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Understanding the FEMA 50% Rule

The FEMA 50% Rule

While the Property Appraiser has no role in issuing building permits or determining flood zones, our values may be used in calculating the FEMA 50% rule.  It is important to note that the best option is a private appraisal, which may also be used for this calculation.

What is the rule?

Simply put, if a property in a flood zone suffers substantial damage and the cost to repair exceeds 50% of market value of the building, then the entire structure must be brought up to current code standards.  This would likely include elevating the structure above flood plain, which can be costly.

For a complete explanation, visit https://www.scgov.net/government/planning-and-development-services/building/disaster-recovery.

Who does it affect?

Properties in a designated flood zone that suffered substantial damage.

How is the permit threshold calculated?

The calculation can use either the improvement value shown on the most recent pre-damage tax roll OR an appraisal performed for this purpose by a state licensed appraiser.  We cannot recommend one over another.  If using the tax roll values, use the search page to locate your property.  Take the most recent improvement value and multiply it by a factor of 1.2.  The threshold will be 50% of the resulting number.

Why is a private appraisal a better option?

The Property Appraiser’s values are ONLY for the purpose of ad valorem taxation.  Since we perform mass appraisal, we have a lengthy set of rules set by the Florida Department of Revenue to comply with that a private appraiser does not.

How are land and building values determined?

Our process begins by valuing the land.  We use sales of vacant lots and homes that were demolished soon after the sale to arrive at market value for land.  We then review sales of improved properties.  Improvement values are determined by adjusting for changes in building characteristics and subtracting land value.

Why can’t you just lower my land value and increase my building value?

The Florida Department of Revenue evaluates and approves our tax roll by comparing our values to recent sales prices.  This includes vacant land. Our land values must pass the tests of being consistent among neighbors and in line with the sale prices.

Other resources

Sarasota County has a web page for disaster recovery: https://www.scgov.net/government/planning-and-development-services/building/disaster-recovery

They also have a document on this subject here: https://www.scgov.net/home/showpublisheddocument/63324/638452193564930000

To look up your values and see your flood zone, use our search page: https://www.sc-pa.com/propertysearch

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