Increasing the safety margin above projected flood levels is a step toward reducing future flood risk

By ChrisAnn Allen

As the water level rises, buildings must accommodate the change.

And for buildings to be elevated, codes must be amended.

During a Jan. 27 regular meeting, Sarasota County Commissioners unanimously voted to adopt an ordinance approving a Unified Development Code (UDC) amendment relating to voluntary freeboard and height requirements and agreed the measure is consistent with the county’s Comprehensive Plan.

The motion approving the ordinance finalized discussion started in 2022 and last considered in July 2025, regarding changes to the UDC which would address structural strength and adaptability in future flooding circumstances.

During a July 8, 2025 commission meeting, Michele Norton, the county’s assistant director of planning and development services, led a presentation on policy guidance related to additional freeboard and corresponding height/daylight plane requirements, for possible amendments to the county’s UDC, which includes zoning and land development regulations.

The FEMA 50% rule, which applies to homes in flood-prone areas and states if the cost of repair or improvements meets or exceeds 50% of the value of the structure, the property must comply with current building codes and floodplain management regulations, which often leads to elevated structures.

“Freeboard” is a term used by FEMA to define extra height – typically measured in feet – added above the Base Flood Elevation (BFE), the predicted water level during a flood, as a safety margin in floodplain management. The Florida Building Code requires one foot of freeboard, which currently is enforced by the county. When combined with the BFE, it creates “design flood elevation,” which is the distance from sea level to the bottom of the first floor of living space. Freeboard accounts for unknowns, such as wave action, urban development, and other factors that could raise floodwaters beyond predicted levels. The additional freeboard will allow for rising water to mitigate future flooding. Accordingly, with additional freeboard comes the need for taller buildings, thereby affecting the “daylight plane,” which ensures a neighboring property will not block the daylight, due to height.

At the end of the July 8, 2025 discussion, the commission moved to allow three feet of additional voluntary freeboard, amend the zoning code as to daylight plane and where height is measured from, recommend a cap of three feet of optional freeboard allocated towards height, and include a new definition of “destruction,” relating to the Federal Emergency Management Agency’s (FEMA) 50% rule. The changes will be not limited to single family homes but will extend across the board to multi-family and commercial structures, not include conservation districts on portions of Casey Key and Manasota Key for additional height, and open it to the Special Flood Hazard Area – A and V zones – countywide. Norton also said the addition of freeboard could reduce the cost of insurance premiums, due to the safeguarding the additional space would provide against structure damage due to flooding.

Following the July 2025 meeting, the changes were drafted and presented to the planning commission Dec. 4, 2025, which unanimously voted to recommend approval to the commission.

During public comment Jan. 27, Lourdes Ramirez, representing Protect Siesta Key (PSK) and Council of Neighborhood Associations (CONA), said, “Overall, I think it’s a pretty good idea; I appreciate the work that’s gone into it.” She referred to an ordinance passed in 1975 tying height in floodprone areas to minimum flood elevation, “So, in that sense, this follows a longstanding practice.” However, she said she is concerned with the use of fill to raise new homes. “That water has to go somewhere,” she said. “And most of the time it goes to the lower homes that are nearby… Elevated homes can act like small walls, pushing water towards older, lower homes.” She suggested the commission wait to make a final determination, as the state legislature is considering related issues and is expected to wrap up in March. Additionally, she suggested making it mandatory to use pilings to raise structures, instead of dirt.

District 2 Commissioner Mark Smith, an architect and resident of Siesta Key, whose district includes part of the key and is the official who first addressed this matter, motioned for approval, which was passed unanimously with no discussion.