Knowledge Base

Non-Conversion Agreement

Category: Code Enforcement

Information about Non-Conversion Agreement:

Flood Info Hotline: (239) 252-2942

Email: BuildingFloodDocs@colliercountyfl.gov

Non-Conversion Agreement Form:  Collier County Declaration of Land Restriction

 

Frequently Asked Questions about the Non-Conversion Agreement:

Q1: I have a building permit Condition that requires me to submit a Non-Conversion Agreement. What does this mean?

A: The Non-Conversion Agreement is for use in the flood hazard area, including flood zones VE, AE, AH and A for either new construction, substantial improvement (including substantial damage), alteration, or repair of the following: (1) Enclosures below elevated buildings, (2) Crawl/Underfloor spaces that are more than 5 feet in height, (3) Detached accessory structures that are not elevated and are larger than 120 square feet in area (this means it is a Flood Design Class 1 structure with flood openings).

An example of an enclosure with flood openings. www.fema.gov

Q2: What code requires the Non-Conversion Agreement?

The Non-Conversion Agreement was codified as a requirement in the Floodplain Management Ordinance 2019-01, available here: https://www.colliercountyfl.gov/home/showdocument?id=84899

Q3: What if I don’t want to sign the Non-Conversion Agreement?

A: If possible, you can: (1) change the design of your structure to no longer require an agreement, (2) remove the structure from the flood hazard area through the Letter of Map Change Process, or (3) elevate a detached accessory structure to meet the base flood elevation.

Q4: Who can sign the Non-Conversion Agreement

A: The property owner must sign the Non-Conversion Agreement. A trustee may sign for a trust as the "Trustee for said trust."

Q5: Why do I need to record the Non-Conversion Agreement?

A: The Non-Conversion Agreement provides public awareness about construction design requirements for current and future property owners. This reduces the potential for un-authorized construction activity with the goal to help protect life and property. The Non-Conversion Agreement is recognized as a FEMA and State of Florida best management practice.

Q6: How do I record the Non-Conversion Agreement?

A: The Non-Conversion Agreement is recorded with the Collier County Clerk of Courts. This can be done in person or online. For more information on how to e-record, visit the Clerk’s website and review this SOP: eRecording Presentation, August 22, 2013

Q7: How do I submit the recorded Non-Conversion Agreement to the County?

A: An original recorded agreement is not required by the County; a copy of the recorded agreement is sufficient. Applicants can submit the Non-Conversion Agreement to the county as follows:

1. Delivered to the Floodplain Management Section at 2800 N. Horseshoe Dr. Naples, FL

2. Submitted through the GMD Public Portal for E-permits

3. Emailed to the Floodplain Management Section  at  BuildingFloodDocs@colliercountyfl.gov

Q8: What should I do when my permit for my structure was issued in the flood hazard area, but I intend apply for a Letter of Map Change for the structure or property?

A: In this situation, you can provide the LOMC case number on the under construction or finished construction elevation certificate and staff will remove the requirement for the Non-Conversion Agreement.

Q9: What if I permit my shed with flood openings but do not install them (or confirm I did not need to install them) because the finished floor is elevated above the base flood elevation?

A: The Non-Conversion Agreement will not be required if the finished construction elevation certificate confirms the finished floor elevation is above the base flood elevation, regardless of whether the flood openings were installed or not.

Q10: How do I know the County has received and processed the Non-Conversion Agreement I submitted?

A: The Condition will be "Resolved" on the CityView Portal.

 

Updated 8/13/2019 2:32 PM
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