Series FEMA 50 — AJO’s REBUILDING STRONGER SMARTER SERIES

Our series of "Rebuilding Stronger Smarter" focuses on the "smarter" aspects of architecture and construction.

Series FEMA 50 talks about how there are many homeowners who are in the midst of repairing and improving their homes in the wake of hurricane Ian and Nicole.

For those of us whose homes are located in FEMA flood zones, the elusive 50% rule can be very confusing and CRITICAL to understand during the re-construction process.

Scroll to learn more about the complex FEMA 50% rule.

When Does the 50% Rule Apply?

First, it's important to know that the 50% rule everyone is talking about applies SPECIFICALLY if your home is located in a Special Flood Hazard Area, AND when you've decided to make improvements or repairs to your home. This is REGARDLESS of whether these repairs or improvements are in relation to a natural disaster, or merely because you'd like to improve your home. Look for our post on flood zones for more info on finding your flood zone.

What Does 50% Mean?

In general, the 50% rule means that if the cost of your home repairs or improvements is equal to or greater than 50% of your home's value, then the ENTIRE house must comply with FEMA's requirements.

Because every jurisdiction will calculate that value differently, IT IS CRITICAL to check with your local building department.

50% Rule Compliance Requirements

The requirements that you must follow if your home improvements trigger the 50% rule are:

• House must be elevated above the flood zone elevation.

• Construction must comply with current building codes.

• Areas below the flood zone elevation must be built with flood-resistant materials, and can only be used for parking, storage, and access to the house above.

50% Rule Example

The simplest calculation of the 50% rule is to divide your home value in half. In general, that 50% value is the threshold for triggering the compliance requirements.

But there are other complicating factors. Check with your local jurisdiction, and ask them about these keywords:

1. "Are we a cumulative community? What does that mean for me?"

2. "Does our city (or town, county, etc.) have a buffer added to the home value when determining substantial damage?"

Some cities are cumulative, which means they will factor in the cost of improvements made to your home in the past during their calculation of the 50% rule (this is not usually to your benefit). Meanwhile, some cities will give a boon to the homeowner by letting you add a certain percentage to the value of your home (thus raising the threshold for "50%").

Always consult your local building department, as each jurisdiction has different ways to calculate the 50% rule.

Permitting and Timing

If you're making improvements to your home in a non-disaster-related context, the work can be split into several permits.

Depending on the timing, you might not trigger the rule at all! Consult with an architect, a general contractor, or your local building department for more information.

HOWEVER, if you're making repairs in relation to a natural disaster (such as Hurricane Ian or Nicole), you are required to include the TOTAL cost of ALL improvements or repairs all at once, and have the work done in a single period of time.

Consult your local officials, as well as local professionals for specifics and guidance.

So You’ve Triggered the Rule…

At this point, you have two paths to follow: If you're improving a house unrelated to a natural disaster, you can always reduce the scope of work until its cost is low enough to not trigger the 50% Rule.

But if you're repairing a house that was damaged by a natural disaster, then the compliance requirements must be followed. Again...CONSULT YOUR BUILDING DEPARTMENT to discuss your options going forward.

Good luck, stay safe. Together, we can rebuild Florida to be stronger AND smarter.