FEMA Wants Temporary Structures Gone

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On Monday the Fort Myers Beach Town Council discussed how they plan to notify residents and business owners that have temporary structures like trailers that they must be removed by November 18th. FEMA is behind this push to get these structures off the island.

According to Fort Myers Beach Operations and Compliance Manager Frankie Kropacek any structure that cannot be attached to a light duty truck and moved off the island quickly during an evacuation must be gone by November 18th. This includes shipping containers, trailers, and other temporary structures like pods. This FEMA law affects all island property from the Gulf of Mexico across Estero Boulevard two lots deep. The entire island of Fort Myers Beach is considered to be in a special flood zone area. The rationale for this FEMA law is that the feds do not want to pay twice for the same thing. Kropacek said, “These structures will take out houses down the street in a storm.” During Hurricane Ian debris from older structures, built many years before stricter building codes were put in place, were found blocks from where they once stood. Some of the debris was littered on Estero Boulevard. Some of it was carried into homes and pools. 

The town had been issuing temporary use permits to allow businesses to open short-term facilities while they made plans to rebuild. The town even issued temporary use permits to several businesses to open up on property they did not own. After Hurricane Ian destroyed so many businesses, the Town Council was trying to help those businesses get back on their feet if they were planning to rebuild. This FEMA law supersedes the town so it’s unclear if the town even has the authority to allow temporary structures even if a business has plans on the books to rebuild. 

An example of one of those businesses might be The Goodz hardware store on Estero Boulevard which was completely destroyed by Hurricane Ian. That building was eventually demolished and the owner of the business has been operating out of a trailer across the street on the property of the former Sea Gypsy hotel. As of Monday, The Goodz owner Graham Belger had not been notified by the town that he had to close shop by November 18th. Belger does plan to rebuild on his property at 1741 Estero Boulevard, however, the only item in the permit portal is a pre-application meeting back in March and that may not be enough to keep the town from asking him to move the trailers off the island. Belger is hoping to have his building plans finalized and submitted to the town in the next few weeks. If that happens it will be interesting to see how the town deals with his temporary structure which is not located on his own property. UPDATE: On Tuesday Belger confirmed to Beach Talk Radio News that Town Manager Andy Hyatt and Kropacek informed him he can stay where he is while he rebuilds. 

Another example might be Sun & Fun rentals which is now operating out of containers on property where the Liki Tiki restaurant was before Hurricane Ian wiped it out. As of Monday, Sun & Fun owner Steve Larson had not been notified he had to close up by November 18th. 

It’s unknown what might happen to businesses in Times Square. The Town Hall trailers do not have to be removed because of the way they were installed in the ground in accordance with FEMA regulations.

The town was hoping to give these businesses until September 28, 2025 to have solid rebuild plans in motion. However, the November 18th date set by FEMA is now the new deadline. If a business owner has not begun the process to rebuild they are no longer going to be able to operate in a temporary structure on Fort Myers Beach. FEMA and Florida Emergency Management Director Kevin Guthrie recently met with town staff to notify them there would be no extensions made to the November 18th deadline. This affects businesses, residents and condos. Kropacek said that condos that have shipping containers on their property being used for storage or supplies must also go. 

FEMA is putting the pressure on the town to get everyone into compliance by November 18th. If the town does not come into compliance by November 18th the town will be put on probation with FEMA which will impact the discount residents receive under the National Flood Insurance Program. 

Mayor Dan Allers wanted to know how the town could enforce the FEMA ruling if someone just decided not to come into compliance. Town attorney Nancy Stuperich said if the town issued a temporary use permit to a business and that business did not come into compliance the permit will be revoked. In addition, no additional Temporary Use permits will be issued. 

The town has already started notifying condo owners. They’re working their way down the island to let people know who must remove structures. 

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34 COMMENTS

  1. La Ola should move to Santini plaza! There is restaurant space available, and the south end would support him! Businesses can’t operate in trailers forever…it’s been two years, time to start building or occupying existing structures.

  2. Apart from this recent demand.
    I ask why wasn’t a removal order of these “temp” structures ahead of our most recent flood event?
    There needs to be a better plan at on the town level to order these trailers removed on approaching storms.
    This is the deal the operators made with the town to have a mobile business operate against the towns no mobile vendors ordinance.
    So a true M and P meeting should discuss a new contingency plan.
    There may be many orders of removal that become false alarms,but this is part of the deal.
    At what point of a storm in the cone of uncertainty do you make this order?
    3 days prior to storm possibilities?
    The rules need to be black and white .
    Anyone that does not comply loses their permit .
    Anyone want to chime in?
    FEMA definition of a light duty truck also needs to be specific ?
    1/2 ton 3/4 ton pickup ?
    Some of these storage containers cannot be hauled off without a flat bed trailer.Tom at LaOla seems to have thought his removal plan out thoroughly .He has jumped thru all the hoops as he was constructing after the storm.

  3. We have about 14 more months to get our condos built back & open for business, right now we have a construction trailer here that is more or less a container unit with AC. These guys (5) work out of it everyday as an office. Once the construction is completed it will be gone. Hurricane season is almost done for this season so having a little more time on the clock would help these properties rebuilding out. I know some are misusing this privilege and its sad because it affect everyone. I get it the rational behind it but the timing FEMA is putting on this is a little off in IMOA. Bottom line, looking at changing this office trailer to something with wheels on it is a little hard to find right now. trust me, I been searching and making phone calls all day. I call BS on the “All of a sudden move your stuff” says F-federal, E-entitled, M-mandating, A-a$$wipes.

  4. Good riddance to all temporary trailers. Either start building or sell so a real building can be built. The longer it is allowed the longer it will go on. Renting land to temporary trailers should have never been allowed. Just eyesores that reduces property values. Lack of rentals open is delaying the building owners to get moving for lack of retail sales or butts in seats for dining.

    • The land was never supposed to be rented. Residential trailers were only supposed to be for owners who were under contract and actively building or rebuilding. Now we have “weekend get away” trailers just sitting and waiting for a storm to sweep them off their wheels and into our yards, homes, fences, pools,etc. Who allowed this ?????? Maybe Ed can find out how this happened and who is responsible for them being here in the first place??? We have a guy on our street that is renting the land, lives in an RV and the owner claims he is helping doing things around the lot! WHAT???? He doesn’t do anything but drive up and down the street and yet he is allowed to stay.

  5. If the town hall trailers are aloud to stay because FEMA did something special like anchoring them in to the ground???? Why cant the rest of us do that? Is it really FEMA rule?

  6. It’s time for some higher up to step in with some common sense. I understand there needs to be a date, but as others have said, how about the date being just before the NEXT hurricane season, not at the end of one!

  7. More clarification is needed: What areas are affected? I’ve see mention of a given coastal zone and also a number of lots beyond Estero….. which is it?? And what can stay and what needs to go? Clear as mud so far!!

  8. Federal government agencies are pitiful. Making Fort Myers jump through hoops instead of doing all they can to help. Maybe if Fort Myers was located in Ukraine, it would be rebuilt by now.

  9. Why November 18th? Which is pretty much past Hurricane season – why not have them removed or secured properly no later than next hurricane season’s start (they have already been there through two seasons – pretty much) Why would FEMA or the town want business’s to be affected right before “season” starts – when businesses are trying there best to survive and also get through what seems to be a very long process to rebuild. This make no sense on FEMA’s part.

  10. I think FEMA is being totally ridiculous with their November 18th deadline!!! Those trailers have been there through 2 hurricane seasons already why not wait until June 1?????

    • They need to have the residential trailers that are parked on the lots and the owners are not living in them, nor are they under contract to rebuild, removed as well. When storms are forcasted, these people do not come here and remove their RV’s/trailers. People use them as a little weekend “get away” spot for them or their friends. There are also RV’s that are being rented out to just random people. It makes no sense to make a business that is being used to provide a service to the island be forced to remove their trailer, but owners that have their little “getaway” trailer/RV left unattended and not be required to remove it since it is able to be removed by a light duty truck. (Which they have not done when we had tropical storm Debby.) I am not talking about trailers people are living in, I’m specially talking about “get away trailers” that pose a threat to surrounding properties.

  11. Hurricane season ends Nov 30th. Why the heck does FEMA suddenly have a bug up its A&$ about these temp structures? A deadline of May 18th, 2025 makes more sense since thats right before the start of next hurricane season.

    Also, their concern over paying twice for damages is a joke. Most people got jack shinola from Flood insurance.

    In reality this is just another example of a pencil neck bureaucrat exercising their power just because they can. Disgusting!

  12. I understand why FEMA wants these temporary structured removed because of hurricane season and what a hurricane could do to those structures which could destroy other homes or businesses. But November 18 is at the end of our hurricane cycle. So if anything happens, it would happen between now and then, so why the November 18 deadline if it’s mainly because of worrying about hurricanes.? Why not give everyone time until next year before the beginning of hurricane season? Seems like an arbitrary and not clearly thought through deadline

  13. We got a few structures to ask about……how does this affect 1) the trailer bathrooms at Lynn Hall Park, 2) the Sherriff’s new substation, 3) the restroom trailer that is going to be for The Beach Bar? Hmmmm…….

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