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    • Palm Beach officials urged to promote the city’s landmark program
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    Palm Beach officials urged to promote the city’s landmark program

    Online Niel Posted on

    With landmark designation hearings set to begin next month, the City of Palm Beach’s design and preservation manager has reviewed key parts of a controversial state law with the City Council in an effort to enlist their help in advancing the landmark program of the city, decades old.

    During the council’s monthly development review meeting at City Hall on Oct. 9, Friederike Mittner highlighted parts of House Bill 423 that allow property owners to demolish certain landmark homes in high flood risk areas.

    The bill was signed into law by Governor Ron DeSantis in May 2022 and took effect two months later.

    “As we begin the landmark season between November and April, I just wanted to do a quick refresher as we talk to residents and hopefully improve our landmark program by adding more to the list,” she told council members .

    House Bill 423 allows homeowners to take down their landmark homes if the designation was made after January 1, 2022 and they do not agree with the designation.

    The law — part of a larger legislative package to reform the state’s building code — was designed to cut through government red tape for homeowners in flood-prone areas who want to raze their homes and replace them with versions that meet the requirements for floodplains.

    Read more: Former ambassador may destroy Palm Beach mansion after insurance won’t pay to comply with FEMA rule

    The flood hazard areas referred to in the legislation are defined by a flood insurance rate map issued by the Federal Emergency Management Agency. The law applies to structures where the lowest elevation of the finished floor is at or below the base flood elevation as defined by the state building code, or a higher base flood elevation as may be required by ordinance local, whichever is greater.

    The law only applies to homes that have been marked after January 1, 2022, in one of three specified flood risk areas. These areas include all of Palm Beach.

    The bill drew the ire of city officials and preservationists, who said it limited their ability to regulate the historic preservation of single-family homes that are any story below the new floodplain building requirements.

    Prior to the passage of the bill, owner consent was never required for a historic property to earn landmark status.

    “House Bill 423 is very unfortunate for the city,” said City Attorney John Randolph. the Daily News said in August. 2022. “It removes the controls the city has had in the past on demolitions.”

    During his presentation to the city council, Mittner discussed elements of the bill related to flood zones, floor elevations and homeowner objections, and encouraged council members to share those provisions with homeowners.

    “House Bill 423 states that single-family properties eligible for demolition if the homeowner has not consented to rezoning after Jan. 1, 2022, could then, if they meet additional criteria, be eligible for demolition,” she said. “I think it’s possible, as long as the owner doesn’t agree after that date, it’s possible. But there’s more to the bill and we want to make sure, again, as we get this message out, we’re very clear about what it means for homeowners.”

    Council member Bridget Moran said she and her colleagues will work to support the city in its efforts to advance its landmark program.

    “I think it’s important to serve as ambassadors for our city and the landmark program, to know what all the rules are and to give everyone the big picture,” she said.

    Sixteen historic properties on the island are slated for consideration for landmark designation next season even more could be added if time and budget allow.

    The city got some good landmark news this summer when it was exempted from a new state bill that removes demolition protections for landmark commercial buildings.

    Senate Bill 1526/House Bill 1647that DeSantis signed on March 22, prohibits local governments from preventing the demolition of a coastal commercial building if it falls below FEMA’s base flood elevation requirements; is considered unsafe by local officials; or if the building is beyond the state’s current coastal construction boundary line.

    Exemptions were granted to coastal commercial buildings located in a barrier island municipality with a population of less than 10,000 with at least six blocks not located in high flood risk areas.

    In addition to Palm Beach, municipalities with exemptions include St. Augustine, Key West, Panama City and Pensacola.

    Jodie Wagner is a journalist at Palm Beach Daily Newspart of the USA TODAY Florida Network. You can reach her at [email protected].

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