In response to the Fort Myers Beach Town Council’s letter to FEMA looking for an extension to June 1st to keep containers housing businesses like La Ola and The Goodz on the island through season, FEMA has told the town to pound sand. The November 18th deadline stands.
The Town Council was hoping FEMA would cut the town a break and allow these businesses to continue to operate being that Hurricane season is about to come to an end. Especially in light of the one-two added punch of Helene and Milton only two years after Ian.
In a letter to Mayor Dan Allers FEMA Mitigation Division Director Jacky Bell wrote that non-compliant shipping containers and temporary structures located in the Special Flood Hazard Area and Coastal High Hazard Area must go. That ruling came down despite the town even showing Bell a video of La Ola owner Thomas Houghton moving his containers off the island before Hurricane Milton.
Bell writes that while she “understands the importance of these structures to the Town’s economy and recovery, the Code of Federal Regulations that governs the National Flood Insurance Program defines the development in question as structures – not recreational vehicles. Because of this, the fact that the structures can be removed pre-event is not relevant as those conditions apply to recreational vehicles only.”
Any trailer that can be attached to a light pickup truck and moved quickly is apparently allowed to stay. Contractors using containers to store materials must also be removed.
Bell went on to say that there are no regulations for temporary structures and occupancy which means all development in the Special Flood Hazard Area must meet the NFIP minimum standards and local floodplain management regulations. “FEMA is not able to issue exemptions to the NFIP minimum standards nor extend the existence of non-compliant development.”
Bell said that the purpose of the regulations is to protect lives and property in the Special Flood Hazard Area. “These non-compliant structures are in the most ‘at risk’ flood area, VE zone, also known as the Coastal High Hazard Area, which received a 14-foot storm surge during Hurricane Ian. Allowing these structures to remain in place presents a hazard to residents and businesses in the event of another storm as demonstrated by Hurricanes Helene and Milton. For these reasons I am unable to grant the Town’s request to allow the structures in question to remain in place beyond the current deadline.”
The town previously told businesses as long as they had a plan in permitting to rebuild a brick-and-mortar they could remain in their trailers or containers until September of 2025. That plan was upended when FEMA notified the town of the November 18th deadline back in July.
The town now plans to issue code violations to any trailer or container not off the island by November 18th. The next step in the town process would be to go before the special magistrate who would make a ruling. Town council members were hopeful the town process would be lengthy enough to give the businesses more time to stay open and recoup some of their hurricane revenue losses. It’s clear from FEMA’s response that they do not care about the town’s process and want the structures gone by Monday.
What’s at stake is the town’s National Flood Insurance Program 25% discount. There is also the possibility that the town could be put on probation which the Mayor has said is nearly impossible to get off. And, there’s the additional possibility that the town is dropped from the program completely.
Read the town letter to FEMA HERE
Read the FEMA response letter HERE.
Dependable, Accurate, Investigative Journalism take time. To support our work, become a BTR Monthly Member HERE.
Working for FEMA requires that compassion and common sense be left at the door. They are not interested in assisting in rebuilding our town. They are scouring their regulations for obstacles to put in our way. It angers me that my hard earned tax dollars are funding this. You must have bigger fish to fry, than to go after small businesses just trying to keep their heads above water. We’ve been through a catagory 5 hurricane. Why such a hard headed hard line ?
They really need to focus on removing the eyesores and not remove pre-Ian businesses that contribute to tourism and much needed tax revenue.
My big question is: How did they come up with the November date in the first place? It seems arbitrary at best. The response reminds me of my research on school candidates. She lost my vote as she continually spouted he “no tolerance” policies. It seems she likes to make hard set rules and then has no tolerance for anything. In my opinion no tollerance equates to no common sense. That is exactly what this date shows, complete lack of commonsense for what appears to be an arbitrary date.
Exactly we now have a president and administration with some experience on how to get things done. There is a shake up right now going on with FEMA because they bypassed homes with Trump signs..
Time to get the regulations changed.
100%
There is no reason legitimate businesses that were here previous to Ian shouldn’t be issued extensions to May 1st.
This is complete BS. And not every trailer needs to be off the island and others are also in the “flood zone” so…… why is that?
Absolutely no common sense on FEMA ‘s part. Anyone can read a set of rules and enforce them without studying and looking at circumstances. Our request was to let the trailers stay until the next hurricane season thereby giving these businesses time to make a plan. We are going to lose our only hardware store and only restaurant on Times Square. Good job FEMA. You’re a joke.
They say we would loose a 25% discount on flood insurance. How can they even offer any type of flood insurance? FEMA is supposedly broke so if we have another major hurricane how are they going to be any help.? Why make them get off the island now that the hurricane season is over? Maybe she should have been here during Ian and see how even well built buildings floated down the streets like rafts. So, again, her comment about protecting residents by not having floating trailers in a hurricane is stupid. Another government agency that is severely mismanaged.
NFIP [flood insurance] is a separate program from FEMA disaster assistance.
How can they say LaOla isn’t recreational. I damn sure don’t go there to work & get stressed out. I feel not only is LaOla recreational it contributes to my Mental Health, Spiritual & Physical well being. Let’s put a couple pedal bikes there & call it a Gym that serves Vital Liquid Nourishment for the Mind, Body & Soul!
I wholeheartedly agree.
Why does the entire Town need to be penalized for the actions of a few? If the Town shows proof of warnings, shouldn’t the businesses be penalized instead of the Town? Maybe that’s too much common sense?
FEMA is Totally depriving the island of a variety of food & drink locations. This will make it really tough on the full timers and snowbirds.
Maybe When Trump takes over this can be reversed.
Oh FFS.
Presidents cannot magically change floodplain regulations.
Hopefully the new Presidential administration will appoint someone at FEMA who has common sense.
That won’t change the floodplain regulations.
FEMA has always been FEMA regardless of who’s in the WH or Congress.
We have also never had a Department of Government Efficiency. Just because something has always been that way in Government doesn’t mean it must always be that way. 📞 Elon!
Is it too soon to pop popcorn to set back and watch! LOL! And name names!
👍👍 That’s what we’re hoping for Jim 😃😁
Exactly we now have a president and administration with some experience on how to get things done. There is a shake up right now going on with FEMA because they bypassed homes with Trump signs..
Totally agree with Arnie and Jim. Hopefully there will be changes to FEMA.
I so hope you are right…a change is needed…FEMA is a joke…what a shame for those struggling businesses that need the help….what a shame…and that could be changed with an allowance mandate due to unusual circumstance…these businesses are our backbone to bringing back the beach. Time for a change in FEMA…time for someone with some common sense
A moveable food truck is the least of our problems. Look at the falling down structures that have been allowed to remain . Wyndham comes to mind and many houses throughout the island. FEMA is missing the forest for the trees!
Excellent point!
Totally agree! What a loss to the island if LaOlas has to go. Can he at least keep his food truck and outside bar? Is that allowed?
Ed, the link of FEMA response letter also takes us to a letter FROM FMB TO FEMA. It is not a response letter FROM FEMA
All fixed, thanks
Wow! That’s bull s#&$. They let them stay all hurricane season and now that it’s almost over they have to go?