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2022 Hurricane Ian Allow Extension Alternative Nonetheless in Impact. Property homeowners, builders, building business professionals, and different permit- and authorization-holders might have much more alternatives for additional extensions because of Hurricane Ian in 2022.
The next supplies an summary of the allow extension obtainable underneath legislation, together with what provides rise to the extensions, the forms of permits and authorizations which are coated, and the way lengthy your extension might probably be. As a result of each scenario is exclusive, Katie Berkey, Esq., AICP at Becker can advise you on whether or not and the way this legislation can apply to your specific case.
Qualifying for the Extension
On September 23, 2022, the Governor issued Government Order No. 2022-218, declaring a 60-day a state of emergency, until prolonged additional, for a number of counties in Florida in mild of Tropical Despair 9, which later strengthened into Tropical Storm Ian, after which into Hurricane Ian. On September 24, 2022, the Governor issued Government Order No. 2022-219 to make the prior Government Order relevant to your complete state. On November 21, 2022, January 19, 2023, March 17, 2023, Might 15, 2023, July 13, 2023, September 8, 2023, and November 6, 2023 respectively, the Governor prolonged the state of emergency one other 420 days collectively underneath Government Order Nos. 22-268, 23-21, 23-60, 23-104, 23-139, 23-176, and 23-214.
Because of these sequential Government Orders, qualifying permit-holders can lengthen sure permits and authorizations for a complete of 24 months and 480 days so long as they comply with the procedures set forth within the orders. You will need to notice, nonetheless, that underneath Part 252.363(1)(a), Florida Statutes (2023), which applies retroactively to September 28, 2022 because the date on which Hurricane Ian made landfall, the utmost extension interval might not exceed 48 months in whole within the occasion of a number of pure emergencies for which the Governor declared a state of emergency.
Six forms of permits and authorizations qualify for an extension underneath these circumstances:
- The expiration of a improvement order issued by a neighborhood authorities, which incorporates all kinds of native authorities approvals that let improvement actions
- The expiration of a constructing allow
- The expiration of a allow issued by the Division of Environmental Safety or a water administration district for administration and storage of floor waters pursuant to Half IV of Chapter 373, Florida Statutes
- Consumptive water use permits issued by the Division of Environmental Safety or a water administration district pursuant to Half II of Chapter 373, Florida Statutes, for land topic to a improvement settlement underneath Sections 163.3220-163.3243, Florida Statutes, wherein the permittee and the developer are the identical or a associated entity
- The buildout date of a Growth of Regional Influence
- The expiration of a improvement allow or improvement settlement approved by the Florida Statutes, together with these approved underneath the Florida Native Authorities Settlement Act underneath Part 163.3221, Florida Statutes, or issued by a neighborhood authorities or different governmental company.
Notifying the Authorities That You Are Invoking Your Proper to an Extension
You do not want to use to a authorities company to get permission to increase qualifying permits and authorizations. Somewhat, the extension happens as a matter of legislation so long as you provide a written notification of your intent to train your proper underneath the statute to the suitable authorities physique inside the allotted time interval.
How Becker Can Assist
In the event you maintain permits or different authorizations in Florida and would love help in reviewing and evaluating attainable alternatives for extension to protect your improvement rights, please contact Katie Berkey, Esq., AICP.
2022 Hurricane Ian Allow Extension Alternative Nonetheless in Impact
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