Frequently Asked Questions about the 50% Rule and Post Distaster Emergency Permits in St Petersburg, Florida
After the one-two punch of Hurricanes Helene and Milton last Fall, many St Pete homeowners were surprised and confused by the City’s renewed emphasis on permits and enforcement of the 49% rule.
So, as we mark the one-year anniversary of those storms (and the peak of the 2025 Atlantic hurricane season), I though it would be helpful to revisit and clarify the the permitting process for properties located in flood zones.
What exactly is the 49% Rule?
Technically, it’s the 50% Rule, so you may hear both terms thrown around. The 50% Rule was established by FEMA as part of the National Flood Insurance Program. In order for a community to participate in the program (and earn or maintain certain discounts), one of the rules they must enforce is that no structure in a flood plain can be “improved” (or repaired, in the case of flooding or other damage) by more than 50% of the value of the structure, without the entire building being brought up to current building codes. This often means raising a structure above the flood plain, or tearing it down and starting over with new construction.
At some point in the past, the City of St Petersburg bumped that down to 49%, so now we’re kind of stuck with that.
Why does this rule exist?
The National Flood Insurance Program is taxpayer funded, meaning you and I (and everyone else, even people who don’t live anywhere near a flood zone) are paying for it via our federal taxes. Should we be spending that taxpayer money on rebuilding or improving homes that are at risk of repetitive flooding? Or should we set some kind of limit and encourage people to instead build up or out of the flood zone?
50% is the limit that was chosen by the Federal government, and 49% was superimposed by the City of St Petersburg.
So this only applies to homes that were flooded?
It actually applies to any type of improvement or repairs to properties located in a flood zone. The process and the rules are much the same if you want to build an addition, do a major renovation, or repair flood damage: You can’t spend more than 49% of the value of the structure on repairs or improvements in St Pete, without bringing the entire structure up to current building codes.
So if my home was flooded, or I want a major kitchen upgrade (or both), how do I know what my structure’s value is so I can calculate my 49% number?
First of all, I should clarify that the value we’re talking about has nothing to do with your home’s market value, or the value of the land. It’s only the depreciated value of the structure.
There are two ways you can arrive at this number:
1) Use the County’s predetermined value. This can be found on the property appraiser’s website (pcpao.gov) in the Tools section to the right of the page (after inputting your property address in the search bar), and then selecting FEMA/WLM Letter:
The problem with this number is it’s an automated valuation, and is often inaccurate (usually too low). But it also depends on how much your home repairs or improvements are going to cost. If this automated 49% number allows plenty of wiggle room for you to make the needed repairs or improvements, then this letter may be all you need in terms of valuation. Otherwise,
2) You’d need to pay for and submit a private appraisal from a certified real estate appraiser showing the depreciated value of the building. A FEMA appraisal typically costs between $500 and $1000.
Okay. Now that I know my 49% number, what do I do with it?
You’ll have to compare this to the estimated cost of the repairs or improvements to your home, using “market-based” pricing, and including things like contractor markup and a contingency budget for unexpected surprises. Note that you can’t use things like free labor because you are planning to do it yourself, or free/donated materials.
You then have to submit what the City calls a “Floodplain Substantial Improvement/ Substantial Damage Packet” (available at stpete.org/permits, under Applications & Forms in the lefthand column):
This package (along with supporting documentation such as the appraisal, floor plan, construction drawings, survey, elevation certificate, product approvals, etc) must be submitted along with your permit application, in order to get your permits approved.
How do I determine the cost of my repairs or improvements?
The simplest way is with an estimate from a licensed contractor. The application packet listed above provides sort of a line-by-line breakdown of items that need to be included in the cost, as a guide for you and your contractor to use.
And that’s where things can get a little confusing – Some things, such as flooring, paint, tile, and even kitchen cabinets (if you aren’t moving any plumbing or electrical) normally don’t even require permits. But if your home is in a flood zone, the cost of these items needs to be included in the overall cost of your project because of the 49% rule.
Once I’ve collected all this information, how do I apply for a permit?
If you are using a licensed contractor to do the work, your contractor will submit the documents electronically through the City’s ePlan system.
If you are pulling the permit yourself as the homeowner (which you can only do as an owner-occupant…you can’t pull homeowner permits for rentals or commercial properties), then you have to go downtown and submit all this stuff in person.
The documents go into a queue for Plan Review, where the application gets reviewed by the various City departments (Zoning, Building, etc). After review, they are either approved and your permit gets issued, or in some cases they may be returned for corrections if the City has questions or needs clarification on certain items in the application.
For flood repairs, the City refers to these as Post Disaster Emergency Permits (PDEP).
How long does the Plan Review take?
As you can imagine, the City has been overwhelmed since the storms in 2024. The Plan Review process has been running anywhere from two weeks to two months.
I’ve heard the City issued Code Violations to thousands of homeowners for flood damage. What’s that all about?
The City realized early on that they didn’t have a great way to track which homes were impacted by flooding, and which of those homes pulled the necessary permits for repairs or improvements. So they assigned a Code Enforcement “case” (different from a “violation”) to over 10,000 homes located in flood zones, for tracking purposes.
Once you pull your permits, the Codes case is cleared. Or, if your home was not impacted by flooding, you can contact Code Enforcement Assistance and have the case removed after a cursory review. I do recommend that homeowners take the steps to clear up the Codes case, because it could cause problems when you sell your home in the future.
What about inspections? I’ve heard horror stories from neighbors who failed a building inspection even after jumping through the hoops to get the required permit!
For any permit issued by the City, the Building Department requires certain inspections to close the permit out. Inspections are generally broken down into four categories (building, electrical, plumbing, and mechanical/HVAC), and they are fairly straightforward if you know what to expect.
For flood repairs, required inspections typically include:
Insulation – The Florida Building Code requires certain R-Values for insulation in exterior walls. The combination of concrete block and drywall actually meets this minimum requirement, even without additional insulation. So many homeowners with block (CBS) homes may opt not to add additional insulation to the inside lower portion of their exterior walls as a floodproofing measure.
But any wood frame exterior walls, or walls between interior and exterior spaces that are not of block construction (walls between the interior and the garage are a common example) will require insulation to pass inspection.
Plumbing – Any plumbing fixtures that are moved or replaced will likely require two inspections: A “rough in” inspection prior to the drywall and/or cabinets covering up the plumbing, and a final inspection once everything is complete.
Electrical – Similar to plumbing, electrical requires a rough-in and a final inspection. If your home only had a few inches of water, the electrical system may not have been impacted at all. But for homes where the water got higher, any receptacles or other equipment that were submerged in saltwater will require replacement and possibly a partial rewire.
Drywall – I’ve put drywall after the above items in this list because many homeowners are eager to get their drywall back in place; It adds an element of privacy to your home after having the drywall removed for remediation, and it certainly feels good when the drywall goes in and you start putting things back together!
But it’s crucial that you not hang the drywall until the insulation, plumbing rough-in, and electrical rough-in inspections are complete. Otherwise, it’s possible you could have to open the drywall back up for inspections. The City of St Petersburg does not require inspection of the drywall screws or tape/mud, so only a single final inspection of drywall is normally required.
Mechanical/HVAC – If your AC condenser (the outside unit) was submerged in saltwater, that will likely require replacement of your entire system (both the outside condenser, and the inside air handler), since the units are normally a matched pair.
Another quirk is whenever your outside HVAC equipment gets replaced in a flood zone, it must be installed at least one foot above the base flood elevation. For some homeowners, this can be as much as six or seven feet in the air, requiring special mounting brackets or a roof top installation.
What happens if I fail an inspection?
It’s not the end of the world, and it’s not uncommon, even for work performed by licensed contractors. The City inspector will normally provide feedback on what needs to be corrected in order to comply with the building code. Once those corrections are made, a re-inspection can be scheduled.
What happens if my permit expires?
If you fail to schedule or complete the required inspections, your permit will expire after six to twelve months. Expired permits can cause problems if/when you try to sell your home, so I strongly recommend getting your inspections done and your permits closed out. The only possible exception is if you later decide to demolish your home completely.
Case Closed
Once all of your final inspections are done, your permit status changes to “Closed” and you can move on with your life!
Do you have any general tips for flood remediation? Or things homeowners should keep in mind for future hurricane seasons?
Having had our own home flooded twice (once in Shore Acres in 2020, and once in Venetian Isles in 2024), the best tip I’d share is not to rip out your kitchen and bathrooms right away.
The remediation companies will come though and just completely gut your house: drywall, flooring, kitchens, bathrooms, everything…right down to the studs if you let them, which leaves your home uninhabitable.
While this may be the right approach to properly remediate your flood damage, it doesn’t have to be done all at once. In many cases, you can safely dry out your kitchen cabinets and bathroom fixtures until after you settle your insurance claim and are ready to replace them a few months down the road.
This can enable you to get back into your home in a matter of days or weeks, rather than several months, which could save you tens of thousands of dollars on temporary lodging!
Jeff Copeland is a certified residential contractor (lic #CRC1335463), real estate broker, and property manager, and owner of Copeland Morgan LLC and Copeland Construction & Restoration LLC here in St Pete. He is a longtime resident of St Pete and has lived in Venetian Isles since 2023. He offers a full spectrum of real estate, property management, and construction services.