Post-Storm Recovery Permitting Guide

Immediate Actions (No Permit Required)

Immediately following a natural disaster, when it is safe to do so - please proceed with extreme caution for one’s own life safety - you may secure your structure to ensure the safety of occupants and to prevent additional damage. 

You do not need to wait to start the following activities. These are considered "emergency stabilization" or "maintenance" and do not require a building permit:

  • Temporary Tarping: Placing plastic sheeting or tarps over damaged roofs or walls to prevent further water intrusion.
  • Debris Removal: Clearing fallen trees, branches, and wet furniture/carpeting from the interior or exterior of the structure.
  • Boarding Up: Securing broken windows or doors with plywood for safety and security.
  • Minor Fence Repair: Reattaching fence panels to existing, sturdy posts. (Note: Replacing the entire fence or the posts usually requires a permit).
  • Glass Replacement: Replacing broken glass within an existing, undamaged frame.
  • Interior Cleanup: Removing damaged drywall (up to 2 feet from the floor) and insulation to prevent mold, provided it is not a load-bearing wall.
  • Minor Plumbing/Electrical: Replacing a faucet or a "like-for-like" light switch/outlet that was damaged.

Prior to taking up residency in a property following a storm, remove storm shutters from windows and doors. Leaving them installed during occupancy is against Florida Building and Fire Codes, because it is extremely dangerous to prevent swift and easy egress during a fire or other emergency.

Permanent Repairs (Building Permit Required)

Following a natural disaster, building permits must be obtained for any work that would require a building permit under normal conditions. Contractors hired to do repairs must be properly licensed in the same manner as they would under normal circumstances.

Any emergency measures are completed entirely at the risk of the property owner; the work must not proceed past the first required inspection and a building permit must be applied for at the earliest reasonable opportunity. 

For these items, the Florida Building Code requires an application and inspection(s): 

  • Roofing: Full reroofing or any repair involving the replacement of wood sheathing or structural trusses.
  • Structural: Repairs to load-bearing walls, foundations, or floor joists.
  • Windows/Doors: Complete replacement of window units or exterior doors.
  • Electrical: Full service reconnections, panel replacements, or rewiring due to water damage.
  • Mechanical: Replacement of the entire A/C condenser or air handler unit.
  • Plumbing: Replacement of water heaters or significant repairs to the sanitary sewer or water supply lines.
  • Exterior: Full replacement of siding, stucco, fencing, or permanent accessory structures.

Expedited Processing

If a State of Emergency is declared by the Governor, effective for the Town of Orchid, due to a natural disaster, the Town’s Code of Ordinances provides that building permit applications must be expedited if the applications regard projects necessitated by impacts of that natural disaster and do not require technical review. These include applications for:

  • Roof repairs and reroofing

  • Electrical repairs and service changes

  • Replacement of one window or one door

  • HVAC replacements (at the discretion of the Building Official)

Post-storm repair applications of any kind will be prioritized for processing over applications not directly related to recovery. Applicants must notify the Building Department if a permit application is eligible for expedited treatment. 

Urgent Repair to Mitigate Damage

If immediate repair is necessary to avoid ongoing damage to a structure or system, then work may commence without a building permit, but it must be limited to the extent necessary to remediate only the immediate emergency (i.e. curtail the ongoing damage). Within 24 hours of the immediate repair, a building permit application must be filed with the Building Department or the work will be subject to a penalty. Further, any such work must remain accessible to the extent possible for inspection by the Building Official or Inspector, or be documented with photographic evidence filed with the Building Department if it cannot remain accessible.

Validity of Post-Storm Permit

A declaration by the Governor of a state of emergency that includes the Town of Orchid for a natural disaster tolls the valid period remaining under an issued building permit for the duration of the emergency declaration and extends the validity of the building permit by 24 months, if the holder of the permit, within 90 days of the termination of the emergency declaration, notifies the Building Department in writing of the intent to exercise the aforementioned tolling, unless the permit has already expired, or he/she is in significant, and documented, noncompliance with the conditions of the permit. The extended period to exercise the rights under a building permit may not exceed 48 months in total in the event of multiple natural emergencies for which the Governor declares a state of emergency.

The "50% Rule" for Substantial Damage Determinations

If your property is located within a Special Flood Hazard Area (SFHA), we are bound by FEMA’s Substantial Damage requirements. This means that if the cost of your repairs equals or exceeds 50% of the market value of the structure (excluding land) prior to the damage, the entire building must be brought up to current flood-zone standards under the National Flood Insurance Program. Furthermore, the structure must also be entirely brought up to the current edition of the Florida Building Code. 

We will perform Substantial Damage Estimates (SDEs) as quickly as possible. Do not sign a major repair contract until you know where you stand regarding this threshold. 

Pre-storm tip: Know your property’s flood zone! Use this Indian River County tool: if your structure is wholly in an X-zone, then substantial damage won’t affect you. But, if you are in an AE zone, then you may be subject to the 50% rule. Please note that if any part of your structure is in an AE zone, the Town must treat the whole structure as though it is!

Applying for a Building Permit

The Town utilizes an online building permit processing software through MyGovernmentOnline. This system, which is in use during regular operations, is expected to be particularly effective in an emergency as it allows for the remote application submittal, as well as review and issuance of permits. The portal is open 24/7.

However, if there are widespread issues with internet connectivity or electrical power, then the Building Department stands ready to switch back to a paper-based review and issuance system as needed to expedite these processes. 

  • If Town Hall is accessible, then that is where in-person services will be provided; or
  • If Town Hall is inaccessible or otherwise unusable, Building Department operations will move to the Indian River County Parks and Recreation facility at 5350 77th Street, Vero Beach, FL 32967.

Following an impactful disaster, the Building Department will be available from 8 a.m. to 4 p.m. on workdays. 

Building Permit Fees and Penalties

Per Florida law, we will not increase permit or inspection fees for 180 days following a declared state of emergency for storm-related repairs. However, regular fees and penalties as adopted prior to the natural disaster will apply. 

Property Owner Tips for a Swift Recovery

  1. Verify Before You Hire: Post-storm "contractors" often appear overnight. Always verify a license via the Florida DBPR. Unlicensed work is not only illegal—it can void your insurance.
  2. Document Everything: Take "before" photos of all damage and "during" photos of any emergency repairs you perform. Keep every receipt. This may be helpful to the Building Department, but will certainly be for any insurance claims you may need to file!
  3. Owner-Builders: If you plan to do the work yourself, you must appear in person at our office to sign an Owner-Builder Affidavit.
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