Palm Beach takes aim at new law that ‘blows up’ its landmark program
The Town Council is mounting an offensive against a just-enacted state law that allows owners to demolish certain landmarked houses in high-risk flood zones.
Palm Beach officials have taken the first steps in their campaign to persuade the Florida Legislature to repeal a law limiting the town’s ability to stop owners from knocking down some newly landmarked houses that don’t meet flood-plain standards in low-lying areas.
The law — a last-minute amendment to a larger legislative package to reform the state’s building code — caught officials and preservationists by surprise when it was enacted with little fanfare July 1 following the legislature’s unanimous vote to approve it in late May.
The Town Council on Wednesday unanimously passed a resolution protesting the amendment and urging lawmakers to repeal it in next year’s legislative session. But officials also want to ensure the town’s legislative lobbyist is on board with the strategy.
Demolition of historic properties “is an irreversible action which contributes to the loss of the Town’s identity and sense of place,” the resolution states.
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The amendment applies only to Florida homeowners who live in three designated coastal flood zones, which include all of Palm Beach. The law says owners of single-family homes can demolish them at will unless the houses:
• are nationally designated historic landmarks;
• were designated historic locally before Jan. 1 of this year; or
• were designated as landmarks with their owners’ consent after the New Year.
The law allows Palm Beach homeowners who object to a new landmark designation to raze their homes if the lowest “finished floor elevation” is below flood-risk guidelines set by the Federal Emergency Management Agency or the state building code, whichever is higher.
Council members Wednesday directed the town staff to reach out to officials in other Florida cities and towns with historic preservation programs — including Miami Beach and Coral Gables — to build a coalition to oppose the law.
“There is strength in numbers,” said Council President Pro-Tem Bobbie Lindsay.
Councilman Lew Crampton, who said the law “blows up our plan” for identifying potential houses for landmark designation, agreed the town’s goal should be to get as many people and organizations to protest the law change as possible.
Because the amendment apparently was added late in the legislative process during a committee review, Crampton said, “it may mean that it’s a very loose piece that could be dislodged by a strong effort by a professional lobbyist.”
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The council also reiterated a request that Mayor Danielle Moore send a letter of protest to Gov. Ron Desantis, who signed the law into effect.
Homeowner consent has never been required for a historic property to earn protected status under Palm Beach’s 40-year-old landmarking program, which typically prevents the exterior walls from significant alteration without the permission of the Landmarks Preservation Commission. Under certain conditions, property owners of can receive significant tax breaks for restoration and renovation work, including flood-risk mitigation projects.
Council members on Wednesday also discussed — and rejected, for the time being at least — an alternative to urging the legislature to repeal the amendment. Under the alternative scenario, the legislature could carve out specific exceptions to the law for municipalities like Palm Beach with longtime historic preservation programs. But the council instead decided to urge legislators to repeal the amendment outright — a position supported by town attorney John Randolph.
The resolution was modeled after one drafted by officials in Coral Gables and supplied to the council by the nonprofit Preservation Foundation of Palm Beach, which has been vocal in its opposition to the amendment.
The foundation also presented to the council the draft of a letter that residents could send to officials in Tallahassee to support changing the law. The council agreed the letter should be posted on the town’s website and directed the staff to pursue other outlets for distributing it.
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Among the resolution’s language is a statement that the new law “encroaches” on the town’s “home rule powers” — a governing philosophy that says local governments know what is best for their own communities.
Amy Sunny, director of education of the Preservation Foundation, thanked the council for taking the matter so seriously.
“Palm Beach has such a wonderful history and a town character, and it really is essential that the town be able to make those important decisions regarding what to preserve and protect,” Sunny said. “There is no community that knows better what to protect in Palm Beach than Palm Beach.”
The resolution adopted Wednesday also takes aim at a related part of the law that stripped the Architectural Commission of its ability to review any demolition application, even though the board previously had no power to prevent a demolition if it met code requirements.
Palm Beach says repealing law will be among its new legislative priorities
The council’s resolution also says repealing the amendment will be among the town’s “legislative priorities” for the session that begins next year. Copies will be sent to the governor, the town’s legislative delegation and “other appropriate members of the legislature and other affected governmental bodies,” the resolution says.
Wayne Bergman, the town’s director of planning, zoning and building, on Wednesday reviewed with the council a letter he had sent to Broward County State Rep. Chip LaMarca (R-District 100), who sponsored the legislation as House Bill 423. Councilman Ted Cooney praised Bergman for the clarity of his letter, which explained the town’s concerns about the new law in detail.
LaMarca’s house bill generated an identical version in the Florida Senate sponsored by 9th District State Sen. Jason Brodeur (R-District 9).
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Darrell Hofheinz is a USA TODAY Network of Florida journalist who writes about Palm Beach real estate in his weekly “Beyond the Hedges” column. He welcomes tips about real estate news on the island. Email [email protected], call (561) 820-3831 or tweet @PBDN_Hofheinz. Help support our journalism. Subscribe today.
