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.
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