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We have a Florida home built to BFE in late 1975 (Post FIRM  for that 
community) 
 
Today, that Home / Floor built to BFE in 1975 is rendered  non-compliant / 
non-conforming due to a change in the FIRM, BFE and New FEMA  REGS.
 
County Officials say the first elevated floor (built to BFE in 1975  
compliant with county code and NFIP Regs. of that time) cannot be expanded or  
improved under the 50% rule unless the home is elevated to CURRENT BFE. 
 
Here is language I have found in random communities in Florida trying  to 
explain the 50% rule and below that the FEMA explanation.
 
After review of the below language, MY QUESTION: Is our home  allowed to 
have a bathroom installed as long as that bathroom does not exceed  the 50% 
rule? 
 
THANK YOU!
 
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The 50% rule is standard for all communities in America from what I  can 
read and from what I have been told by the National Association for  Flood 
Plain Managers. Communities can in fact adopt Codes that are more  restrictive 
the NFIP REGS. and those county codes will always take  precedence. 
 
Here is the explanation from Naples, Florida Building Dept. on the 50% Rule 
 ( as just as an example) 
 
_http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ%2B2ebs0%3D&tabid=1
43&mid=567_ 
(http://www.naplesgov.com/LinkClick.aspx?fileticket=RSwkJ+2ebs0=&tabid=143&mid=567) 
 
Here is the Monroe County Explanation: (I believe this page needs  updating 
and more clarification made on Post-FIRM structures -  yes??) 
 
_http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/info/50percentrule.p
df_ 
(http://www.monroecounty-fl.gov/pages/MonroeCoFL_Growth/info/50percentrule.pdf) 
 
However, Both examples above really need to be closer to the FEMA  / NFIP / 
Flood Plain Regs. / Explanations as reflected here:
 
_http://www.fema.gov/txt/floodplain/nfip_sg_unit_8.txt_ 
(http://www.fema.gov/txt/floodplain/nfip_sg_unit_8.txt) 
 
I pulled and excerpt from FEMA's explanation from the above link  
pertaining to Post FIRM Structures:
 
Post-FIRM buildings 

The rules do not  address only pre-FIRM buildings — they cover all 
buildings, post-FIRM  
ones included. 

In most cases, a post-FIRM building will be  properly elevated or otherwise 
compliant with 
regulations for new  construction. However, sometimes a map change results 
in a higher BFE or  
change in FIRM zone. A substantial  improvement to a post-FIRM building may 
require that the  
building be elevated to protect it from the new, higher, regulatory BFE.  

It should be remembered that all additions to a post-FIRM building must  be 
elevated at least 
as high as the BFE in effect  when the building was built. (You can’t allow 
a compliant  building 
to become noncompliant by allowing additions at grade.) If  a new, higher 
BFE has been adopted 
since the building was built, additions  that are substantial improvements 
must be elevated to the 
new  BFE. 

THE FORMULA 

A project is a  substantial improvement if: 

Cost of improvement project >  50 percent 

Market value of the building 



For  example, if a proposed improvement project will cost $30,000 and the 
value of  the 
building is $50,000: 

$30,000 = 0.6 (60 percent) 

$50,000  



The cost of the project exceeds 50 percent of the  building’s value, so it 
is a substantial 
improvement. The  floodplain regulations for new construction apply and the 
building must meet  

the post-FIRM construction requirements. If the project is an addition,  
only the addition has to 
be elevated (see the examples later in this  section). 

The formula is based on the cost of the project and the value  of the 
building. These two 
numbers must be reviewed in detail.  

Project cost 

The cost of the project means all structural costs,  including 

• all materials 
• labor 
• built-in appliances 
•  overhead 
• profit 
• repairs made to damaged parts of the building worked  on at the same time 
 
-----------------------------------------
 
Again, It seems very clear to me our home / floor built to BFE in 1975  
could in fact be improved as long as it is not a "substantially  improved" as 
defined under the 50% rule.....CORRECT OR NOT?
 
Thank you for your time and feedback! 
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