Monroe County Ends 23-Year Flood Enclosure Limits, Easing Home Sales
The Monroe County Board of County Commissioners voted unanimously on Oct. 15, 2025, to remove size caps and point-of-sale inspection requirements for downstairs enclosures in special flood hazard areas when those spaces are used only for parking, storage, or building access. The change, documented in county meeting minutes and first reported by Keys Weekly, is expected to speed real estate transactions and reduce retrofit costs for homeowners across the Keys while officials complete follow-up steps with FEMA and finalize ordinance language.
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Monroe County commissioners voted 5-0 on Oct. 15, 2025, to amend the county land development code, ending a set of enclosure restrictions put in place in 2002 as part of a FEMA compliance plan. The amendments remove both size restrictions and mandatory point-of-sale inspections for ground-level enclosures in special flood hazard areas that are used solely for parking, storage, or building access. The action was recorded in the official meeting minutes and agenda packet posted on the county website and was detailed in a Keys Weekly report on Oct. 23.
The change affects a large swath of the county: more than 80 percent of structures in the Florida Keys are located in special flood hazard areas. By eliminating inspection requirements at sale and lifting enclosure size caps, the county reduces a regulatory trigger that often required costly elevation work or other retrofits. County staff estimate the change could shave thousands of dollars and weeks or months from some real estate closings, particularly for owners converting ground-floor space to storage or parking.
Commissioner Craig Cates led the effort on the floor, with technical support provided by County Administrator Roman Gastesi and Planning Director Emily Schemper. The move represents a departure from the county’s 2002 approach, which had been maintained to preserve discounts under the FEMA Community Rating System. County officials say the amendments preserve those CRS discounts, aiming to avoid any county-wide increase in flood insurance rates.
The Oct. 15 meeting also included debate over ROGO, the county’s permitting system for growth rights, and discussion of possible permit extensions and allocations under Senate Bill 180. Commissioners examined the potential to extend expiring ROGO permits and considered the allocation of 588 new building rights, a decision with direct consequences for housing development and workforce housing availability in the Keys. Local housing organizations, including Habitat for Humanity and the Key West Housing Authority, are monitoring the ROGO deliberations closely because of their implications for affordable housing stock.
While the code amendment clears an immediate regulatory hurdle for homeowners and buyers, additional steps remain. County staff expect to bring a final ordinance back for adoption in November 2025. Separately, the county awaits formal written acceptance from FEMA that the change maintains the necessary community rating and does not jeopardize flood insurance discounts. Public comment periods on proposed ROGO allocations have been identified as a forthcoming phase in the policy process.
The ordinance amendment is likely to have practical effects across municipalities from Key Largo to Key West by simplifying sales and permitting for properties with enclosed ground floors. At the same time, the ROGO debate underscores a broader policy trade-off: easing individual property-level burdens while managing countywide growth, infrastructure capacity, and the need for workforce housing. Residents and prospective buyers should watch for the final ordinance language and FEMA’s response, as those documents will determine both immediate compliance and longer-term insurance and development outcomes.


