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Cape Coral manager during Ian shares lessons learned about dreaded FEMA rule

In areas at high risk of flooding, a damaged home can't be repaired if the damage exceeds 50% of the home's value
Damage from Helene on Treasure Island
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PINELLAS COUNTY, Fla. — Florida Strong is more than a hashtag. It’s an attitude helping people recover and rebuild after multiple hurricanes.

But even with that attitude, there’s a possibility some won’t be able to rebuild because of a FEMA requirement aimed at protecting life and property.

“Can we afford to rebuild our home, and if we can’t, what does that mean? Where do you go? Where do you live?” said Rep. Linda Chaney (R-Pinellas).

Thursday night, Rep. Chaney hosted an online webinar to educate local leaders about FEMA’s 50% rule, which is used to determine if a home was substantially damaged. Mike Ilczyszyn, the City Manager of Cape Coral, learned so much about the rule after Hurricane Ian.

“I can tell you, in Cape Coral, we literally had residents that, you know, broke down in tears at our permitting counter,” he said.

If you live in a special flood hazard area and suffered damage during Milton or Helene, the rule prevents you from making improvements to your home if those improvements exceed 50% of your home’s value.

“The owner would either have to elevate it or raze it and rebuild it,” said Ilczyszyn.

According to Ilczyszyn, the value is confined to that of your home’s primary structure.

It’s determined by your county property appraiser or a third-party appraiser.

The 50% rule still applies, even if you do the work yourself and/or use donated materials.

“That 50% rule is looking at the cost to repair that home, labor, and materials — regardless of whether or not those materials and that labor were free,” Ilczyszyn said. “At the end of the day, we’re going to have to deliver some tough messages in an already exhausted state that our employees are in, that our residents are in, and nobody’s going to like it.”

Rep. Chaney worries the rule will traumatize already-struggling communities.

“It’s a very difficult time in the community,” she said. “A lot of tears.”

However, FEMA hopes the rule will reduce the risk of future losses due to hurricanes and other disasters.

According to Ilczyszyn, there’s no avoiding the 50% rule.

After Ian, some tried to skirt the rule in Cape Coral. Because of that and other issues, he says Cape Coral got on FEMA’s bad side and almost lost substantial flood insurance discounts.

He hopes Tampa Bay area cities and counties can avoid that same fate.