 

• Loss of eligibility for federal funding (e.g. Hazard Mitigation Grant Program, Flood Mitigation Assistance). 

The County faces the following risks if suspended from FEMA National Flood Insurance Program: 

• Loss of Mortgage Access: No mortgages will be available from banking institutions insured and regulated by the Federal Deposit Insurance Corporation (FDIC) within Special Flood Hazard Areas (SFHA). 

• Ineligibility for Federal Grants: The local government will not be eligible for any federal grant programs that benefit infrastructure within SFHA zones. Must return federal active grants currently in process that benefit SFHA zones, including the Department of Housing and Urban Development’s (HUD) Community Development Block Grant Disaster Recovery (CDBG-DR) program. This restriction hinders the community’s ability to fund recovery and rebuilding initiatives. 

Increased Financial Burden on Residents: The combined effects of these limitations will exacerbate the financial strain on residents, particularly due to the rising cost and limited availability of private flood insurance coverage. 

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The 49% rule and your home’s market value 

Market value means the value of the building and structures, excluding the land and other improvements on the parcel. 

The term refers to the Actual Cash Value (like-kind replacement cost depreciated for age, wear and tear, neglect and quality of construction), determined by a qualified independent appraiser following the Pinellas County Appraisal Checklist, or the “Just Value” of the structure, developed by the  Pinellas County Property Appraiser’s Office (PAO)  for Ad Valorem taxation purposes, adjusted to approximate market value, as determined by the PAO. 

Where can I find the pre-damaged market value of the structure? 

• Go to  https://www.pcpao.gov  

• In the Quick Search area, enter the address and click the search button. 

• After the page loads, you should see “Quick Pick Tool” on the right, click “FEMA/WLM Letter” 

Costs to Include 

Here are some examples of the costs to include when estimating repairs and improvements.  

• Materials and labor cost (including donated or discounted materials and owner-or volunteer-completed labor) 

• Structural elements 

• Demolition and debris disposal 

• Contractor overhead or profit 

• Utility and service equipment 

• Elevation or floodproofing 

• Site preparations 

• Costs associated with complying with regulations or code requirements 

• Interior and exterior finishes 

To pass FEMA standards, costs are based on average commercial rates for labor and materials – that means even if you do the work yourself or get your own materials, you must estimate those costs toward the 49% improvements. That’s because the floodplain regulations are intended to make sure long-term improvements to homes and structures can withstand future flooding.  

 Click here  to use the FEMA substantial damage estimator tool. 

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Property Tax and Substantial Damage/Substantial Improvement

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Related Tasks

Additional Resources

• Pinellas County Land Development Code – Chapter 158: Floodplain Management 
• Submit Flood Damage Prevention Substantial Improvement Disclosure 
• FEMA Cost Breakdown Worksheet Instructions 
• FEMA Guides:
  • Enclosures and Breakaway Walls
  • Homeowner’s Guide to Retrofitting
  • Protecting Manufactured Homes from Floods and Other Hazards