Building Permits -- ROGO and The Tier System

Currently, the Florida Keys utilizes the ROGO Point System when awarding building permits. ROGO stands for Rate of Growth Ordinance. It was designed to slow growth in the Keys.

However, there is a new system being considered to replace the ROGO system. Both are described below.

ROGO – In order to obtain a building permit, you must be able to show the building department that you have accumulated 21 ‘points’ that are submitted with your application. Points can be obtained in a number of ways.

Here are a few examples:

• When you purchase a building lot, it usually is already credited with anywhere from 8 to 11 points.
• Each year you hold the property before you build on it gains you points.
• Adding environmentally sensitive products to your construction gains points.
  (ie: extra insulation, impact-resistant windows, ceiling fans, just to name a few).
• You can purchase a vacant lot somewhere else and donate it to the County and you will gain points for that. ROGO lots currently sell for about $35,000.

Generally, it takes about 2 years from start to finish to obtain your permit. Additionally, some areas restrict how many permits may be issued each year.

THE TIER SYSTEM—The State Department of Community Affairs (DCA) has approved a new system to replace the current ROGO Point System when it expires. However, the County Commissioners have proposed an alternative to the approved plan that includes extensive revisions. It is uncertain at this time whether the new plan will be approved.

The Original Tier System divided all undeveloped property into one of three categories.

Tier I -- properties could not be built upon and were slated for purchase by the State or County. These are considered environmentally sensitive lands.

Tier II -- featured some areas that were buildable and some that were not, with county staff making the determination. County Commissioners and property owners are uncomfortable with this Tier. They feel the definition is arbitrary and are uncomfortable with County staff determining if a property could be developed or not.

Tier III -- is where building would be encouraged on scarified land.

The Proposed Tier System combines Tier II and Tier III into one group. Property that is wooded can be cleared up to 40% or 3000 sq ft, whichever is greater. Only 20% of Tier I properties can be cleared. There will still be limitations on how many permits are issued each year.

Further information on this topic can be obtained from the Monroe County website at:

http://www.monroecounty-fl.gov/pages/monroecofl_growth/monroecofl_planning/tier

As the information in these reports is subject to change, it is provided as a general guide and not to be relied upon in your decision to purchase or sell real estate in the Florida Keys.