Frequently Asked Questions

The Town of Fort Myers Beach is Estero Island. Some properties are not on Estero Island (e.g. those on San Carlos Island and the surrounding area) but they have a “Fort Myers Beach, FL” mailing address for the U.S. postal service. Those properties are within the jurisdictional limits of Unincorporated Lee County and property owners for those addresses must go to the Lee County Building Division (in downtown Fort Myers) for permitting, or visit https://www.leegov.com/dcd/BldPermitServ

Permits expire and become null and void if work is not started and an inspection requested within 180 days from the issuance date of the permit. Once the permit has been issued, a permit continues to extend with every passing inspection. 

 Extensions may be granted upon request before the expiration of the permit and will be extended 90 days if approved. If the permit becomes expired, a completion may be re-open upon request for 6 months.

Per Florida Building Code (105.1), a permit is required to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system; the installation of which is regulated by technical code. 

It is best to contact the Town's Building Services Department early on in the planning process of any kind of building or remodeling project to find out what permits are needed.  

 239-765-0202 ext. 2

buildingpermits@fmbgov.com 

Visit the permitting section on the Town's website. 

Watch an educational session about permitting conducted at a Town Council meeting and led by staff from the Building Services Department.   Session starts at 1:30:43

In general, condo remodeling of any kind almost always requires a permit due to the potential impact on other condos in the building.  New construction of any building or structure large or small (pool, porch, deck, garage, house) will require some level of permitting. The below lists are a  general guide for common projects in homes or condos.

PLEASE ALWAYS CONTACT THE TOWN when you are planning a project to find out what permits are required for your specific project. Every project has differences that could make permitting  necessary.  Speaking directly with the Town's permitting staff is the best course of action to make sure your particular project is properly covered by the appropriate permits.

Common projects that DO require a permit:

• Air conditioning - new installation or system replacement
• Bathtub - remodeling, removal
• Ceiling fans – installations which alter system wiring or circuits
• Condo renovations including plumbing and electrical work, (cabinets, if change in configuration of electrical or plumbing.)
• Doors (exterior) – new installation or replacement
• Driveway and parking lot - recoating
• Dryer vent - new installation
• Electric shades or blinds - new installation with new electrical work
• Exhaust fan - new installation
• Hot tub - new installation or removal
• Lighting - new installation 
• Liquefied Petroleum (LP) Tanks - above ground or underground
• Pool - new installation or removal
• Shower tile or floor pan - removal
• Stairs - inside and outside
• Storm shutters - new installation or replacement
• Sprinkler system - inside or outside
• Windows – new installation or replacement

 Please call us to discuss these common projects as the specifics of the situation may or may not make a permit necessary.

• Debris removal from a bathroom remodel
• Flood damage remediation
• Irrigation system installation in the yard
• Mold removal

The Code Compliance Division will issue a notice of violation. Once a permit is obtained, the cost could be 3 to 5 times the building permit fee for an "After the Fact" permit. Additionally, there may be fees from a third party engineer evaluation if areas of work are obscured.

For questions regarding a Code Compliance Case, please reach out to the Code Compliance Officer who is handling your case. Their contact information is located on the notice they provided at the address, and the fmbgov.com website.

You can apply for a building permit using the IWorQ online permitting system. 

Permitting information:  http://www.fmbgov.com/building 

Applications are found in the Applications and Forms section of the Building Services webpage:

https://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms

Submit completed application documents and other required documentation together as one submittal using the IWorQ citizen engagement portal at the following link:

To submit permit applications: https://fortmyers.portal.iworq.net/portalhome/fortmyers

Once the permit is issued you can check the permit status, pay fees, print permits and approved job site plans, schedule inspections, and check inspection results using the permit portal: 

https://portal.iworq.net/FORTMYERSBEACH/permits/600

All permitting-related emails, resubmittals and to add additional documents to the application after initial online submittal, permitting questions, etc.: buildingpermits@fmbgov.com

Inspections questions or cancellation requests: inspections@fmbgov.com

Contractor registration, license, and insurance updates: contractorregistration@fmbgov.com

Replying to a plan review rejection letter: resubmittal@fmbgov.com

Any total replacement of exterior window or door units requires a building permit. All structures in wind-borne debris regions (all of the Town of Fort Myers Beach) are required by Florida Building Code to have some means of opening protection for the exterior glazed fenestrations (glass). This can be in the form of impact-resistant windows, doors, or shutters that are impact rated and have a current Florida Product Approval number or Miami-Dade Notice of Acceptance (NOA). The Florida Product Approval numbers or NOA's for all windows and doors being replaced as part of the scope of work of the permit must be included in the permit application documents. Replacement of windows or doors in Fort Myers Beach requires a window/door/shutter permit, obtained through the IWorQ online permitting system at http://www.fmbgov.com/building

Documentation must also be provided in the permit application documents showing design pressure compliance with the Florida Building Code. There are 3 methods for showing compliance from which to choose. For more information, see also the shutter, window, or door application and instructions at the link below:

Building Services Applications & Forms | Town of Fort Myers Beach, FL - Official Website (fortmyersbeachfl.gov)

• Go to www.fmbgov.com
• Under DOING TOWN BUSINESS on the homepage, go to BUILDING SERVICES
• On the left side, click on “Building Services Applications and Forms.”
• The direct link is:  http://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms

Review times vary based on permit type, complexity, and the number of reviews required by law. Demolition, roofing, and over-the-counter trade permits are generally processed within hours, but allow up to ten to fifteen business days for review of new developments such as new single-family homes and commercial projects. If your permits require corrections, the permit applicant will need to resend corrected documents and this will extend the total processing/review times accordingly. When the reviews are complete, the permitting desk will contact the applicant via email.

The Town of Fort Myers Beach Building Services division is a small division with no in-house building code plans examiners or building code inspectors. The Town utilizes a private provider for floodplain reviews, building code permit application reviews, and building code inspections.  Please email or call the licensed plans examiner or inspector who conducted your plan review (their contact information is provided with their review comments) if you have questions about their review or inspection, or need a clarification of their correction comments.  Applicants with questions about permit processing can address their questions to buildingpermits@fmbgov.com and include the project address. The permitting staff will then be able to locate the exact application in the system and help them.

If your permit is for construction involving a residential building with 3 or more units or a non-residential building, the permit application will also be reviewed by the Fort Myers Beach Fire Control District. The Fire District has provided the following time estimates for their review of permits:

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• Go to www.fmbgov.com
• Under DOING TOWN BUSINESS go to BUILDING SERVICES
• Scroll down to “Guide to permitting/E-Services and Inspections,” go to the fourth bullet, click on the PERMIT PORTAL.

In the IWorQ citizen request portal system, requests sent in through the citizen engagement request portal (including, but not limited to, permit applications) are now trackable from the customer side through the same request portal page that is used to submit a citizen request. The Citizen Request Portal link is posted on the Building Services website:

Citizen Request Portal

Click on the REQUEST PORTAL to submit your request. 

Direct link:   https://fortmyers.portal.iworq.net/portalhome/fortmyers 

After clicking on the request portal link, you can view request progress by clicking on the “Find Your Request Here” icon: 

Request status can be located in a number of different ways by choosing various options from the pull-down menu. Select your choice, enter your identifying information into the “Search” field, and click the “Search” button:

When results appear, click "View" on your request. 

The request status will be shown on the next screen:

A status of “pending” means that the request has been received and is still in the incoming queue. It will be processed in the order received. When the request is processed, a notification of the change of status will be emailed to the email address provided by the permit applicant. 

Once a complete permit application is received (all required documents and information is received in one permit application request with all documents properly completed), a permit number is created and the documents are forwarded for building code review and various other reviews as applicable for that project. A notification of the change of status is emailed to the email address provided by the permit applicant.  

Once a permit is created and a permit number is issued, the permit status becomes trackable online through the IWorQ Permit Portal. Note that this is different than the Citizen Request Portal mentioned previously. This link is also posted at the Building Services page: 

Permit Portal

Click here PERMIT SEARCH 

Direct link:  https://portal.iworq.net/FORTMYERSBEACH/permits/600

A site plan is required with permit applications. Examples include, but are not limited to, remodels, residential new construction, and commercial new construction. Please refer to the instructions and requirements listed on the permit application form for more information. Site plans must be prepared and sealed when required by law by a professional architect or engineer licensed in the State of Florida.

Temporary power pole installations require a trade permit and an electrical inspection. The inspection is requested by the permit holder after the temporary power pole is installed but prior to electric activation. Following a passed inspection, the Town will notify Florida Power & Light (FPL) to activate electrical service to the pole.

All permit applications are exclusively accepted using the IWorQ online permitting system. 

All permitting forms are found at: https://fortmyers.portal.iworq.net/portalhome/fortmyers

Submit completed application documents and other required documentation together as one submittal using the IWorQ citizen engagement portal at the following link:

To submit permit applications: https://fortmyers.portal.iworq.net/portalhome/fortmyers

Once the permit is issued you can check the permit status, pay fees, print permits and approved job site plans, schedule inspections, and check inspection results using the permit portal:

https://portal.iworq.net/FORTMYERSBEACH/permits/600

The Building Services Division is currently receiving a high volume of permit applications and questions and our team is working diligently to help everyone as quickly as possible.  To help us serve you and all customers more effectively, we are requesting that all those with questions first review the answers to our most frequently asked questions.

If your question is not answered after reading the FAQs, Building Services staff can be contacted via email at buildingpermits@fmbgov.com, via telephone at 239-765-0202, or in-person at the temporary Town Hall complex at 2545 Estero Boulevard just south of the damaged Town Hall. We are happy to answer any further questions you may have. 

Contractor- Submit a request on a contractors letterhead requesting an extension. The letter will need to include the permit #, the project address and an authorized signature from the company.

Owner Builder- Email a written request to buildingpermits@fmbgov.com requesting  an extension. The letter will need to include the permit #, the project address and a notarized signature from the owner.

Please refer to our Building Permit Fee Schedule which is available on our Building Services Page:

FY2023 Building permits fee schedule

https://www.fortmyersbeachfl.gov/DocumentCenter/View/19975/Building-Department-Fee-Schedule-12-19-22

Online by credit card through the PERMIT PORTAL 

If your initial permit application requires a correction to the submitted documents, the applicant will be emailed with an explanation of the needed corrections and the original request number is voided. Please use the IWorQ system to submit all required documents to process the application. When resubmitting documents, include any missing documents/information that was requested in addition to any documents originally submitted which did not require a correction. This is needed to maintain organization among the hundreds of permit applications and emailed questions/paperwork arriving daily in the system. Note that this new permit request will create a new “request number.”  

If your initial permit application has cleared the initial completion check and has been sent to review for zoning, floodplain, or building code compliance, email your response along with the rejection letter that was sent to you to:  resubmittal@fmbgov.com
 
 

Paper submittals are no longer accepted.

To submit permit applications, go online through the REQUEST PORTAL.

• Go to www.fmbgov.com
• Under DOING TOWN BUSINESS go to BUILDING SERVICES
• Scroll down to “Guide to permitting/E-Services and Inspections,” go to the fourth bullet, click on the PERMIT PORTAL.

*BE SURE to read and adhere to “Request Portal Submittal Requirements” under the REQUEST PORTAL

To reinstate a permit, you must submit a completion request to buildingpermits@fmbgov.com

Once the Permitting Department receives the letter, an email with an invoice showing the completion fees will be sent and the building permit will be reinstated once the fees are paid.

This information, and other information on the Town website, is not intended to be legal advice or a complete explanation of property owners responsibilities in regard to construction projects. For more in-depth information and legal advice, please consult with a competent and experienced construction lawyer licensed in the State of Florida.

The Notice of Commencement (NOC) can be generally described as a form publicly filed in county records to signify that a construction project is beginning. The form identifies and describes the property and the improvements to be made, the names and addresses of the property owner and contractor, the lender’s name and address, and other required information.

In Florida, similar to other states, any subcontractor or supplier to a construction job can file a mechanics lien if they’re unpaid for work or materials provided to the job.   If a lien claim is filed against a job, regardless of whether the property owner paid the general contractor, the property owner may be required to pay the claim. This means you can be required to pay for the same work twice.  Florida law helps to provide protection to property owners against this undesirable scenario, but the Florida process to protect property owners against lien claims and double-payment must begin with the correct and timely recording of the NOC on the public records of the county.

Florida law (F.S. section 713.13(1)(a)) requires the property owner to file a NOC with the Lee County Clerk of the Court if the job valuation for their permitted work is greater than $5,000, or if there is a direct contract to repair or replace an existing heating or air-conditioning system is greater than $15,000 (F.S. section 713.135(1)(d)).

The exception is if a property owner has a construction loan to complete the job. In this scenario, the construction lender assumes the obligation to file the notice of commencement and to track all payments to contractors, suppliers, and vendors. In the event of any mismanagement or mistake by the construction lender, the lender is required to indemnify the owner.  As such, matters are much simpler for property owners when a construction lender is on the job.  

Property owners must get the NOC recorded on the County public records before the start of the job. It is not required that the NOC is recorded before obtaining the building permit. The NOC must be recorded before work begins on the project and the work must start within 90 days from the NOC’s filing.

Before scheduling the first inspection, the permit applicant must also email the recorded NOC to the Fort Myers Beach Building Division at buildingpermits@fmbgov.com and must post a copy of the recorded NOC at the job site. This must be provided to the Building Department in one of the two following ways (FS 713.135(d)):

Certified copy of the recorded NOC, or

A notarized statement from the owner, or the owner’s authorized agent, of the property stating that a NOC has been filed for recording to the Lee County Clerk of the Court, along with a copy of the NOC submitted for recording. The Lee County Clerk of the Court is located at 2115 Second Street in Fort Myers, or 1039 SE 9th Place in Cape Coral. For more information, please visit https://www.leeclerk.org/services/record-a-document

The property owner must also post a copy of the recorded NOC on the job site throughout construction in a weather protected condition, visible from the street, along with the permit and approved plans (available under uploaded files for the permit in the permit portal).

Note that to protect themselves against lien claims, property owners must follow all requirements in regard to Florida lien law including, but not limited to, making only proper payments. As an example, if a contractor provides the property owner with 45-day Notice to Owner, the property owner needs to obtain a lien release from their contractors and suppliers whenever they issue a payment to the contractor that includes work performed or materials provided by that contractor or suppliers.

We are experiencing very high permitting volume after Hurricane Ian and we are processing as quickly as possible. It will likely be processed and reviewed within 15 business days.

We are accepting all building permit applications.

FS 553.73(10)(i) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other nonwood features.

If a member of the Miccosukee or Seminole Tribe desires to build a chickee hut, the following submittals are required for exemption from the Florida Building Code.

• . Tribal Membership Card
• 2. Chickee hut Application (for zoning review only)
• 3. Boundary survey/site plan- showing the setback and location of the chickee.
• 4. Affidavit stating no electricity or plumbing is being installed signed by the property owner.
• 5. Zoning Review and processing fee of $175

If electricity or plumbing is proposed in the tiki hut, the Residential Building Permit Application must be submitted with all required plans, application, permit, and review fees will apply.

Estero Island falls entirely within a special flood hazard area on the flood insurance rate map. Section 6-441 of the Land Development Code requires the following:

Any property owner or property owner's authorized agent who intends to undertake any development activity within or partially within any flood hazard area (including buildings, structures and facilities exempt from the Florida Building Code) must first make application to the floodplain administrator, and the building official, if applicable, and must obtain the required permits and approvals. No such permit or approval will be issued until compliance with the requirements of the floodplain ordinance and all other applicable codes and regulations has been satisfied. 

More information can be found in the floodplain ordinance:

https://library.municode.com/fl/fort_myers_beach/codes/code_of_ordinances?nodeId=PTIIICOOR_CH6MACOBUCOCORE_ARTIVFLRE_DIV4PE

For NFIP compliance measures, the Town requires a completed repair/improvement cost form (with the total cost, labor and materials, itemized for all repairs needed to bring the building back to its pre-damaged condition). Please include the completed form packet, along with required accompanying documentation, when submitting your building permit application using the IWorQ online permitting system request portal.

The repair/improvement cost form is found at the Building Services Applications and Forms page:

https://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms

https://www.fortmyersbeachfl.gov/DocumentCenter/View/16198/Form--Repair-Cost-form-2020

Only after issuance of a permit may construction commence. The permit applicant is responsible to request the applicable inspections using the IWorQ online permitting system during the construction process to confirm code compliance, when each phase of construction is complete, prior to concealing the work. 

Each of the inspections must be passed by the inspector (deemed to be a code compliant installation) before the permit applicant may conceal the work (e.g. by pouring concrete, applying drywall, installing finished roofing material over the secondary water barrier, etc). 

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The FMB floodplain management ordinance (division 9, section 6-494) states that “any proposed value submitted via a private appraisal that exceeds the [Lee County] property appraiser's valuation more than 35 percent may be subject to peer review by a qualified local appraiser or submittal of a new independent appraisal, with the full cost of the review or new appraisal paid by the applicant.” The property appraiser’s valuation is the “building value” in the table found on the tax roll value letter for that building at LEEPA.org.

If the second independent appraisal differs from the original appraisal, the average of the two appraisals may be used.

We have obtained an AVM appraisal-Automated Value Model.  Our mortgage banker indicated this was a very common method used to appraise property for their lending purposes.  Will an AVM "appraisal" Our mortgage banker indicated this was a very common method used to appraise property for their lending purposes.  

The reproduction cost method cannot be used, however you can use an independent appraisal of the building’s market value prepared and certified by a Florida-licensed property appraiser if you so choose, instead of the Lee County Property Appraiser valuation. You would include the appraisal as an additional attachment along with your building permit application. The floodplain coordinator will review the appraisal for the 50% substantial damage determination, and it will not add to processing time. 

The Town of Fort Myers Beach floodplain ordinance allows for a determination of building market value using either of the following two methods: 

1. Utilize the Lee County Property Appraiser’s (LEEPA) assessment for ad valorem taxation for the market value for the structure only. 
2. An independent appraisal for the structure only prepared and certified by a Florida-licensed property appraiser.  

See questions 4 and 5 at our 50% Rule FAQ below:  https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

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There are a variety of requirements (federal, state, local) that need to be followed regarding rebuilding, and different properties have different situations in terms of how the construction came to be. This means that the answer to that question is “it depends on the situation.”

The 50% rule applies first to any improved or damaged primary building, regardless of the use or occupancy. The cost to repair the entire building to its pre-damaged condition is compared to 50% of the calculated market value of the entire structure prior to sustaining damage. 

Step 1:

The first question that must be answered is whether the building has been “substantially damaged,” meaning that the cost to repair the entire structure to its pre-damaged state will exceed 50% of the building’s pre-damaged market value (aka the 50% rule).

You must first determine the total repair costs to return the building to its pre-damaged condition. This is usually done by obtaining bids from one or more general, building, or residential contractors. Compare the total cost of these estimates to 50% of the pre-damaged building market value. If the total cost (labor and materials) to repair the building to its pre-damaged condition is less than 50% of the market value of the pre-damaged structure (the entire building), you can generally repair the existing construction in place under the stipulations provided in the Town’s Post-Disaster Buildback Ordinance without having to bring the entire building up to the currently enforced building codes and floodplain management regulations. However, see more information below in step 2, and note that it must have been a code-compliant and permitted installation in your flood zone originally.

However, buildings that are substantially damaged (over 50% of the pre-damaged building market value) need to meet the current floodplain management regulations. There are many floodplain regulations but the most notable is that new buildings, or substantially damaged or improved buildings (over 50% of their pre-damaged building value), must have their lowest-floor elevation raised to at least the base flood elevation shown on the Flood Insurance Rate Map (FIRM) plus one additional foot of freeboard (BFE + 1’).  

For more information, see also the 50% Rule FAQ page: 

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

Step 2:

If the building’s repair costs do not exceed the 50% threshold, the second consideration is whether the existing construction (e.g. a living area built below the current flood protection level of BFE + 1’ freeboard) was a legally built structure, and an approved use, and whether it was legally built prior to the jurisdiction’s adoption of the flood insurance rate maps (“pre-FIRM) and regulations in 1984. 

For the property to be rebuilt the same as it was prior to Hurricane Ian, the property owner must provide documentation that shows that it was legally built and there are various other stipulations outlined in the Town’s “Post Disaster Build Back Ordinance:”

https://library.municode.com/fl/fort_myers_beach/codes/code_of_ordinances?nodeId=PTIIICOOR_CH34ZODIDESTNO_ARTVNO_DIV2NOBU_S34-3238POSABU

In the Town’s Comprehensive Plan (Policy 4-D-1), it states, “The Land Development Code may also establish procedures to document actual uses, densities, and intensities, and compliance with regulations in effect at the time of construction, through such means as photographs, diagrams, plans, affidavits, permits, appraisals, tax records, etc.” 

Property owners who are making these decisions are welcome to reach out to the Town’s planning staff at zoningpermits@fmbgov.com. Property owners should assemble as much documentation as they can which supports their assertion that their building is not “substantially damaged,” and that the construction was a legally existing pre-FIRM structure (a structure legally in place prior to the adoption of the Flood Insurance Rate Map). The planning staff are happy to look into the specific situation and provide a determination for the property owner.

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The Town recommends that you consult with a design professional (Florida-licensed engineer or architect) and a general contractor to help you determine design criteria for your structure if you are constructing a new building or have a building that is substantially damaged or substantially improved.  Once you have their design and estimates, you’ll be able to make a more informed decision about what will work best for your circumstances.

However, here are some links to codes enforced and other useful resources:

Codes Enforced by the Town of Fort Myers Beach:

• Fort Myers Beach Code of Ordinances
• Fort Myers Beach Land Development Code (LDC)
• Florida Statutes (F.S.)
• 2020 (7th Edition) Florida Building Codes (FBC)
  Effective for permits with application dates on or after December 31, 2020
• 2017 (6th Edition) Florida Building Codes (FBC)
   Effective for permits with application dates between December 31, 2017, and December 30, 2020

• 2017 National Electrical Code (NEC)

Other Resources:

• Fort Myers Beach Website
• Fort Myers Beach Flood Information (new flood maps)
• Consumer Pamphlet: Building a Home
• ATC Hazards By Location
   (Wind Speed Calculator-Most Buildings are Category II)
• International Code Council
• Miami Dade Product Approval

• State of Florida Product Approval

Water-filled swimming pools must be maintained in a sanitary condition and must be protected with an effective swimming pool barrier. State law requires property owners to maintain barriers if there is water in the pool. Note also that Florida has an “attractive nuisance” doctrine (F.S. 823.08) that holds property owners responsible for a child’s injuries if the child suffered an injury by a feature or object on the owner’s premises that is likely to attract children.  

The Residential Swimming Pool Safety Act (Chapter 515, Florida Statutes) requires pool safety measures. It is the intent of the Legislature that all new residential swimming pools, spas, and hot tubs be equipped with at least one pool safety feature.  For more information about Safety Barrier Guidelines for Pools, including required dimensions and specifications of barriers, please review the U.S. Consumer Product Safety Commission’s Consumer Safety Brochure about barriers required by section 515.31(2) Florida Statutes:

https://www.cpsc.gov/s3fs-public/362%20Safety%20Barrier%20Guidelines%20for%20Pools.pdf

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The list of registered contractors with the Town of Fort Myers Beach is at:  https://www.fortmyersbeachfl.gov/DocumentCenter/View/19633/FMB-Registered-Contractor-List-as-of-10-14-22

It is recommended that property owners verify the standing of a contractor’s license at http://www.myfloridalicense.com. Click on “Verify a license,” or go directly to:  https://www.myfloridalicense.com/wl11.asp?mode=0&SID=

If you live in a condominium you need a contractor. If you own and occupy your single-family or two-family house you may be eligible to act as your own contractor per State statutes section 489.103 (7).

If you own and occupy your one or two-family house you may be eligible to act as your own general contractor per s. 489.103 (7) F.S., also known as being an “owner builder.” To be an owner builder, the property must be listed under the owner’s name(s), not an LLC, trust, corporation, or separate legal entity. The property must be for the owners own use or occupancy, not used as a rental, for a period extending one year following the completion of construction. If applying for a permit as an owner builder, the property owner must sign the Owner Builder Disclosure Affidavit and include this signed affidavit with their building permit application. This disclosure affidavit has more information about being an owner builder and should be reviewed carefully by the applicant prior to signing. The owner builder must be able to complete all the work themselves, they must supervise the work, and they must hire licensed trade subcontractors (i.e. electrical, plumbing, hvac, and roofing.) If hiring sub-contractors, include a completed Sub-contractor Confirmation Form for each contractor along with the permit application.

The Town remains neutral and doesn’t recommend any particular professional.  However, you can get contact information for contractors, suppliers, and professional organizations through the Disaster Contractors Network at https://dcnonline.org/. You may want to contact several building industry professionals in the area and ask for their recommendations or contact one or more of the Design and Construction Trade and Professional Associations (such as the Lee County Building Industry Association) for their recommendation. If the same names come up repeatedly as a recommendation, you might consider contacting those individuals/firms.

Contractors registration form. 

Additional documents needed:

• copy of your State of Florida contractors license or Lee County Certificate of Competency license
• proof of worker’s compensation insurance/ exemption
• proof of liability adding Town of Fort Myers Beach, 2525 Estero Boulevard, Fort Myers Beach, FL. 33931

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While the Town of Fort Myers Beach does not demolish homes, you may first wish to apply for federal assistance through http://www.IanDebrisCleanup.com

A demolition (demo) permit must be obtained before any structure is demolished/removed. A demo permit is secured through the Town by the demolition contractor. The demo permit application is located at the Building Services Applications and Forms page below:

https://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms 

After issuance of a demo permit, the contractor must request and pass inspections from the Lee County Utilities Department, the Town of Fort Myers Beach (FMB) Utilities Department, and the FMB Building Services Division. The purpose is to ensure that the sewer lateral and water meter are properly capped off before demolition begins.  

After obtaining a demolition permit, the following steps must be completed by the demolition contractor:

1. A copy of the permit inspection board and all approved permitting documents must remain posted in a weather-protected condition at the job site, visible from the street.  
2. The existing sewer lateral must be capped off and the Lee County Utilities Department must conduct an inspection before it is covered. Email the Lee County Sewer Disconnect Form, found at the link below, to LCUNewinstalls@leegov.com ;  https://www.fortmyersbeachfl.gov/DocumentCenter/View/16454/LEE-COUNTY-FORM-Fort-Myers-Beach-Demo-App-Revised--1-31-20 
3. The capping of the existing sewer lateral and the associated inspection is to be requested by the contractor and passed by Town Utilities prior to commencing demolition work on the structure. A copy of an approval letter from Lee County Utilities must be received by the Town Building Services Division at buildingpermits@fmbgov.com prior to commencing demolition work on the structure. For additional questions contact Lee County Utilities at 239-533-8399.
4. The existing water meter must be capped off on the customer’s side of right of way. The FMB Utilities Department must conduct an inspection before it is covered. Email the Town of Fort Myers Beach Utilities Department at utilities@fmbgov.com or call 239-463-9914 to request an inspection and approval. The capping of the existing water meter and the associated inspection is to be requested by the contractor and passed by FMB Utilities prior to covering the work and commencing demolition work on the structure. 
5. It is the contractor’s responsibility to request and pass all inspections from Lee County Utilities, FMB Utilities, and the FMB Building Services Division when the associated work steps are complete. The contractor is solely responsible for any damages to sewer or water systems.

If your intent is to demolish your building, first contact your insurance adjuster as some costs may be covered.  You may also qualify for Increased Cost of Compliance coverage through your flood insurance.

If you have a substantial damage determination letter issued to you for your building, you should forward this letter to your insurance adjuster. If you had flood insurance, they will be able to provide you with more detailed information regarding your current insurance coverage and potential elevation of your structure (lower insurance premiums at a higher elevation, increased cost of compliance coverage, etc). You will then be able to make an informed decision regarding elevating your existing structure or demolishing the structure and building a new structure with a higher first floor elevation. 

A demolition permit (demo permit) is secured through the Town by your contractor, should you decide to go the demo and rebuild route. When you are ready to demolish a one-family or two-family home, you may have a Florida general, building, residential, or demolition specialty contractor of your choice apply for a demolition permit through the IWorQ online permitting system at http://www.fmbgov.com/building.  The contractor will remove the home.

The Demolition permit application form to complete and send in using the IWorQ online permitting portal is:

https://www.fortmyersbeachfl.gov/DocumentCenter/View/19991/Demo-App-Revised

If you’re pulling the demo permit as an owner-builder, also complete and include the Owner Builder Disclosure Affidavit with your permit application:

https://www.fortmyersbeachfl.gov/DocumentCenter/View/15109/Owner-Builder-Disclosure-Statement

Submit the demo permit and any associated paperwork via IWorQ citizen engagement portal:

https://fortmyers.portal.iworq.net/portalhome/fortmyers

If there is an open Code Compliance case associated with your project, after the permit is issued please contact the Code Compliance officer who is responsible for your case so they close the case.

Category Topic

The Town has a limited number of elevation certificates on file. The elevation certificates that are available in Town records are at the elevation certificate link on the left side of the flood information page below: https://www.fortmyersbeachfl.gov/731/Flood-Information

It is possible to elevate any building, including closed foundation types such as slabs on grade or stem walls. The elevation cost will be higher with closed foundation types than buildings with open foundation types such as piers, posts, pilings, or columns. The “50% rule for substantial damage” determines whether the building’s lowest floor is required to be elevated further. If the lowest floor of the home is currently below the required elevation (Base Flood Elevation shown on the flood insurance rate map at the link below, plus one foot of freeboard), the lowest floor of the building will be required to be elevated to BFE + 1 foot elevation if the building’s repair costs will exceed the 50% damage threshold. If the building, and all the utilities servicing the building, is already elevated above the BFE + 1’ elevation, the building is not required to be elevated to at least the BFE + 1’ elevation.

The lowest floor is the floor of the lowest enclosed area in a building (including a basement), except when the criteria listed in the definition of Enclosed Area below Lowest Floor are met. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of Section 60.3 CFR. 

The elevation reference point depends on the most restrictive flood zone in which any portion of the building resides. In an A flood zone (any flood zone which starts with the letter A), the lowest floor elevation is calculated as the top of the lowest floor of elevated living area. Non-conditioned/enclosed areas located below the elevated structure which are used exclusively for limited storage, parking, or building access do not count as the “lowest floor”. If a building is located partially or entirely in a V flood zone (coastal high hazard area which has additional hazards due to wind and wave action), the lowest floor elevation reference point is the bottom of the lowest horizontal structural member supporting the elevated lowest floor: 

For more information and explanation regarding lowest floor elevation, see also the FEMA “Lowest Floor Guide” at the link below:

https://www.fema.gov/sites/default/files/2020-05/fim_appendix-c-lowest-floor-guide_apr2020.pd

Category Topic

Please see the various 50% Rule FAQ’s and publications available at the link below:

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

1. This is in effect and will continued to be enforced during building permit plan review.
2. Basic rule: If the cost of improvements or the cost to repair the damage exceeds 50% of the market value of the building prior to sustaining damage, it must be brought up to current floodplain management standards. 

The Town of Fort Myers Beach, following the National Flood Insurance Program (NFIP) requirements, must determine "substantial damage" and "substantial improvement” for structures.

1. Substantial damage is defined as damage of any origin sustained by a structure whereby the cost of restoring the structure to its “before damage” condition would equal or exceed 50% of the market value of the structure. (Note: The cost of the repairs must include all costs necessary to fully repair the structure to its “before damage” condition.)
2. Substantial improvement is defined as any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure (before any improvements are performed).
3. Historic structures may be exempt from these requirements if the compliance would threaten the structure’s continued eligibility for historic designation.

These laws are required by the NFIP to protect lives and investments from future flood damages. The Town must enforce these laws in order for federally backed flood insurance to be made available to Town residents and property owners.  

If the total cost (labor and materials) to restore the building to its pre-damaged condition is less than 50% of the market value of the pre-damaged structure (the entire building), the existing structure can be repaired as is, provided all construction was permitted and code-compliant in your flood zone originally, without elevating the structure. If the total cost (labor and materials) to restore the building to its pre-damaged condition is greater than 50% you can still repair the damage, but the structure must be brought up to current floodplain management regulations. One of the more notable requirements is the requirement to raise the lowest floor of the structure to the required design flood elevation. The “lowest floor” means the lowest floor of the lowest enclosed area, including basements but excluding unfinished or flood damage-resistant enclosures usable solely for parking of vehicles, building access, or storage.

As required by the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP), the Town has made a preliminary determination that certain buildings on Estero Island have been substantially damaged. When the cost to repair a building in the special flood hazard area exceeds 50 percent of the pre-damaged building value (also known as “FEMA’s 50% Rule”), the building is considered substantially damaged. This determination is based on the damage assessment conducted by the US Army Corps of Engineers following Hurricane Ian and a cost estimate of the work required to restore the building to its pre-damaged condition. 

Due to this preliminary determination, if the property owner would like to keep the existing building, they are required to bring the building into compliance with the current flood damage-resistant provisions of the NFIP and the Florida Building Code (FBC). One significant requirement for newly constructed or substantially damaged buildings is that the lowest floor, as defined in the FBC, must be elevated above the base flood elevation (BFE) as shown on FEMA’s flood insurance rate map (FIRM), plus an additional foot of freeboard. This is known as the required flood protection level (FPL) or BFE + 1’. For more information on how to determine the “lowest floor” of the building, see the question in the Building Services FAQ entitled “What is the “lowest floor” of a building and what is the elevation reference point which must be elevated above the minimum elevation?” 

If you received a substantial damage determination letter, you may wish to contact your insurance agent to understand how raising the elevation of your building can reduce NFIP flood insurance premiums.  If you were covered by a NFIP flood insurance policy during Hurricane Ian, you should contact your insurance provider to discuss the Increased Cost of Compliance (ICC) coverage which can help pay for work required to bring your home into compliance. For more information on ICC coverage, see also the FEMA Increased Cost of Compliance Coverage documents in the FEMA Guides section of the Building Services Resource Library.

If you have received a substantial damage determination letter and the lowest floor of the existing building is currently below the required flood protection level on the current FIRM, and you wish to keep the current structure, the lowest floor of the building will be required to be elevated to BFE + 1 foot elevation if the building’s repair costs will exceed the 50% damage threshold. 

A second option is to demolish the existing structure and build a new, elevated structure. There are some situations where buildings are so severely damaged that they cannot be elevated. For these buildings, demolition may be the only feasible alternative.

A third option is to apply for a building permit and detail all the costs which will be required to repair the existing building to its pre-damaged condition at the current lowest floor elevation, if you feel that the labor and materials cost to rebuild your existing building will not exceed 50% of its pre-damaged value. A building permit application must be submitted along with plans and specifications that incorporate code compliance measures.. Note that the FBC requires a permit to be issued prior to beginning work, including but not limited to demolishing, renovating, repairing, or building. Construction activities started prior to receiving an issued building permit covering that scope of work are violations and will result in citations, fines, and/or other legal action.

Note that your required building permit application must include “repair/improvement cost forms,” listing all labor and material costs necessary to restore the building to its pre-damaged condition. These forms will be evaluated by the floodplain coordinator to determine if this preliminary determination will be revised. If this initial determination is revised so that the building is no longer considered substantially damaged (below the 50% rule damage threshold), the revised assessment will replace the determination contained in this letter and will become the official determination for your building. If you already have an issued building permit to demolish or repair your existing building, or build a replacement building, your cost forms have been reviewed, your substantial damage determination has been revised, and you may disregard the substantial damage determination letter. For more information, please visit the Building Services Frequently Asked Questions (FAQ) section of the Town of Fort Myers Beach website, http://www.fmbgov.com.

There are two ways to determine the 50% rule threshold amount:

Option 1)

You may use the Lee County Property Assessor's assessment which has been adjusted to approximate market value.  Based on the retraction letter received by the Town of Fort Myers Beach from FEMA on February 17, 2023, two days after their initial letter, FEMA has recognized the Lee County property appraiser as the authority to assess real property values. The county property assessor’s office has been charged with deriving property valuations taking into consideration various factors. Accordingly, the Town will continue to use the “Tax Roll Value Letter” when it is an available option (generally available for single-family residential properties) on the Leepa.org website, or an independent appraisal of the pre-hurricane building market value submitted with a building permit application, to determine the pre-hurricane market value of properties in the Town of Fort Myers Beach. According to the Town of Fort Myers Beach floodplain ordinance, these are the two building valuation options available for determining if a building has exceeded the substantial damage or substantial improvement 50% threshold (i.e. the "50% rule").

To find this value, first visit the Lee County Property Appraiser’s website (http://www.leepa.org). Type your property address into the Site Address line of the Quick Property Search area and hit Search:

Click on the “Parcel Details,” link:

On the next screen, click on the yellow “Tax Roll Value Letter” text (link) in the center of the page:

Next, find the “Building Value” in the table in the center of the first page:

Use half of this value (divide by 2) to determine the “50% rule” threshold for the building.

* Note: The Lee County Property Appraiser’s office website (LEEPA.org) does not have a Tax Roll Value letter for every parcel, particularly larger multi-family residential, condominium, or hotel buildings, non-residential properties, and vacant land parcels. 

Many commercial properties are valued via the income capitalization approach. However, this valuation method is not an accepted method for FEMA’s 50% rule because it is based on how the property is used, and not the value of structure alone.

If a Tax Roll Value Letter is not available for your parcel, you should consult with one or more Florida-licensed property appraisers as soon as possible to obtain a private appraisal of your building value. You will need to include a copy of this private appraisal with your building permit application.

For more information, see LEEPA’s Hurricane Ian FAQ - Why does this parcel not have a Tax Roll Value Letter? 

Option 2) 

A private actual cash value (ACV) appraisal of the pre-damaged building value can be obtained by the property owner through an independent appraisal. This appraisal must be prepared and certified by a property appraiser licensed in the State of Florida. The appraisal must show the actual cash value of the building in its pre-damaged state, not the land or other improvements/accessory structures. Submit this appraisal with any building permit application for review.

For more detailed information about SI/SD, please see the various 50% Rule FAQ’s and publications available at the link below:

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

If your structure is located in the Special Flood Hazard Area (SFHA) and is not flood compliant, meaning that the lowest floor elevation of the structure is below the base flood elevation plus 1 foot of freeboard elevation (BFE + 1’), the Town of Fort Myers Beach (the Town) has flood damage prevention regulations that may affect how you remodel, renovate, or add on to your building.

The NFIP (National Flood Insurance Program) requires that any structure located in the SFHA (flood zones beginning with A and V) where the cost of proposed improvements or repairs equals or exceeds 50% of the value of the structure must be brought into full compliance with current flood damage prevention regulations.

After submitting the two inspection reports and applying for a building permit, the contractors and design professionals associated with the permit must be registered with the Town of Fort Myers Beach. Note that any person engaging in contracting services in the State of Florida must be currently registered, certified, or possess a certificate of authority through the Department of Business and Professional Regulation (DBPR). Under section 489.127 Florida Statutes, anyone providing unlicensed contracting services during a state of emergency commits a felony of the third degree. 

Due to structures throughout the Town of Fort Myers Beach being located in the special flood hazard area, the FEMA “50% Rule” for substantial improvement or substantial damage will continue to be enforced during plan review. Please consult with your design professional to determine whether this rule will impact the design of your construction project.

A substantial damage (50% rule) determination is made for each building.  The cost to repair all units and common areas of each building (the entire building) to its pre-damaged condition is compared to 50% of the calculated market value of the structure prior to sustaining damage. If the total cost (labor and materials) to restore the building to its pre-damaged condition is less than 50% of the market value of the pre-damaged structure (the entire building), the existing structure can be repaired as is, provided all construction was permitted and code-compliant in your flood zone originally, without elevating the structure. If the total cost (labor and materials) to restore the building to its pre-damaged condition is greater than 50% you can still repair the damage but the structure must be built to the current floodplain management regulations.

All improvements or repairs completed, including new impact windows, doors, and shutters, are included in a substantial improvement or substantial damage determination. However, note that only the main structure is included in making a 50% substantial damage determination. Accessory structures (fences, driveways, garages, etc) are excluded.

Yes, you can pull an interior remodel permit and you also have the option to act as your own general contractor for your own home by completing the work yourself as an “owner-builder.”  If a property owner is acting as the general contractor (owner-builder), they must sign the “Owner Builder Disclosure Affidavit” and must be able to complete all the work themselves, or hire licensed contractors i.e. (electrical, plumbing, HVAC, roof). This completed form must be included with any permit application for which the owner wishes to be an owner-builder.

Be sure to read the disclosure statement carefully before considering being an owner-builder. If you have a contractor to help you, they must be a Florida-licensed contractor and must be added to the permit as a subcontractor. Any person working on the building who is not licensed must work under your direct supervision and must be employed by you, meaning that you must comply with laws requiring the withholding of federal income tax and social security contributions under the Federal Insurance Contributions Act (FICA) and must provide workers’ compensation for the employee(s). 

Additionally, a completed repair/improvement cost form must be included with the application. Note that an estimate of donated or discounted materials and owner/volunteered labor must be included on the cost form:

https://www.fortmyersbeachfl.gov/DocumentCenter/View/16198/Form--Repair-Cost-form-2020

Market value may be established by a qualified independent appraiser using the Actual Cash Value (replacement cost depreciated for age and quality of construction). In your example, the building is valued at the depreciated value of $607,700. Divide by two to determine the 50% rule threshold ($303,850).

The “50% rule” applies to substantial improvement and to substantial damage. However, there is not a cumulative clause (e.g. all repairs over a 5 year period) in the definition of substantial improvement or substantial damage in the FMB floodplain ordinance. Therefore, a roof that was installed in January 2022 will not count towards a substantial damage determination related to damages incurred from Hurricane Ian in September 2022.  Note that a repair/improvement cost form is required along with a building permit application to repair storm damages and the applicant is required to include all labor and material costs to restore the building to its pre-damaged condition.

Built-ins refer to built-in cabinets/bookcases/furniture (e.g., kitchen, utility, entertainment, storage, and bathroom) or built-in appliances (e.g. microwaves, dishwasher & separate ovens that are built-in to their own cabinets, as opposed to a free-standing refrigerator, stove, washer, or dryer). 

Some possible built-in appliances also include: 

• Built-in dishwasher
• Built-in refrigerator
• Trash can cabinet
• Trash compactor
• Double oven/wall oven Built-in Appliance
• Range top/stovetop
• Built-in microwave/ microwave oven
• Microwave hood
• Built-in coffee maker

Category Topic

To determine in which flood zone your building resides, you can enter your full property address, and Fort Myers Beach, into the FEMA flood map service center at the link below:

https://msc.fema.gov/portal/home

Important: You need to include a comma and the town name in the search bar (e.g. 2525 Estero Blvd, Fort Myers Beach).  

After entering in your address, an overhead map will appear with your property labeled with a red teardrop icon. Your flood zone will be displayed close to your building within the same zone on the map. This example shows that the building is entirely within flood zone AE11. The base flood elevation (BFE) of the building in this example is 11 feet. The Florida Building Code requires the lowest floor of buildings to be raised to an elevation of at least BFE + 1 foot of additional height, known as freeboard (BFE + 1’). Therefore, the required elevation for new construction, or a substantially improved or substantially damaged building, located entirely within the AE11 flood zone is 12 feet. 

Category Topic

If unsure, you may email the Building Services Department: buildingpermits@fmbgov.com

It must be signed by the property owner as listed on www.leepa.org or someone with a recorded Power of Attorney from the owner. If the owner is a trust, LLC, corporation, or other separate legal entity, proof of ownership must be provided along with the owner’s acknowledgement.

Yes, you must include all labor and material costs that the building has required, or will require, to be repaired to its pre-damaged condition.

A reasonable “market value” for labor must be included on the repair/improvement cost form. For owner and volunteer labor, the Town will accept the 2021 Florida mean wage for physical labor at construction sites of $17.25 hour, according to the 2021 survey conducted by the U.S. Bureau of Labor Statistics.

The value placed on labor should be estimated based on applicable minimum-hour wage scales for the skill and type of construction work that is done. Cost estimates will be verified by local officials based on professional judgment and knowledge of the local or regional construction industry wage scales.

Items that must be included in the costs of improvement or costs to repair are those that are directly associated with the primary building.   Costs not directly associated with the primary building can be excluded. For a complete list, please see pages 160-161 of the Substantial Improvement/Substantial Damage Desk Reference (In-Depth Information from FEMA regarding the 50% Rule):

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

Category Topic

The inspection report is sent every day for the following business day at 4 p.m. Any request received after 4 p.m. each day will not be scheduled until two days after the request is received. Inspections are not done on weekends or federal holidays.

• Permit inspection board (in a weather protected condition, visible from the street)
• Notice of Commencement (if applicable)
• Approved plans (available under uploaded files in your permit @ PERMIT PORTAL)

Once the permit is issued you can check the permit status, pay fees, print permits and approved job site plans, schedule inspections, and check inspection results using the permit portal:

https://portal.iworq.net/FORTMYERSBEACH/permits/600

The permit portal requires an access code provided at the time you registered your company or as an owner builder. You can also contact contractorregistration@fmbgov.com to obtain one.

*Email the Building Services division staff at buildingpermits@fmbgov.com to get an access code. Please note: appointments are not currently available.

A re-inspection fee is charged to cover the additional trip and labor required for re-inspection. Notes from the inspector will be added to the building permit online so corrections can be made by the applicant. **Once fees are paid, an inspection can be rescheduled.**

A permit extension request can be submitted to buildingpermits@fmbgov.com

Yes, but the roof deck nailing and secondary water barrier must be installed according to the Hurricane Mitigation Retrofit Manual (Based on s. 553.844, F.S.). 

A completed roof inspection affidavit,  found at the Applications and Forms page, is required on-site at time of the dry-in inspection and a copy must be emailed and processed by the Building Services division at buildingpermits@fmbgov.com prior to requesting the 501 Roof Dry In inspection for your permit through the IWorQ online permitting portal.

Applications and Forms page:

https://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms

• ROOF INSPECTION AFFIDAVIT - needed with  all single family re-roofs

Yes, a $60.00 re-inspection fee applies to cover the additional trip and labor required for re-inspection.

A lighting plan must be included in the electrical and building permitting documents for all structures waterward of the State’s Coastal Construction Control Line (CCCL)(between the CCCL and the Gulf of Mexico), which runs near Estero Blvd for most of the Island.  In addition, a lighting plan must be included along with all multifamily, commercial, and industrial development order or building permit applications regardless of their location in Fort Myers Beach.  These lighting plans must be determined by the Town to be in compliance with Sea Turtle Conservation Ordinance 22-11 prior to the issuance of a development order or building permit.

Prior to the issuance of a certificate of occupancy (CO) or a certificate of completion (CC), the exterior lighting of the new development shall be inspected after dark by the Town with all exterior lighting turned on. This inspection will determine compliance with the approved lighting plan and the Sea Turtle Conservation Ordinance 22-11.

Lighting plan means plan view and cross section drawings describing location, number, wattage, wavelength, elevation, orientation, fixture cut sheets, and all types of proposed exterior artificial light sources, including, but not limited to, artificial lighting affixed to permanent structures, outdoor lighting, pool lighting, and internally or externally lighted signs.

For more information, see the Environmental Sciences Sea Turtle page at the link below:

https://www.fortmyersbeachfl.gov/963/Sea-Turtles

Category Topic

You first must know the zoning district in which your property resides. The zoning districts throughout the Town of Fort Myers Beach are shown on the Official Zoning Map at the community development map page:

https://www.fortmyersbeachfl.gov/168/Maps

An alternate method of determining your zoning district is to go to the Lee County Property Appraiser’s website at LEEPA.ORG and following the steps below:

Dimensional regulations for conventional zoning districts, such as Residential Single Family (RS) where single-family detached homes are the predominant land use, are found in the Town of Fort Myers Beach Land Development Code (LDC) Chapter 34, Article III, Division 4, Table 34-3) at the link below:

https://library.municode.com/fl/fort_myers_beach/codes/code_of_ordinances?nodeId=PTIIICOOR_CH34ZODIDESTNO_ARTIIIZODIRE_DIV4COZODI&wdLOR=cD9528818-D5B9-4F91-B7B6-9EE7D86EF4C8

If you have further questions after reviewing the LDC, please visit https://www.fortmyersbeachfl.gov/125/Zoning or email your question to the planning and zoning division staff at zoningpermits@fmbgov.com.

Setbacks are measured from the building to the property line.

Note however that the Land Development Code (LDC) allows for up to a 5 foot credit if the property line goes into an adjacent waterway. For example, if the property line was 10’ out into the water (beyond the seawall) then you can measure the 25’ required waterbody setback starting 5’ into the water.

If the property line is inside the seawall, then the measurement is from the property line. 

If you have further questions regarding setbacks, zoning, and other Land Development Code issues, please fee free to reach out to our planning section staff at zoningpermits@fmbgov.com.

Signs on individual parcels throughout Estero Island fall under the FMB Land Development Code (LDC) and require an approved permit from the Town of Fort Myers Beach prior to installation.

There are several requirements regarding signs in the Land Development Code (LDC), and these requirements vary based upon the type of sign, the proposed use, and the proposed location. There are various sign requirements regarding lighting, location, size, height and width, number of signs per parcel, etc. Some sign types and uses are prohibited, and some are exempt from permitting requirements. If the proposed sign is not prohibited or exempt, a sign permit application can be completed and submitted through the IWorQ online permitting portal.  The sign(s) application is reviewed to ensure that the proposed sign installation will be in compliance with the regulations in the LDC.

Sign information in the LDC:

https://library.municode.com/fl/fort_myers_beach/codes/code_of_ordinances?nodeId=PTIIICOOR_CH30SI_S30-5PRSI

The sign application is found in the Applications and Forms section of the Building Services webpage:

https://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms

SIGNS

• SIGN APPLICATION

After completing the application and including the required documentation, the applicant can submit their completed application documents using the IWorQ citizen engagement portal at the following link:

https://portal.iworq.net/FORTMYERSBEACH/new-request/701/3343

After reviewing the LDC regulations regarding signage, if you have additional questions regarding sign permits please feel free to reach out to the planning division staff at zoningpermits@fmbgov.com. They are happy to assist you.

The code for accessibility requirements is the Florida Building Code, 7th edition (2020), Accessibility volume:

https://codes.iccsafe.org/content/FLAC2020P1

All new or altered public buildings and facilities, private buildings and facilities, places of public accommodation, and commercial facilities subject to the Florida Building Code, Building volume shall comply with the requirements of the Accessibility volume.

The Town recommends that property owners consult with a design professional (Florida-licensed engineer or architect) and a general contractor to determine design criteria for their structure.  Once their design and estimates is obtained, the property owner can make a more informed decision about what will work best for their circumstances.

When you are purchasing a home or property in Fort Myers Beach, it is best to use a licensed realtor who is experienced in buying and selling in FMB. 

The realtor should have expertise in the various steps that they need to take to make sure they are properly researching and advising you about construction or remodel requirements necessary with the Town, Lee County, FEMA and any other organizations that would have an impact on your purchase. 

The Fort Myers Beach Chamber of Commerce has a section on its website about real estate services. The Town shares this information for your convenience only. It should not be interpreted as an endorsement for any particular business or realtor.  

It would also be a good idea to consult with an attorney about the purchase. 

 General tips from moving.com about buying a beach property.

If you had federal flood insurance, you’ll want to look into applying for “Increased Cost of Compliance” coverage with your insurance adjuster prior to demolition.  If you’re pursuing this, you’ll need to provide the insurance adjuster with a substantial damage determination letter.  

For structures that are completely destroyed or near completely destroyed by flood damage:

Please send an email our Floodplain Coordinator at buildingpermits@fmbgov.com with a description of the scenario and request a substantial damage determination letter. The Town of Fort Myers Beach Floodplain Coordinator will review the supplied cost estimate for a possible 50% substantial improvement or substantial damage (SI/SD) determination. If it is determined that the total cost of repair (labor and materials) will exceed 50% of the pre-damaged market value of the structure, a substantial damage determination letter will be issued, and you can forward this substantial damage determination letter to your insurance company for Increased Cost of Compliance (ICC) purposes.  

For structures that have sustained flood damage but are not destroyed or nearly destroyed (and will be renovated instead of demolished):

To request a substantial damage determination letter, please work with your licensed contractor to complete a repair/improvement cost form at the link below which itemizes your repair costs:

https://www.fortmyersbeachfl.gov/DocumentCenter/View/16198/Form--Repair-Cost-form-2020

Email the repair/improvement cost form to our Floodplain Coordinator at buildingpermits@fmbgov.com. The supplied cost estimate will be reviewed for a possible 50% substantial improvement or substantial damage (SI/SD) determination. If it is determined that the total cost of repair (labor and materials) will exceed 50% of the pre-damaged market value of the structure, a substantial damage determination letter will be issued. You can forward this substantial damage determination letter to your insurance company for Increased Cost of Compliance (ICC) purposes. 

There is not a formal mold and/or moisture certification, but you may choose to work with a licensed mold remediation contractor.

The structures located in the Town of Fort Myers Beach have been severely impacted by Hurricane Ian with widespread visible damage to one or more structural and electrical components. Due to the severity of the storm and with the intent of protecting against further loss of life, it is the position of the Town of Fort Myers Beach that all structures are currently considered unsafe until a certification of safety can be completed for the structure and electrical systems.

Prior to occupying a structure or proceeding with building, renovating, or adding to a structure, a structural inspection and an electrical inspection must be completed. 

The structural inspection must be performed by a professional engineer with structural experience licensed in the State of Florida. Upon completing the inspection, the structural engineer must offer their findings and expert opinion in the form of a post-inspection report. This report must be signed, sealed, and dated by the structural engineer and must certify the following:

1)   The integrity of the structure has been maintained

2)   The structure is currently in a condition to securely withstand the weight of its anticipated loads

3)   The structure will continue to perform safely as intended for the foreseeable future.

The electrical inspection must be performed by either an electrical engineer licensed in the State of Florida or a Florida-licensed electrical contractor. The report must certify that in the expert opinion of the Florida-licensed electrical professional, the electrical system is safe to reconnect to electrical service.

The electrical report must be emailed to the Town of Fort Myers Beach Building Services Division at buildingpermits@fmbgov.com. The format of the report is at the discretion of the contractor, but it must include the contractor’s name, license number, and whether the structure is safe to energize. After submittal and approval of the report by the Town, the information will be forwarded to the electric utility (FPL) for their use in connecting electric to the structure.

After a building is cleared to energize, the Town will notify FPL that the building is safe to energize. FPL has asked the Town to email a daily report to them at 3pm with a list of addresses that have been cleared for reenergizing. A confirmation email is also sent by the Town to the email address on record to notify them that FPL has been notified. Note that FPL is experiencing a high volume of reconnection requests at this time and have notified the Town that it may take up to 7 business days for them to reestablish services to properties after receiving this emailed list.

Note that it is the property owners’ responsibility to arrange for these inspections with the licensed professionals of their choice and to ensure that the documents are submitted to the Town of Fort Myers Beach. A list of contractors registered with the Town of Fort Myers Beach is available at the Town website at http://www.fmbgov.com. However, the property owner may also select a professional that is not currently registered with the Town but is licensed in the State of Florida. The post-inspection reports must be emailed to the Town of Fort Myers Beach Building Services Division at buildingpermits@fmbgov.com. After submittal and approval of the documents, the structure may be legally occupied.

Property owners may choose to utilize a private provider for plan review and inspections which pertain to compliance with the Florida Building Code. Processing, reviews, and inspections which are associated with permit processing and customer service, Land Development Code (LDC), floodplain regulations, environmental, stormwater, Fire code compliance, technology, impact fees, and other related portions of the permit are not eligible for privatization.

Plan review can only be reviewed by private provider if the Notice to Building Official form is submitted with the permit application. If private provider services are used for inspections only, the Notice to Building Official form must be submitted to the Building Services division before the first scheduled inspection for the permit. 

See the private provider forms in the Applications and Forms section for more information:

https://www.fortmyersbeachfl.gov/1069/Building-Services-Applications-Forms

Category Topic

Obtain structural and electrical safety reports for your building.  Prior to occupying a structure or proceeding with building, renovating, or adding to a structure, a structural inspection and an electrical inspection must be completed. See also the “Can I occupy a structure and/or connect electric service?” section at the Building Services webpage at http://www.fmbgov.com/building

 Determine your total repair costs to return your building to its pre-damaged condition by obtaining bids from one or more general, building, or residential contractors.

 Compare these estimates to 50% of the pre-damaged building market value. After getting the estimates for repairing the building to its pre-damaged condition, if the total cost (labor and materials) to repair the building to its pre-damaged condition is less than 50% of the market value of the pre-damaged structure (the entire building), you can repair the existing construction in place (provided it was a code-compliant and permitted installation in your flood zone originally) without having to bring the entire building up to the currently enforced building codes and floodplain management regulations.

However, buildings that are substantially damaged (over 50% of the market value) need to meet the current floodplain management regulations. There are many floodplain regulations but the most notable is that new buildings, or substantially damaged or improved buildings (over 50% of their pre-damaged building value), must have their lowest-floor elevation raised to at least the base flood elevation shown on the Flood Insurance Rate Map (FIRM) plus one additional foot (BFE + 1’).  

See also the 50% Rule FAQ page: 

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

 Decide whether you will be repairing (and possibly elevating) the existing building, or if you will be demolishing the building and building a new building.  

If you decide to demolish your structure and build a new building, you may have your general, building, residential, or demolition specialty contractor apply for a demo permit through the IWorQ online permitting system at http://www.fmbgov.com/building.  The contractor will remove the home.   

Note that you can seek funding assistance for this demolition from FEMA through http://www.IanDebrisCleanup.com. Be sure to mention at that website that you have the debris from another home on your property as well. 

Discuss your situation with your insurance adjuster. If you had federal flood insurance, you’ll want to look into applying for “Increased Cost of Compliance” coverage with your insurance adjuster prior to demolition.  If you’re pursuing this, you’ll need to provide the insurance adjuster with a substantial damage determination letter.  More info is below: 

For structures that are completely destroyed or near completely destroyed by flood damage: 

Please send an email our Floodplain Coordinator, Kristin Schumacher (Kristin.Schumacher@fmbgov.com) with a description of the scenario and request a substantial damage determination letter. The Town of Fort Myers Beach Floodplain specialists will review the damage and issue a substantial damage determination letter if appropriate. 

If substantial damage to the structure is confirmed, a SI/SD determination letter will be emailed to the property owner.  Copies of notifications of substantial damage and not substantial damage are attached. 

A copy of this correspondence to property owners will be recorded in the online IWorQ permitting system under the property address. 

For structures that have sustained flood damage but are not destroyed or nearly destroyed (and will be renovated instead of demolished): 

To request a substantial damage determination letter, please work with your licensed contractor to complete a repair/improvement cost form at the link below which itemizes your repair costs: 

https://www.fortmyersbeachfl.gov/DocumentCenter/View/16198/Form--Repair-Cost-form-2020 

Email the repair/improvement cost form to our Floodplain Coordinator, Kristin Schumacher (Kristin.Schumacher@fmbgov.com). She will review the supplied cost estimate for a possible 50% substantial improvement or substantial damage (SI/SD) determination. If it is determined that the total cost of repair (labor and materials) will exceed 50% of the pre-damaged market value of the structure, a substantial damage determination letter will be issued, and you can forward this substantial damage determination letter to your insurance company for Increased Cost of Compliance (ICC) purposes.  

For more information on the “50% rule,” including instructions on determining the 50% threshold amount, here is a link to our 50% Rule page:

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule 

For repairs to existing structures which are not substantially damaged (less than 50%):  If you need to change, replace, or extend plumbing, electrical, mechanical, or structural systems of the building, you need a residential (both inside and outside work) permit, an interior remodel (just inside work) permit, or a trade permit (to work on an electrical, plumbing, or mechanical system). It is recommended that property owners have Florida-licensed contractors obtain the permit(s) in the contractor’s name. 

All permit applications are exclusively accepted using the IWorQ online permitting system. 

Permitting information is at http://www.fmbgov.com/building 

All permitting forms are found at: https://fortmyers.portal.iworq.net/portalhome/fortmyers 

Once the permit is issued you can check the permit status, pay fees, print permits and approved job site plans, schedule inspections, and check inspection results using the permit portal:

https://portal.iworq.net/FORTMYERSBEACH/permits/600 

All permitting-related emails, resubmittals and to add additional documents to the application after initial online submittal, permitting questions, etc.: buildingpermits@fmbgov.com

Inspections questions or cancellation requests: inspections@fmbgov.com

Contractor registration, license, and insurance updates: contractorregistration@fmbgov.com

Replying to a plan review rejection letter: resubmittal@fmbgov.com 

For repairs to existing structures which are substantially damaged (more than 50%):  Substantially damaged structures will need to meet all current building code and floodplain management regulations. There are many floodplain regulations but the most notable is that new buildings, or substantially damaged or improved buildings (where the total cost is over 50% of their pre-damaged building value), must have their lowest-floor elevation raised to at least the base flood elevation shown on the Flood Insurance Rate Map (FIRM) plus one additional foot (BFE + 1’).  

The Town recommends that you consult with a design professional (Florida-licensed engineer or architect) and a general contractor to help you determine design criteria for your structure if you are constructing a new building or have a building that is substantially damaged or substantially improved.  Once you have their design and estimates, you’ll be able to make a more informed decision about what will work best for your circumstances. 

For more information, please see our 50% rule page:

https://www.fortmyersbeachfl.gov/1254/FEMAs-50-Rule

You will need to provide evidence that the accessory apartment was approved prior to 1997. For more information, see the following section of the Town of Fort Myers Beach Land Development Code (LDC): 

Accessory Apartments, with or without owner occupancy

https://library.municode.com/fl/fort_myers_beach/codes/code_of_ordinances?nodeId=PTIIICOOR_CH34ZODIDESTNO_ARTIVSURE_DIV2ACUSBUST_S34-1177ACAPNOREOWCUPR

If you do not intend to occupy the home, your lot will have to have enough density to accommodate that second dwelling unit. 

For newly-constructed buildings, or buildings that have been substantially damaged or substantially improved, the Florida Building Code requires the lowest floor elevation to be at or above the base flood elevation plus an additional one foot of elevation (BFE + 1’). The base flood elevation can be located on the new flood maps, found at the flood information page below:

https://www.fortmyersbeachfl.gov/731/Flood-Information 

If you have further questions regarding the LDC, please contact zoningpermits@fmbgov.com.

There are various span ratings for sheet goods and the answer will vary depending on the situation (joist spacing, location, etc).

Please check out this link to the Florida Building Code, Building, 7th Edition for TABLE 2304.8(1)    ALLOWABLE SPANS FOR LUMBER FLOOR AND ROOF SHEATHING:

https://codes.iccsafe.org/content/FLBC2020P1/chapter-23-wood#action-wrapper-18731935

The Town recommends that property owners consult with a design professional (Florida-licensed engineer or architect) and a general contractor to help them determine design criteria for their structure.  Once their design and estimates are obtained, they’ll be able to make a more informed decision about what will work best for their circumstances.