Wondering how the beach looks? SanibelSusan made a quick stop, just after noon today, at the beach access at the end of Donax Street on Sanibel’s almost east end. As the above photos show, the beach is looking great and being enjoyed. My car said the outside temperature then was 83 degrees F. With a brisk breeze, it was perfect beach weather.

My team and I are continuing to enjoy the change in traffic pattern this week as the islands slow down. The trouble is once Periwinkle Way eases up, so do the real estate phone calls and inquiries. That’s too bad, as now is when it’s often easiest to gain access to the properties that have been occupied all winter.

At yesterday’s local Association of Realtors® Caravan Meeting, in addition to many new price reductions, a large number of new listings were announced. It was a full caravan, too.

That’s a bit of an oddity for this time of the year when business typically slows down a little. Hopefully this year with winter weather continuing in many areas, Florida will be more attractive to future prospective property owners.

Shown after a couple of news items below is our weekly report showing the action posted since last Friday in the Sanibel & Captiva Multiple Listing Service.

Florida House Bill 631/Senate Bill 804 – What Are The Facts?

There have been rumblings the last couple of weeks over House Bill 631/Senate Bill 804 – Possession of Real Property (commonly known as customary use), signed by Governor Scott on March 23. Some folks believe that this bill restricts access to Florida’s beaches. That is not true.

Florida’s Constitution provides that all land seaward of the mean high-tide line belongs to the public. No government entity or private individual or property owner can deny access to it.

Posted on-line yesterday, April 12, Florida Realtors® provided a good explanation of customary use and the beach access issue with the following questions and answers:

“Question: What is “customary use”?

Answer: “Customary use” is a common law term referring to public access to private beachfront property. Generally speaking, beachfront property owners in Florida own the “dry sand” area leading down to the mean high tide line – the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The land seaward of that, commonly known as the “wet sand” area, is held by the state in trust for the public.

The process known as customary use allows a local government to adopt an ordinance that allows public access to the private dry sand area of beachfront property where the use has been ancient, reasonable, without interruption and free from dispute. (1974 City of Daytona Beach v. Tona-Rama, 294 So.2d 73 (Fla. 1974)

“Question: Are customary use ordinances new?

Answer: No. The public trust doctrine is embodied in Art. 10, s. 11 of the state’s Constitution. Further, the customary use process has existed in Florida for many decades.

“Question: If customary use is not new, then what does this new law (HB 631) that was passed actually do?

Answer: The previous process for adopting a customary use ordinance was not structured in a way that encouraged active dialogue about the issue between property owners and the local government. The intent of the new law is to allow customary use practices to continue, but in a way that is more transparent, efficient and economical, while requiring active dialogue between local governments and private property owners on the front end to avoid costly legal challenges.

“Question: What was the old customary use process and how does it work now?

Answer: Simply put, prior to this law a local government would evaluate its public beach needs and previous public use, draft a customary use ordinance to address the issues they found, and then vote to adopt that ordinance. Property owners affected by the new ordinance could then pursue a legal challenge if they wished to.

Under the new law, the local government must first hold a public hearing to make the public aware of the new customary use ordinance they want to adopt. They also need to notify every affected property owner of the proposed ordinance in writing, as well as identify the use they are seeking and show evidence of the need of that use. They will then bring the proposed ordinance forward for a judicial determination and must notify affected property owners that they have 45 days from receipt of the notice to intervene in the legal proceedings….

“Question: Is public access to Florida’s beaches cut off under this new law?

Answer: No. The law only changes the process by which a local government would follow to adopt a customary use ordinance.

“Question: I live in a county that has an engineered beach/erosion control line. Does this issue affect me?

Answer: There are 35 coastal counties in Florida. A total of 26 coastal counties have an engineered beach/erosion control line – a jurisdictional boundary established in beach re-nourishment project areas. If you live in one of these counties, then customary use ordinances are highly unlikely for your area.

Nine counties don’t have an engineered beach/erosion control line. These counties are: Walton, Jefferson, Taylor, Dixie, Citrus, Hernando, Pasco, Volusia and Flagler.”

Reducing Your Flood Insurance Cost

The cost of flood insurance often is a consideration to a prospective buyer. Some flood policies allow a new owner to assume the seller’s policy, so it is common for Realtors to ask owners about their insurance costs and the contact information for their insurance carrier. Sometimes we have info about how you may be able to reduce your insurance costs too.

Several years ago, the local Association of Realtors® brought in speakers from a local engineering firm that specializes in services related to flood zone mapping and analysis, flood protection analysis and flood proofing services. Sometimes that engineering work results in a document called LOMR (Letter of Map Revision). To fully understand what a LOMR is, it helps to know about the City’s evolution and how it relates to flood insurance.

Here is some background from Sanibel’s on-line 2017 Comprehensive Floodplain Management Plan. (Read the full document at http://www.mysanibel.com/Flood-Information/Comprehensive-Floodplain-Management-Plan )

“The City of Sanibel is a barrier island, located on southern Florida’s Gulf coast. In 1974, the City was in a grassroots effort to gain local control over land development so that the fragile and unique environment of the Island could be preserved and enhanced…. Development within the City is regulated to coexist with nature.

“One of the City’s initial tasks following incorporation was the adoption of the Sanibel Plan (a comprehensive land use plan), which uses the ‘carrying capacity’ concept of land use management to determine the development intensity permitted on the island: the more sensitive the land is to human activity, the less development is permitted. In the City’s very fragile and vulnerable Gulf Beach, Bay Beach and Mangrove Forest Zones, little or no development is allowed. On the higher and less environmentally sensitive ridge areas of the Island, more intense development is permitted.

“Prior to incorporation, Sanibel Island was zoned for the development of over 30,000 dwelling units. After the City was established and the initial Sanibel Plan was adopted in 1976, the projected number of dwelling units to be permitted on the Island dropped to approximately 7,800. After subsequent lawsuits and Plan amendments, the current projected number of dwelling units to be permitted on the Island has been adjusted to approximately 9,000.

“Not only did the City significantly decrease the amount of development permitted on the Island, but the City’s new zoning regulations severely restrained and, in some cases, prohibited development in the Island’s most environmentally sensitive and flood prone areas such as the Bay and Gulf Beach Zones, the Mangrove Forest Zones and the Interior Wetlands Conservation District. By restricting or limiting development in these sensitive and vulnerable areas, the City took a giant step to protect the public health, safety and welfare from flood damage.

“When the Federal Emergency Management Agency (FEMA) established the Community Rating System (CRS) in 1990, the City of Sanibel was one of the first to apply. Due to its historic proactive floodplain management efforts, the City is currently recognized as a Class 5 community by the CRS. Through the CRS program, the City has made a commitment to further improve and enhance its proactive floodplain management efforts through the evaluation and updating of its comprehensive Floodplain Management Plan (FMP).

“The purpose of the Sanibel FMP is to reduce or eliminate risk to people and property from flood hazard and has been developed to meet CRS criteria for such planning documents and incorporates the primary goals of the CRS to reduce flood losses, facilitate accurate insurance ratings, and promote the awareness of flood insurance. The plan includes existing and new mitigation activities, to prioritize mitigation activities and on-going activities to meet the City’s floodplain management goals. The City of Sanibel has implemented its Comprehensive Floodplain Management Plan since the initial adoption of that plan in 1995. This 2005 Floodplain Management Plan assesses updates and clarifies that plan and provides direction for future actions. On May 3rd, 2016, the Sanibel City Council established a City of Sanibel Floodplain Management Planning and Mitigation Advisory Committee to the City of Sanibel to organize and prepare the Floodplain Management Plan. Under the Community Rating System (CRS), there is an incentive for communities to do more than regulate new construction. The CRS provides a reduction in flood insurance premiums to reflect activities that reduce flood damage to existing buildings, protect new buildings beyond the minimum NFIP protection level, and help residents obtain flood insurance.

“…The largest potential impact in hazard assessment of the 100-year storm is Base Flood Elevation (BFE) requirements from the FEMA maps. In November 2014, FEMA notified the City of Sanibel that it is analyzing coastal wave action in the Gulf of Mexico as part of its Risk Mapping, Assessment & Planning (Risk MAP) program. This analysis will be used to create new elevation data for Flood Insurance Rate Maps (FIRMs). Preliminary maps are anticipated to be distributed in 2018. Previous maps included Zone VE, where the flood elevations include wave heights equal or greater than 3 feet; and Zone AE, where the flood elevation includes wave heights less than 3 feet….

“By joining the NFIP in 1979 and requiring new construction to be built above the Program’s base flood elevation, development that has occurred on Sanibel since that time is relatively safe from flood damage in all but the very worst-case storm events….”

So how does this relate to a LOMR? In floodplain lingo, a Letter of Map Revision or LOMR is FEMA’s modification to an effective Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM) or both.

Why do you want your property to be included in a LOMR? Because it may mean that your property is now located in a flood zone that is less likely to flood, so less costly to insure. The property didn’t move, but the likelihood of flooding occurring may have lessened because of nearby construction, shift in the land, and changes in the weather, that could affect wind and wave action.

In recent years, many island condo complexes and communities have hired engineering firms to determine if their locations could be candidates for LOMRs. The process can be costly and lengthy, but in many cases has achieved great results – and huge savings in flood insurance. Posted at on the City’s website at http://www.mysanibel.com/Flood-Information/LOMR-Letters-of-Map-Revision are recent revisions.

If your property is near one of these locations, particularly if it is landward of one of them, go to the link for that LOMR. There, you will see the letter that FEMA sent to the City identifying the area of change. The last page(s) of each document list by STRAP numbers & owners names, all of the properties affected by the that document. If yours is included, it may be worth a phone call to your insurance provider, as they may not be aware of the change. The LOMRs currently posted on the City’s site are:

• West Wind Inn – 3345 West Gulf Dr
• Beachcomber condo – 635 East Gulf Dr
• 1243 Par View Dr
• Pointe Santo condo – 2445 West Gulf Dr
• Sanibel Seaview condo – 727 East Gulf Dr
• Island Beach Club condo – 2265 West Gulf Dr
• Beachview Cottages – 3325 West Gulf Dr
• Dosinia condo – 3339 West Gulf Dr
• Sandalfoot condo – 671 East Gulf Dr
• Island Inn – 3111 West Gulf Dr
• Loggerhead Cay condo – 679 East Gulf Dr
• Sanibel Arms West condo – 827 East Gulf Dr
• Casa Ybel Resort – 2255 West Gulf Dr
• Tanglewood condo – 1101 to 1104 Seagrape Ln
• Sunset Beach hotel – 3287 West Gulf Dr
• Gulfside Place condo – 1605 Middle Gulf Dr
• 5125 Joewood Dr
• Sundial East condo – 1401 Middle Gulf Dr
• Sunset South condo – 1341 Middle Gulf Dr
• Sundial of Sanibel Bldg E & K – 1501 Middle Gulf Dr

To find your property’s FEMA map location, go to https://msc.fema.gov/portal/search

2018 Hurricane Seminar

The same day last week as the City seminar about the 2018 hurricane season, forecasters projected that the upcoming 2018 season may be busier than usual. As a fan of the City’s official weather consultant, Dave Roberts, it was interesting to read that he said hurricanes can happen during any month of the year when certain conditions are present. One of those is that water temperatures need to be about 80 degrees. (Right now, the gulf is about 77, 78 degrees.) According to Roberts, due to La Nina weather conditions, Atlantic Ocean water temperatures currently are one degree above average. “That’s something to be worried about,” he said.

Roberts also stressed the importance of heeding calls for an evacuation especially when powerful storm surges are expected. “I can tell you that a 15’ storm surge is very unlikely, but a 3’ to 5’ storm surge can happen. Believe me, you don’t want to get caught in that because one foot of standing water can move an SUV….”

Here’s hoping that if we are prepared, no storms will come.

Upcoming Events

48^th Earth Day Celebration at J.N. ‘Ding’ Darling Wildlife Refuge, Saturday, April 21:

• 7 a.m. to 4 p.m. – Wildlife Drive free to bikers/hikers, $5 per motor vehicle
• 8 a.m. to 4 p.m. – Free bike rentals at Tarpon Bay Explorers
• 9:30 a.m. – Bike refuge tour (4 miles)
• 10 a.m. to 2 p.m. – Earth-friendly crafts in Refuge Visitor & Education Center
• 1 p.m. – See free film STRAWS

Sanibel School Fund Blue Ribbon Golf Classic at The Sanctuary, Saturday, May 12. Call Christian at 917-763-6824 for more info/tickets.

Reminder About Watering

After experiencing below-average rainfall from November through March, residents and visitors are reminded of Lee County’s year-‘round water conservation ordinance. It prohibits irrigation between the hours of 9 a.m. and 5 p.m. Irrigation outside of these hours is limited to Thursdays and Sundays for even-numbered addresses and Wednesdays and Saturdays for odd-numbered addresses

Sanibel & Captiva Islands Multiple Listing Service Activity April 6-13, 2018

Sanibel

CONDOS

3 new listings: Tennisplace #A34 2/1.5 $339.9K, Sanibel Moorings #1631 2/2 $615K, Sanddollar #A104 2/2 $849K.

8 price changes: Sanibel Moorings #141 1/1 now $450K, Sanibel Moorings #1611 2/2 now $499K, Blind Pass #B209 2/2 now $569K, Sunset South #6A 2/2 now $599K, Sandpiper Beach #506 2/2 now $719K, Nutmeg Village #205 2/2 now $745K, Sunset South #1A 2/2 now $749.9K, By-The-Sea #C102 2/2 now $1.249M.

6 new sales: Sanibel Arms #D4 2/2 listed at $549K, Sandalfoot #3C1 2/2 listed at $729K, Kings Crown #312 2/2 listed at $799K, Tarpon Beach #206 2/2 listed at $799K, Surfside 12 #A4 3/2 listed at $819K, High Tide #C201 2/2 listed at $989K.

7 closed sales: Tennisplace #E33 2/1 $285K, Mariner Pointe #241 2/2.5 $615K, Sundial West #J307 2/2 $738K, Sundial West #F201 2/2 $795K, Sanibel Arms West #D5 2/2 $845K, High Tide #C101 2/2 $885K, Sanctuary Golf Villages I #3-6 3/3 $968.5K.

HOMES

6 new listings: 1621 Sand Castle Rd 3/2 half-duplex 3/2 $565K, 5303 Umbrella Pool Rd 3/2.5 $599K, 223 Daniel Dr 3/3 $898K, 829 Pyrula Ave 3/3 $1.149M, 2414 Wulfert Rd 4/4.5 $1.849M, 2564 Wulfert Rd 4/5.5 $2.149M.

16 price changes: 1717 Atlanta Plaza Dr 2/2 now $455K, 3837 Coquina Dr 2/2 now $699K, 1325 Par View Dr 3/3 now $739K, 1521 Wilton Ln 3/2 now $759.5K, 950 Cabbage Palm Ct 3/2 now $799K, 1350 Middle Gulf Dr 3/3 half-duplex now $885K, 4460 Waters Edge Ln 3/2 now $878K, 938 Pecten Ct 3/2.5 now $1.099M, 5411 Osprey Ct 3/2 now $1.099M, 1349 Eagle Run Dr 3/2.5 now $1.145M, 1126 Harbour Cottage Ct 3/2 now $1.249M, 1525 San Carlos Bay Dr 4/2 now $1.495M, 2984 Wulfert Rd 3/3 now $1.65M, 2564 Wulfert Rd 4/5.5 now $2.1495M, 3009 Turtle Gait Ln 4/4.5 now $2.795M, 1238 Isabel Dr 5/3/2 now $3.374M.

9 new sales: 813 Rabbit Rd 2/2 half-duplex listed at $399K, 3043 Poinciana Cir 4/2 listed at $525K, 1283 Par View Dr 2/2 listed at $574K, 887 Casa Ybel Rd 5/3 duplex listed at $575K, 1582 Sand Castle Rd 3/2 listed at $649K, 236 Hurricane Ln 2/3 listed at $689K, 678 East Rocks Dr 3/2 listed at $829K, 529 Lighthouse Way 3/3 listed at $1.22M, 805 Sand Dollar Dr 4/3 listed at $1.295M.

8 closed sales: 340 East Gulf Dr 2/2 $515K, 1625 Sand Castle Rd 3/3 half-duplex $575K, 474 Lake Murex Cir 3/2 $655K, 924 Beach Rd 3/2 $875K, 748 Windlass Way 3/3 $1.1M, 2629 Coconut 2/3 $1.15M, 2939 Wulfert Rd 5/5/2 $1.275M, 1083 Bird Ln 4/2.5 $3.675M.

LOTS

No new listings.

3 price changes: 976 Whelk Dr now $679K, 6000 White Heron Ln now $749K, 1226 Isabel Dr now $1.849M.

1 new sale: 2401 Blue Crab Ct listed at $679K.

1 closed sale: 6027 Dinkins Lake Rd $215K.

Captiva

CONDOS

1 new listing: Beach Villas #2423 1/1 $545K.

1 price change: Beach Villas #2414 2/2 now $640K.

No new or closed sales.

HOMES

No new listings.

3 price changes: 14860 Mango Ct 5/4 now $1.794M; 11535 Wightman Ln 4/4 now $1,999,999; 11523 Andy Rosse Ln 5/5.5 now $2.499M.

No new or closed sales.

LOTS

Nothing to report.

This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy.  Data maintained by the association or its MLS may not reflect all real estate activity in the market.  The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.

Until next week, here’s hoping your Friday the 13th has been lucky & you get to the beach this weekend!

Here’s one more photo from today. TGIF!

Susan Andrews, aka SanibelSusan