Substantial Damage and Substantial Improvement
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?
We know recovering from two hurricanes is overwhelming. Pinellas County is actively working to help our residents get back on their feet while following guidelines that will protect our community from future harm.
If you live in a flood hazard area in an unincorporated part of Pinellas County and your home was damaged during the hurricanes, your property will be assessed for Substantial Damage.
Substantial Damage means the cost to repair the home equals 49% of more of its value without the land.
To keep coverage through the National Flood Insurance Program and maintain other federal benefits, Pinellas County’s building code requires all buildings in flood hazard areas that make substantial repairs or improvements to elevate or rebuild up to new flood safety standards.
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 two months.
- 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. If you live in a city, please contact your city for your substantial damage determination.
- For properties in unincorporated Pinellas County:
- 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.
Funding may be available to help. Homeowners may be eligible for funding to help meet requirements to elevate or rebuild. FEMA and other agencies may open funding programs to County residents whose primary residence flooded or who must or wish to bring their homes into compliance with current floodplain requirements. DisasterAssistance.gov for more information.
Is my home “Substantially Damaged”?
All homes located in a flood hazard area are subject to the Substantial Damage Rule. Inspectors will determine if the damage from the recent hurricanes surpasses the 49% improvement threshold.
Important things to remember:
- Storm Recovery Permit Fees Waived – Pinellas County has waived permit fees for all storm-related repairs. For floodplain permit details and applications, see our Storm Recovery Permitting page. For questions, contact Building & Development Review Services at (727) 464-3888. For storm recovery permitting, email buildingpermits@pinellas.gov.
- Actual Cash Value is determined by the Property Appraiser or a private appraiser that follows the Pinellas County Appraisal Checklist.
- The 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…
- Remove damaged drywall and any storm-damaged debris or household items. You do not need a permit to remove damaged drywall and cabinets in unincorporated Pinellas.
- File claims through your homeowners and flood insurance policies.
- Apply for assistance through FEMA, SBA and your NFIP Increased Cost of Compliance Coverage (if you carry this). Assistance can pay for temporary housing and offset some costs for rebuilding up to new flood safety code.
- If you receive a letter in the mail stating that your home is Substantially Damaged, you are required to bring the structure up to flood safety standards. If you disagree with the determination, you may request a re-assessment.
- Hire a licensed contractor and make sure to pull permits from the County; unpermitted work will be required to be removed or redone. Check contractor license.
- 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.
Frequently Asked Questions:
Do I need a substantial damage inspection?
All homes located in the flood hazard area are subject to the Substantial Damage Rule. If you live in a floodplain and your home was damaged during one of the recent hurricanes, especially if you were flooded above your power outlets or had roof damage, your home needs to be assessed for substantial damage. County inspectors will determine if the damage from the recent hurricanes surpasses the 49% improvement threshold. Check to see if your home is in a special flood hazard area.
I received a substantial damage letter. What do I do now?
- Stop All Repair/Renovation Work: Do not start or continue repairs and/or renovations until you complete the necessary steps described in the letter. Doing work before you’ve acted on a substantial damage notice could cost you tens of thousands of dollars down the road.
- Understand the Letter: A Substantial Damage determination means the cost to repair your home is estimated to be 49 percent or more of its pre-disaster market value. This typically requires you to comply with current building codes and floodplain regulations. Depending on the County’s determination, you may need to elevate, relocate, or demolish your property.
- Check Your Flood Insurance Policy: If you have flood insurance through the National Flood Insurance Program (NFIP), you may qualify for Increased Cost of Compliance (ICC) coverage, which helps pay for repairs and renovations required by flood regulations.
- Contact Building and Development Review Services: Our staff can guide you through the necessary permits and steps. Call (727) 464-3888 (option 2) or email buildingpermits@pinellas.gov for assistance. Note: If you live in a municipality, contact your local building official.
- Hire a Qualified Professional: Work with licensed contractors, appraisers, and possibly an engineer or architect to ensure your repairs meet current standards. An elevation certificate may also be required to verify the necessary height above Base Flood Elevation (BFE). Visit myfloridalicense.com to find licensed contractors in Pinellas County. Appraisers must follow this checklist for substantial damage evaluation.
- Explore Financial Assistance: The Small Business Administration (SBA) offers loans and FEMA offers grants to help cover costs not covered by insurance.
Is the decision about my home being “substantially damaged” final?
No, you can submit photos showing damage from Hurricane Helene or Milton, an elevation certificate, a detailed repair cost estimate and an independent appraisal of the home’s actual cash value (not real estate market value) to the Pinellas County Building and Development Review Services Department for reevaluation.
Does this mean I have to vacate immediately?
Not necessarily. Pinellas County staff will inspect your home to ensure it is structurally sound and has working water, sanitary services (toilet and sink), and electricity. If the home is deemed unsafe, you will need to relocate. If minor repairs are needed to make the home safe, a temporary occupancy permit may be issued, for those who received substantial damage letters due to Hurricanes Helene and/or Milton, this would allow you to stay until June 1, 2025.
Can I make repairs to my home?
County staff or your local building official will conduct a habitability review to determine if minor repairs will allow you to safely reside in your home temporarily. Follow the instructions on your substantial damage letter to request a review. Once these minor repairs are completed and approved, you may receive a temporary occupancy notice. If you received substantial damage letters due to Hurricanes Helene and/or Milton that temporary occupancy notice will allow you to stay in your home until June 1, 2025.
What will the habitability review consist of?
The review includes a visual inspection of the home’s structural soundness, including the roof and checks for water, sanitary services and electricity.
Does it cost anything for the permit?
No, there is no cost for a permit to perform minor repairs. Once the repairs are completed and approved, a temporary occupancy notice will be issued.
Why does my home need to be replaced or elevated?
If your home is substantially damaged, it must be brought into compliance with county and state regulations. Elevating your home protects it from future flood damage. The NFIP also requires that homes in participating communities must be rebuilt or elevated to meet or exceed the Base Flood Elevation (BFE) if they’ve sustained substantial damage.
By when does my home need to be replaced or elevated?
If you received a letter resulting from Hurricanes Helene and/or Milton, you have until June 1, 2025, to comply with local codes and ordinances. This ensures your home is protected by the start of the next hurricane season.
What are my options if I own my home?
If your home is substantially damaged, you’ll need to bring it into compliance. This may be accomplished in one of these ways:
- Elevate and Repair the Existing Home
- Replace the Home with an Elevated Home
- Relocate the Home Outside the Flood Hazard Area
- Remove the Damaged Home
What are my options if I rent my home?
If the home you’re renting has been approved for temporary occupancy, talk with the homeowner about their plans to bring the home into compliance. You may be able to stay temporarily, but the home must be brought into compliance or vacated, if you were impacted by Hurricanes Helene and/or Milton, it would be by June 1, 2025.
What if my home is so damaged that I can’t stay?
You may be eligible for FEMA Individual Assistance, which includes help with temporary lodging, basic home repairs, and other disaster-related expenses. Apply by November 29, 2024, by calling 1-800-621-FEMA (3362) or visiting www.disasterassistance.gov. The Florida Division of Emergency Management also offers temporary shelter assistance for qualified applicants. Visit www.floridarecovers.org to apply.
Do I have to let County staff inside my home?
No, but without an interior inspection, we cannot issue a temporary occupancy notice.
Who do I contact to answer my other questions?
For questions about substantial damage, call the Pinellas County Floodplain Management at (727) 464-8900. For inquiries about relocating, replacing, or elevating your home, contact Building Services at (727) 464-3888.
Visit disaster.pinellas.gov for more storm recovery information.
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.
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.
Property Tax and Substantial Damage/Substantial Improvement
Will my 2024 tax bill be reduced due to damage from Hurricane Debby, Helene or Milton?
Property values and tax bills for the 2024 tax year are based on values as of Jan. 1, 2024. While 2024 tax bills will not be reduced, residential property owners are eligible for a partial property tax refund due to damage associated with a catastrophic event if certain conditions are met. Learn more at the Report Property Damage page on the Pinellas County Property Appraiser’s Office website.
My home flooded due to a Hurricane. Will my property’s assessed value increase if I repair or rebuild my home?
The calamity provision in Florida Law protects property owners from an increase in their assessed value following a catastrophe when repairing or rebuilding their property. Learn more at the Report Property Damage page on the Pinellas County Property Appraiser’s Office website.
What should I do if the Structure Value percentage listed on the Property Appraiser’s website (FEMA letter) is lower than what I need to meet FEMA’s repair requirements for my property?
A property owner can hire a private certified appraiser to conduct a retrospective Actual Cash Value appraisal (also known as the ’50 Percent Rule’ appraisal). This often results in a higher structure value as the appraisal includes a detailed interior inspection and a review of owner-provided documentation that demonstrates the home’s quality and condition before the disaster. Such documentation may include pre-storm interior photos or videos, prior appraisals, insurance inspection reports, or MLS listing images. Learn more at the Report Property Damage page on the Pinellas County Property Appraiser’s Office website.
