By Zachary W. Lombardo, Florida Local Government Law attorney
Many home improvement stores sell ready to install sheds. These sheds, because they do not require a contractor to build, may not strike you as being “buildings” such that a “building permit is required,” but in Collier County, and in many other jurisdictions, a building permit, and in some cases additional development approvals are required to install a shed. The reasons for these requirements are varied. If you have questions about placing a shed on your property in Florida, contact one of the local government law attorneys at Woodward, Pires & Lombardo, P.A.
Floodplain Requirements
One of the reasons is to ensure compliance with the jurisdiction’s floodplain management ordinances. In Florida, local governments have protective ordinances to reduce damage during flooding and storm events. These requirements often include anchoring requirements and material requirements for sheds to help prevent a shed from detaching from the ground during a storm event and causing damage to the surrounding property. These floodplain requirements are usually the result of the local government participating in federal flood insurance programs. By putting in place regulations to prevent as much flood damage, local governments can reduce the cost of flood insurance within their respective jurisdictional limits.
Set Back Requirements
Another reason for these requirements is that sheds are required to meet setbacks on Florida properties. Often, property owners like to place sheds at the rear of their property. Sheds, however, often must meet the rear-yard setback requirements. The requirements may be lessened for accessory structures, like sheds, but there are still setback requirements.
Use Requirements
A final example reason for these requirements is to ensure that what is being built is actually a shed. Without a requirement to apply for permits, it is possible that instead of installing a shed, what is installed is a tiny home or guest house, which, for various reasons, may not be otherwise permitted.
During the permitting process, the above concerns, as well as others, can be addressed. Woodward, Pires & Lombardo Land Use & Zoning lawyers can help.
Regardless of whether you find these reasons to be good policy decisions, Florida local government ordinances are the law, and should you install a shed without a building permit, you are exposing yourself to a potential code enforcement action that may result in your having to remove the shed, or, having to relocate it after going through the permitting process, or, worse, if you refuse to remove the shed, a lien against your property.
Thus, it is important to check with the local government before installing a shed to see if any permits are required, and if so, to apply for one.
Talk to Our Florida Land Use & Zoning Lawyers
Should you have any questions about local government law, land use or the Florida permitting process, please feel free to contact any of the Woodward, Pires & Lombardo attorneys listed below:
Zachary W. Lombardo is a Naples native and an associate attorney at Woodward, Pires & Lombardo, P.A. His Juris Doctorate is from the Florida State University College of Law. He focuses his land use, zoning, business, contract drafting, and litigation practice in the Southwest Florida community.
Lenore T. Brakefield is a Naples native and partner at Woodward, Pires & Lombardo, P.A. Her Juris Doctorate is from the University of Florida Levin College of Law. Lenore focuses her law practice on civil and commercial litigation and is experienced in construction litigation matters, as well as local government law, code enforcement violations, community association law, real estate law and transactional matters. Additionally, Lenore is a Certified Financial Litigator by The American Academy for Certified Financial Litigators.
Anthony P. Pires, Jr. is a partner at Woodward, Pires & Lombardo, P.A. and a Board-Certified Specialist by The Florida Bar in City, County & Local Government Law. He represents numerous public and governmental entities, special districts, concerned citizens and private sector clients throughout Collier and Lee Counties in Local Government Law, Land Use and Zoning Law, and Government Relations.
Woodward, Pires & Lombardo, P.A.
Naples Office:
3200 Tamiami Trail N, Ste 200
Naples, FL 34103
239-649-6555
Marco Island Office:
606 Bald Eagle Dr, Ste 500
Marco Island, FL 34145
239-394-5161
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