We know recovering from hurricanes is overwhelming. Lee County is actively working to help our residents get back on their feet while following guidelines that will protect our community from future harm.

The Substantial Damage Rule is also known as the 50% rule. If the cost to repair the home is 50% or more of its pre-damage value (without the land), the home is  considered Substantially Damaged and cannot be repaired without bringing it into compliance with the current floodplain codes (e.g. elevating or replacing it). All cities and counties that participate in the National Flood Insurance Program, like ours, are required to follow this evaluation process.

Important note: 

• The Substantial Damage assessment (50%) rule applies even if you do the work yourself or if others have donated all the work and materials.
• Remember: The assessment that the County performs will evaluate all costs to repair the structure to its pre-storm condition.
• Failure to comply with floodplain regulations may jeopardize participation in the NFIP, potentially resulting in the loss of eligibility for all Unincorporated Lee County residents to obtain federal flood insurance, disaster assistance, and federally backed loans and grants.
  

Market value means the value of the structure, excluding the land and other improvements on the parcel such as docks, fences, sheds, etc. 

The term refers to the Actual Cash Value (like-kind replacement cost depreciated for age, wear and tear, neglect and quality of construction), determined by a qualified independent appraiser or the building value of the structure, developed by the Lee County Property Appraiser's Office. 

• Go to Leepa.org.
• In the Quick Property Search area, enter the site address and click the search button. 
• After the page loads, you should see "Parcel Details" on the right, click that link which will take you to the "Property Data" page.
• Select the storm event "Tax roll Value letter" that applies.
• After the page loads, find the "Building Value"
• If the repair costs meet or exceed 50% of that building value, the structure is considered Substantially Damaged and the structure will need to be brought into current code compliance either by elevating the structure or building a new compliant structure.
• If the repair costs are under that 50% building value, then the structure is not considered Substantially Damaged and may obtain a storm damage repair permit.
  

We're here to help you through the process. You will need to submit an "After-the-Fact" repair permit. Gather all receipts, bids, contracts, photos or other documentation that will aid as "back up" to your repair permit application. This information will be helpful when you fill out the Detailed Cost Breakdown package. View instructions located throughout this page for more details.

LeeCares Hurricane Housing Recovery Programs

Income-eligible homeowners who experienced property damage during hurricanes Helene and/or Milton in 2024 can now pre-apply for LeeCares Hurricane Housing Recovery Programs. Visit leeflcares.com to begin the pre-application process. Following this initial screening, a full application will be required to proceed with the HUD grant process. Individuals who need assistance with the application process may call 239-382-5453 or visit the LeeCares Intake Center, from 9 a.m. to 6 p.m. Monday through Friday, 9400 Gladiolus Drive, Suite 270 in Fort Myers.

Consequences of non-compliance may include…

• Cities or Counties may face probation or suspension from the NFIP. 
• Homeowners could lose access to federally regulated mortgages and face foreclosure. 
• Loss of eligibility for federal funding (e.g. Hazard Mitigation Grant Program, Flood Mitigation Assistance). 

The County faces the following risks if suspended from FEMA National Flood Insurance Program: 

• Loss of Mortgage Access: No mortgages will be available from banking institutions insured and regulated by the Federal Deposit Insurance Corporation (FDIC) within Special Flood Hazard Areas (SFHA). 

• Ineligibility for Federal Grants: The local government will not be eligible for any federal grant programs that benefit infrastructure within SFHA zones. Must return federal active grants currently in process that benefit SFHA zones, including the Department of Housing and Urban Development's (HUD) Community Development Block Grant Disaster Recovery (CDBG-DR) program. This restriction hinders the community's ability to fund recovery and rebuilding initiatives. 

• Increased Financial Burden on Residents: The combined effects of these limitations will exacerbate the financial strain on residents, particularly due to the rising cost and limited availability of private flood insurance coverage. 

Is the decision about my home being "potentially substantially damaged" final?

• No, you can submit photos showing damage from Hurricane Helene or Milton, a detailed repair cost estimate (also known as a Detailed Cost Breakdown) and a repair permit application for the County to evaluate and make a final determination. 
  

Can I submit all the necessary paperwork to the permitting counter in person?

• Yes, however, only if you have all the necessary paperwork ready. If you don't have a complete Detailed Cost Breakdown package with all of the required backup (see next item), you will not be able to submit a permit.

What if I received a letter but my structure was not damaged and no repairs were/are needed?

• If you disagree with the PSD determination, please email firminfo@leegov.com with any relevant information that may support a reconsideration. Our staff will conduct a thorough review, and once the research is complete, we will provide a response with our findings.
  

What does "cost backup" mean?

• This means supporting documentation for the source of the repair costs, whether it be receipts, cost estimates, bids, contracts. For example: on the Detailed Cost Breakdown, if replacing damage drywall cost $2,000 – where did that cost come from? What is the document source that will lead us to verifying that cost? Owners should submit as much supporting documentation as possible. 

I disagree with this letter, my home was not "Potentially substantially damaged".

• You can submit photos showing damage from Hurricane Helene or Milton, a detailed repair cost estimate (also known as a Detailed Cost Breakdown) and a repair permit application for the County to evaluate and make a final determination. 
  

How long will the permit review process take?

• Storm damage repair permits take precedence over all other permit types. With accurate submission of all required paperwork, including a fully completed and correct Detailed Cost Breakdown package, the processing time typically takes 20 business days. (Refer to the section below for common reasons behind repair permit delays). County staff remain committed to expediting these damage repair permits; however, the high volume of applications still arriving from Hurricanes Helene and Milton may impact processing times.

What if I'm in the middle of repairing my home, what do I do?

• Stop repairs and contact us immediately to help you through the repair permit process.

Do I have to get a permit? Why can't I just show you pictures of my home right after the storm?

• Our field and data assessments indicated there was enough damage to warrant your structure in a category of "Potential Substantial Damage". You can submit photos showing damage from Hurricane Helene or Milton, a detailed repair cost estimate (also known as a Detailed Cost Breakdown) and a repair permit application for the County to evaluate and make a final determination.

What happens if I ignore this letter because I don't agree with it?

• Failure to start the Substantial Damage review process within 60 days of the date of this letter could result in a code violation, stop-work hold on your property and current/active permits, and denial of future permits.  This means that you will not be able to obtain non-storm related permits for anything else – including dock permits, AC permits, elective renovation permits, Pool permits, Driveway permits, roof permits, etc. Starting the Substantial Damage review process means submitting a repair permit application with accompanying Detailed Cost Breakdown package to the County.