Property owners in Monroe County should be aware of a Federal injunction prohibiting the Federal Emergency Management Agency (FEMA) from issuing subsidized flood insurance policies for new construction on many parcels in the Florida Keys. However, the injunction does not prohibit the issuance and/or renewal of flood insurance policies for buildings that were in existence or under construction as of September 9, 2005. See below for more details.
1. 3/29/05 – Court grants Plaintiff environmental groups’ motion for summary judgment finding that the Federal government fell short of its obligations to protect eight (8) endangered or protected species found in Monroe County.
2. 4/18/05 – Plaintiffs petitioned the Court for a permanent injunction preventing FEMA from subsidizing flood Insurance policies on properties thought to be endangered species habitat.
3. 9/12/05 – U.S. District Court Judge K. Michael Moore grants permanent injunction prohibiting FEMA from issuing flood insurance for “new development” in habitat suitable for endangered species in Monroe County.
US Fish & Wildlife Service given until June 12, 2006 to develop new biological opinion regarding efforts to protect listed species.
FEMA enjoined from issuing flood insurance for new development on the list until it can demonstrate that it is complying with the Court’s March 2005 order.
Approximately 49,000 parcels affected by the injunction. Parcel numbers can be cross referenced for ownership information at the Monroe County Property Appraiser’s Website – www.mcpafl.org
4. 12/16/05 – Court approves modification of injunction that exempts 11 affordable housing parcels from the injunction and defines “new development as “any residential or commercial development where construction of the structure has not yet begun as of September 12, 2005.”
Reconstruction, development, renovation, replacement or expansion of a structure that existed on a site prior to September 12, 2005 is excluded from the definition of “new development” if the action:
a. results in the same use or a less intensive use;
b. no more than doubles the footprint or square footage of the original structure or totals no more than 1500 square feet, whichever is larger;
and
c. does not entail clearing or using any areas on the site outside of areas that were cleared, paved, or within the footprint of the pre-existing structure on September 12, 2005.
CURRENT LIST OF PROPERTIES REMOVED FROM INJUNCTION LIST BY COURT ORDERS REVISED 5/2/08
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9/13/06 & 10/18/06 |
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1/24/07 |
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4/5/07 |
4/18/07 |
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6/12/07 |
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10/20/07 |
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1/14/08 |
3/4/08 |
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