Coastal Home Rebuilding: Emergency Permits and Flood Rules

Replacing a home destroyed by a disaster can qualify for a coastal permit exemption, but repairs in a Special Flood Hazard Area still require permits. Public Resources Code section 30610 sets the replacement conditions. The Federal Emergency Management Agency says permits are required for all repairs in that flood area, regardless of the substantial damage determination.

According to foxla.com, the California Coastal Commission approved emergency permits for work at properties along Beach Road in Dana Point. The publication also reported local emergency declarations in Dana Point and Laguna Beach.

The Office of Governor Gavin Newsom says the Governor directed the California Coastal Commission to expedite review of projects that protect people, property and essential services from erosion, flooding and landslides. The statement addresses qualifying emergency permit requests when immediate action is necessary.

The executive director may grant an emergency permit under California's emergency permit regulation. The emergency must require action faster than administrative or ordinary permit procedures allow. The proposed work must be limited to what is necessary to address the emergency and consistent with the Coastal Act.

The regulation allows permit conditions to include an expiration date and a requirement to apply for a regular permit later. We advise checking the emergency permit's own terms before planning the work or a later application.

A home destroyed by a disaster can qualify if its replacement meets the conditions in Public Resources Code section 30610. The replacement must conform to applicable existing zoning requirements, retain the same use and sit in the same location on the affected property.

Under that provision, the replacement shall not exceed the floor area, height or bulk of the destroyed structure by more than 10 percent. Bulk means total interior cubic volume measured from the exterior surface of the structure. The limit covers height and bulk as well as floor area.

The provision defines a disaster as a situation in which the forces that destroyed the structure were beyond its owner's control. We advise checking each replacement condition and asking the city about applicable zoning before relying on the exemption.

The rule applies to damaged structures in a Special Flood Hazard Area in communities participating in the National Flood Insurance Program, according to the Federal Emergency Management Agency. This is a designated flood area. The community's building official or floodplain administrator decides whether a building is substantially damaged. The agency and the insurance carrier do not make that decision.

The Federal Emergency Management Agency says a building is substantially damaged if the cost of repairing it to its condition before the disaster is 50% or more of its market value before the disaster. All damage counts toward that threshold, including damage from causes other than flooding.

According to the Federal Emergency Management Agency, an adopted higher community standard applies. Local standards may also count repairs over a period of time. We advise asking the city's building official or floodplain administrator which standard applies to your property.

National Flood Insurance Program policyholders may qualify for Increased Cost of Compliance coverage if their buildings are in a Special Flood Hazard Area and are determined to be substantially damaged. According to the Federal Emergency Management Agency, eligible policyholders may receive up to $30,000 in this coverage.

The Federal Emergency Management Agency says this coverage can help pay for work to meet local codes, including relocating or demolishing a structure. We advise asking your insurance agent about access to these funds while you review rebuilding requirements with local officials.

To discuss your repair or rebuilding project with us, book a free call.