Byron Flagg

Byron Flagg

Byron Flagg advises businesses, local governments, and property owners on land use, environmental, and real property matters in Florida. His practice involves helping clients navigate legal issues involving land use development projects, environmental permitting, zoning, comprehensive planning, homeowner association matters, land use variances, special use permits, coastal projects, sovereign submerged lands issues, FEMA floodplain issues, wetlands issues, conservation easements, environmental enforcement and compliance matters, as well as regulation of navigation and boating in state waters. Mr. Flagg is also an experienced trial attorney and handles litigation matters involving land use and environmental matters in federal, state, and administrative courts when necessary.  He has litigated flooding cases, boundary disputes cases, easement disputes, enforcement of covenants and restrictions, permit challenges, and inverse condemnation cases. Mr. Flagg is also a former Assistant State Attorney, Assistant General Counsel for the St. Johns River Water Management District, U.S. Coast Guard veteran, and native Floridian. Read his full rc.com bio here.

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The Right to Rent? Or, more like…. the Right to Apply for a License To Rent?

A new state-wide vacation rental law bill proposed in the Florida Senate would require vacation rental owners to apply for and pay a fee for a license in order to operate a vacation rental whether advertised on a website or not, as well as wipe out city and county vacation rental regulations now in place. … Continue Reading

Repairing Damaged Docks, Piers, and Seawalls After Hurricane Irma

Waterfront properties in the Keys and on both sides of South Florida coast were hit hard when Hurricane Irma began its assault on the state on September 10. The devastation included massive damage to the docks, boat-lifts, piers, and seawalls (“bulkheads”) that offer moorings to boats along waterfront properties. More than 2,000 vessels of all … Continue Reading

Florida’s “Vacation Rental” Laws To Be Readdressed in 2018 Legislative Session

Florida’s state legislators have begun filing their initial bill proposals for the 2018 Legislative Session, and it looks like the battle over local government regulation of vacation rentals (a.k.a. “short-term” rentals) will heat up again after several opposing bills either died in committee or were withdrawn last year.  On one side of the ongoing controversy … Continue Reading

Congress Moving on Re-authorization and Reform of National Flood Insurance Program

Just in time for Thanksgiving, the U.S. House of Representatives voted last Tuesday to approve House Resolution 2874 entitled the “21st Century Flood Reform Act.”   The Act must still pass the Senate and be signed by the President before becoming law with a current expiration date just around the corner – December 8, 2017.  But … Continue Reading

Miami Voters Approve “Sea Level Rise” Bond Initiative

On November 7, 2017, Miami voters approved a $400 million dollar general obligation bond initiative with nearly half of the bond money ($192 million) going toward infrastructure projects to specifically, “Reduce Flooding Risks; Improve Stormwater Infrastructure.”   Although the wording of the initiative on the ballot did not include the term “sea level rise,” the initiative … Continue Reading

City of Miami Voters to Decide $400 Million Bond For Sea Level Rise and Affordable Housing

By August 30, 2017, Irma had transformed from a mere tropical storm system off the coast of Africa into a Category 5 Hurricane with South Florida appearing in its sights.  With only days before possible landfall in Miami, the entire city, its people, businesses and property owners shifted from their normal daily lives to making … Continue Reading

Reauthorization of the National Flood Insurance Program (NFIP). When does it Expire? Will it be reauthorized or changed?

One of the most significant land use issues facing Congress this year is reauthorization of the National Flood Insurance Program (NFIP).  The NFIP is a FEMA managed program that provides flood insurance, analyzes and improves floodplain management, and develops flood plain maps (called Flood Insurance Rate Maps or “FIRMs”) showing different types of flood zones.  … Continue Reading

“Florida 2070”: What Florida’s Land Development Patterns Could Look Like In 50 Years

What do land development growth patterns across Florida look like over the next 10, 20, or 50 years?  That’s a question local governments, developers, and property owners of all types consider when planning for the future and investing in real estate development projects. Understanding those patterns, where they will occur, and in what intensity are … Continue Reading
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