A new state law now exempts single-family homeowners from having to obtain and pay for a building permit fee if their project total cost is below $7,500.
And while the Flagler Beach City Commission on June 25 adopted a resolution to comply with House Bill 803, officials are worried that those projects, especially new fences, could result in more conflicts between neighbors and a loss in revenue for the city.
“Things like fences, sheds, things like that that cost less than $7,500, no permit is required (anymore),” said City Manager Dale Martin. “Your neighbor can build a fence, and it’s up to the neighbor to make sure that it’s built to the right location and things like that.
Residents are still required to “apply to get an exemption,” City Attorney Drew Smith explained, but he too expressed concern that the new process “is going to mean more neighbor-to-neighbor conflicts, and the city will be out of them.”
The exceptions to the new law include projects that involve “electrical, plumbing, mechanical, gas and structural work,” the city manager added.
What can the city do if a residents’ fence project violates building code?
Though a single-family homeowner might be exempt from the need of a permit to build a new fence, the work still has to abide by code standards.
“Code enforcement is still there,” Smith said. “If that fence goes up and gets put in the wrong place, you’re still subject to the code.”
But since “building permitting was the opportunity for jurisdictions to say, ‘Let us help to make sure you’re putting (a fence) in the right place,’” now the city won’t know “what you’re building until it’s in the ground.”
City code enforcement could intervene in the event a neighbor makes a complaint, the city attorney explained.
“So there will be more code enforcement generated because of this also,” Smith said.
How much are Flagler Beach’s building permit fees?
A $35 fee is required for any application, but subsequent costs depend on project size and costs.
According to the city’s website, here’s how the fee schedule works based on project budget categories:
How could the city still try to ensure new fences meet code standards?
Commissioner R.J. Santore asked how the city could still work with residents to ensure a fence project is done correctly.
Smith said that the city could offer assistance or input for any residents who apply for the exemption.
“When that exemption is claimed, that will be an opportunity for building departments to say, “Hey, if you don’t mind sharing with us what you plan to build, we are happy to help you make sure it goes in the right location,’” Smith said.
He reiterated, however, that the city no longer has power to prevent a qualifying project from receiving the exemption.
Another option the board could consider is requiring fence projects be subject to the Planning Department’s zoning code review process, which incurs a fee.
Commissioners gave consensus for city staff to look at some of those options, especially for future fence projects under the exemption.
“As a city, let’s try to participate in the process to make sure it gets done right, if anything,” said Chair Eric Cooley.
— Brenno Carillo is a local government reporter covering Flagler County, including Palm Coast and Flagler Beach, for The Daytona Beach News-Journal.
This article originally appeared on The Daytona Beach News-Journal: City fears more ‘neighbor disputes’ from building permit exemption law
Reporting by Brenno Carillo, Daytona Beach News-Journal / The Daytona Beach News-Journal
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By Brenno Carillo, Daytona Beach News-Journal | USA TODAY Network
