The original deadline set by the town for residents and businesses with Emergency Temporary Placement Permits, for structures like trailers, to be removed by September 23, 2025 may be extended for some people. Here’s everything you need to know.
There are 158 residential permits and 51 commercial permits now on the books set to expire next month. On Monday, the Fort Myers Beach Town Council passed a resolution extending the deadline to June 1, 2027 for any resident or business owner that has an Emergency Temporary Placement Permit that can prove to Town Manager Will McKannay they are experiencing hardship.
So the first big question is; What is the town’s definition of a hardship? The resolution states that a hardship must be due to action by a third party or other circumstance out of the property or business owner’s control. There are 9 ways to fall under the hardship rule, according to the new ordinance:
1. Delay in processing Elevate Florida application
2. Delay in obtaining construction mortgage or refinancing
3. Delay based on an inability to find licensed professionals to rebuild
4. Delay due to a dispute with a licensed professional or insurance adjustor/carrier 5. Delay due to the lack of available equipment/materials to complete construction 6. Hardship due to inability to sell property
7. Hardship due to inability to secure alternative location to operate business or residence
8. Hardship due to delay in permitting process
9. Hardship due to extended family illness/death of property or business
Number 7 on the town’s list is most likely going to be used by many of the applicants. The prices for both commercial and residential properties on Fort Myers Beach are sky high and easy to prove.
The process to apply for an extension will begin on September 2nd. Residents will pay a $100 fee to be considered and businesses will pay a $200 fee. The fee can be waived if an applicant proves there’s a hardship. Again, McKannay makes the call on that. When it’s ready the application will be posted to the town’s website.
The burden is on the property or business owner to provide: 1) documentation of the hardship; and 2) a plan for resolving the hardship, to McKannay to obtain the extension. In addition, any extension for a residential permit requires that the property owner reside in the home full-time and not have a second home elsewhere. The holder of any extended permit must comply with all of the town’s floodplain regulations, which incorporate federal regulations adopted by FEMA. Every permit must also include an evacuation plan.
Structures with a permit, which is non-compliant as required by the town floodplain regulations or if the permit is not extended will be sent to the code enforcement department where the violation and potential fine process will begin. No new Emergency Temporary Placement Permits are being issued by the town.
What this means for
businesses like The Goodz, Mom’s, and other businesses on the island will be determined by this new process and whether or not they can prove hardship. The Goodz has submitted a plan to rebuild. They are operating from a piece of property across the street from where they plan to build. Can they stay open where they are now until the new building is ready?
The intent of the original ordinance was to help property owners live on their land while they put a plan in place to rebuild. It was never intended to be permanent.
If you are denied an extension you are eligible to appeal that process to the town magistrate.
The second big question is; What will FEMA say about this? The Town was notified by FEMA that several of its emergency use permits were issued to non-compliant structures in violation of the town’s floodplain regulations and the town proceeded to revoke those permits. McKannay said he’s confident FEMA is OK with this latest change by the town. The town is expected to get off probation in November and get their 25% National Flood Insurance Program discount back next April. During a 3-day visit last month FEMA identified over 200 properties that the town has been working on answering questions about.
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