FEMA regulations impact use of flood panels
Flood panels were touted as the wave of the future in hurricane protection, replacing sandbags and providing more reliable protection, but safety and structural damage concerns have led the Federal Emergency Management Agency to reassess the value of the panels.
In the Town of Fort Myers Beach, residential flood panels are largely not allowed.
“Flood panels for mitigation are not permittable,” Fort Myers Beach spokesperson Abigail Eberhart said.
In Fort Myers Beach, one of the main issues with flood panels is the town’s high flood zone. The entire town is a special flood hazard area. Another issue is concerns from FEMA that they can sometimes be a risk to the structural integrity of a home in certain cases.
Fort Myers Beach Manager Will McKannay said “my goal is to make sure all of the development and all of the projects on the island, and everybody’s property on the island is safe.”
McKannay said there is also no permitting process to allow for flood panels.
“We cannot do that here because of where we are in those flood maps and those flood zones,” McKannay said. “We’re just not in a position where we can’t implement such a policy.”
McKannay said after Hurricane Ian and the town’s placement on probation by FEMA through the National Flood Insurance Program, FEMA informed the town that flood panels aren’t allowed for any residential properties. There are some exceptions for commercial uses that are reviewed on a case-by-case basis. All plans are reviewed by the town’s floodplain manager and planning staff.
McKannay said the town’s main reason for not allowing flood panels is to be compliant with the National Flood Insurance Program, so the town can continue to receive flood insurance discounts for property owners.
When FEMA visited the town in July, McKannay asked how the town was being reviewed for compliance in the National Flood Insurance Program. McKannay asked for the standards. “What they evaluated us on is if our policies are compliant with FEMA and the state,” he said. The review led to a long list of properties that were put under review. “We were successfully able to get put over that line to be put into the Community Rating System” and back into the National Flood Insurance Program, McKannay said.
At present, there are no established regulations or codes that would allow the Town of Fort Myers Beach to issue permits for installation of flood panels as mitigation measures on residential and residential use structures, Eberhart said. Due to the construction requirements and designation of a coastal high hazard area VE (velocity elevation) flood zones, dry floodproofing is not permitted for compliance or mitigation.
Other entities use similar standards.
“Florida Building Code does not support flood panels for residential structures,” Lee County officials said, adding “Unincorporated Lee County residential applicants are not eligible for permits for flood panels. But commercial applicants would be.”
City of Sanibel officials echoed the county statement pertaining to residential structures, adding that commercial food barriers do require a permit.
“Dry floodproofing, making a structure watertight by sealing openings with certified panels and waterproof materials is allowed only for commercial and other non-residential structures located below the Base Flood Elevation (BFE) in AE zones and is not permitted in VE zones,” the City of Cape Coral stated.