Florida just changed its building-permit rules. A new law — HB 803 (2026) — tells local governments to waive the building-permit requirement for certain small projects on single-family homes. But if your property sits in a flood zone, almost none of it applies to you. The new exemptions specifically exclude flood hazard areas, so in a flood zone a building permit is still required — exactly as before.
The short answer: yes. If any part of your property is in a flood hazard area, you still need a building permit. HB 803's two new exemptions both carve out flood zones, so being in a FEMA Special Flood Hazard Area — an AE or VE zone, for example — puts you outside them entirely.
What HB 803 actually changed
For single-family homes, the law waives the permit requirement in two narrow situations — and then removes flood-zone properties from both:
- Small projects under $7,500. Work valued at less than $7,500 on your own property no longer needs a permit — unless the property is in a flood hazard area. (It also never covers electrical, plumbing, structural, mechanical, or gas work, flood zone or not.)
- Temporary hurricane and flood barriers. Installing qualifying temporary, removable flood or storm-surge barriers no longer needs a permit — again, unless the property is in a flood hazard area.
One more piece worth knowing: even where an owner uses a private plan reviewer instead of the local building department, the local official still checks the work against floodplain management regulations. Flood oversight didn't go anywhere.
"Flood hazard area" vs. "Special Flood Hazard Area"
The law uses the phrase "flood hazard area as defined by the Florida Building Code." That's essentially FEMA's Special Flood Hazard Area (SFHA) by another name — the land subject to the 1%-annual-chance (base) flood, shown on FEMA flood maps as Zones A, AE, V, and VE. If your home is in one of those zones, it's in a "flood hazard area" for this law, and the permit exemptions don't reach it. Not sure which zone you're in? Our plain-English guide to Florida flood zones (X, AE, and VE) breaks it down.
Why this matters for your insurance
Skipping a permit you actually needed can come back to bite you — and in a flood zone the stakes are higher. Unpermitted work in a Special Flood Hazard Area can:
- Put you out of step with your community's floodplain rules, which are tied to the National Flood Insurance Program.
- Complicate a future flood claim, an Elevation Certificate, or the sale of the home, when a buyer or inspector finds work with no permit history.
- Affect how your property is rated for flood coverage.
None of that means you can't improve your home — it means that in a flood zone, pulling the permit is the safe move. And because your homeowners policy never covers flood, the right flood policy matters just as much as the permit. As an independent agency we write both NFIP and private flood, and we can check your zone for you — start with when you actually need flood insurance in Florida.
Frequently asked questions
Did HB 803 remove building permits in Florida flood zones?
No. HB 803 created new permit exemptions for single-family homes, but both exclude property in a flood hazard area. In a flood zone, a building permit is still required.
What counts as a "flood hazard area"?
The Florida Building Code's flood hazard area is the land subject to the base (1%-annual-chance) flood — essentially FEMA's Special Flood Hazard Area, shown as Zones A, AE, V, and VE on flood maps.
Can I do work under $7,500 without a permit if I'm in a flood zone?
No. The under-$7,500 exemption doesn't apply in a flood hazard area — and it never applies to electrical, plumbing, structural, mechanical, or gas work anywhere.
Does unpermitted work affect my flood insurance?
It can. Work done without a required permit in a flood zone may create floodplain-compliance issues and complicate a claim, an Elevation Certificate, or a future sale. When in doubt, permit it — and make sure your flood coverage is in place.
Not sure if your property is in a flood zone?
We'll check your FEMA flood zone and quote NFIP and private flood side by side — free.
Get a Free QuoteThis article is general information from Tomlinson & Co., not legal advice. Permit requirements are enforced locally — confirm the specifics for your project with your city or county building department. Source: Florida CS/CS/HB 803 (2026 Legislature), amending §553.79, Florida Statutes.