Monroe County
ADU Pass helps homeowners in Monroe County, Florida navigate the permit paperwork for building an accessory dwelling unit. We cover 9 cities and 9 ZIP codes in this county.
Map
County ADU details
County ADU ordinance
Monroe County encompasses the Florida Keys (Key West, Marathon, Islamorada, Key Largo, and the long chain of islands from Key Largo to Key West) plus a small sliver of mainland (Everglades National Park / Big Cypress). Population ~82,000 year-round, with seasonal peaks far higher. Monroe is the only 'Area of Critical State Concern' designated county-wide in Florida (under s 380.05 F.S., since 1974) — this designation fundamentally changes land-use governance. The county operates a Rate of Growth Ordinance (ROGO) and Building Permit Allocation System (BPAS) that CAP the total number of new dwelling units that can be permitted in any year via a points-based competitive allocation process. Adopted in 1992 in response to hurricane-evacuation-time-constraint litigation, ROGO allocations are extraordinarily scarce — typically 197 market-rate allocations per year across the entire unincorporated Keys (plus separate allocations for Affordable, Rockland-Key, and other set-asides), versus demand of 1,500+ applications. Wait times for a market-rate ROGO allocation currently exceed 10 years. WITHOUT A ROGO ALLOCATION, NEW DWELLING UNIT CONSTRUCTION IS EFFECTIVELY PROHIBITED — and an ADU counts as a dwelling unit. This makes Monroe County's ADU viability radically different from mainland Florida. The county-wide Monroe County Land Development Code (Chapter 130-139 MCC) codifies ROGO, BPAS, and the county's environmental-protection framework. Each of the five incorporated municipalities (Key West, Marathon, Islamorada, Layton, Key Colony Beach) operates its own ROGO/BPAS allocation (municipality-specific caps) but all are subject to the county-wide Area of Critical State Concern framework and state-administered DEO oversight.
County permitting (unincorporated parcels)
Unincorporated Monroe County covers most of the Keys outside the five incorporated municipalities (Key West, Marathon, Islamorada, Layton, Key Colony Beach) plus the mainland portion (Everglades/Big Cypress). Permitting is administered by the Monroe County Building Department and Planning & Environmental Resources Department at county offices in Marathon and Key West. Building-permit issuance is conditional on ROGO allocation — applicants without an allocation cannot proceed regardless of site readiness. Monroe County's ePermits portal (eBuild) handles the technical building-permit application, but the ROGO application process is separate and competitive. The county also administers the NFIP floodplain-development permit (essentially every Keys parcel is in SFHA) and a county-wide tier-system habitat-protection overlay (Tier 1, 2, 3, 3A) that restricts clearing in sensitive habitat.
County assessor
Monroe County property assessment is performed by the Monroe County Property Appraiser, an elected constitutional officer operating out of Key West with field offices in Marathon and Plantation Key. The appraiser maintains parcel records for all ~55,000 parcels in the county. Standard Florida rules apply: Save Our Homes (F.S. 193.155) 3% homestead cap, 10% non-homestead-residential cap (F.S. 193.1554), new-construction carve-out, agricultural classification (rarely used in the Keys). Monroe County property values are unusually high — median single-family home values $800k-$1.5M+ across most of the Keys, $2M+ in prime Key West and Upper Keys. ADU addition, where feasible (extremely rare absent ROGO), captures at full just value in the year of completion — which can be a substantial annual tax increment given Keys valuations.
Assessment policy: Standard Florida new-construction assessment; subsequent 3% / 10% cap. Critical-state-concern overlay does not alter assessment methodology directly. Separate ROGO-exemption valuation considerations apply to parcels holding development rights (ROGO exemptions, buildable lots) — these parcels carry a separate 'development-right-free' valuation element that can be sold or transferred. The appraiser tracks ROGO-exempt status as a parcel attribute.
County overlays (7)
Monroe County's overlay landscape is arguably the most restrictive in Florida and perhaps the United States: (1) Area of Critical State Concern (s 380.05 F.S., since 1974) — county-wide state oversight overlay that cannot be preempted by local action; (2) ROGO / BPAS Rate of Growth Ordinance — caps new dwelling units county-wide via competitive allocation; (3) FEMA SFHAs — essentially every buildable parcel in the Keys is in Zone AE or VE with BFE 8-12 ft; (4) Florida Keys National Marine Sanctuary — NOAA-managed sanctuary covering waters surrounding the Keys, regulates docks, seawalls, and near-shore work; (5) Tier-system habitat overlay — county-wide classification restricting clearing and ROGO allocation by tier; (6) John Pennekamp Coral Reef State Park / Key Largo, Looe Key, and multiple National Wildlife Refuges (Great White Heron NWR, Key Deer NWR, Crocodile Lake NWR) — federal-wildlife and state-park overlays; (7) US-1 / Overseas Highway corridor — hurricane-evacuation-time constraint that is the legal basis for ROGO itself, subject to continual recalculation; (8) Florida Building Code HVHZ (High-Velocity Hurricane Zone) applies to all of Monroe — stringent wind-design, opening-protection, and product-approval rules at 180+ mph design wind speeds.
- Area of Critical State Concern (ACSC) designation
- ROGO / BPAS Rate of Growth Ordinance
- FEMA Special Flood Hazard Areas — essentially county-wide Zone AE / VE
- Florida Keys National Marine Sanctuary (FKNMS)
- Tier-System Habitat Overlay
- Florida Building Code HVHZ (High-Velocity Hurricane Zone)
- Federal Wildlife Refuges (Key Deer NWR, Great White Heron NWR, Crocodile Lake NWR)
Known county issues (6)
- policy-review — The Monroe County Rate of Growth Ordinance (ROGO) and municipal BPAS systems cap new dwelling units county-wide. An ADU is a dwelling unit and requires a ROGO/BPAS allocation. Current market-rate wait times exceed 10 years, and many parcels (Tier 1 habitat) cannot receive an allocation at all. Viable paths include: (a) affordable-housing set-aside allocation (deed-restricted, income-capped tenant), (b) replacement-dwelling exemption on a previously-developed lot, (c) purchase of a transferable ROGO exemption, (d) possibly attached ADU conversion within an existing conforming structure (interpretation-dependent). CONSUMERS MUST BE EXPLICITLY WARNED THAT MONROE COUNTY ADU VIABILITY IS RADICALLY DIFFERENT FROM MAINLAND FLORIDA — state ADU permissive law (s 163.31771 F.S.) and pending 2026 SB 48/HB 313 do NOT preempt ROGO because Monroe is an Area of Critical State Concern.
- policy-review — Monroe's ACSC designation under s 380.05 F.S. has been continuously in force since 1974 and is the legal foundation of ROGO. Repeated attempts to sunset or modify the designation have failed. Any state ADU preemption statute would need to specifically carve out Monroe (or repeal the ACSC designation) to change this — neither the current s 163.31771 F.S. permissive framework nor pending 2026 bills does so.
- policy-review — ROGO's annual allocation ceiling is tied to state-verified hurricane-evacuation clearance-time calculations — Monroe may not permit additional dwelling units if doing so would push clearance times over 24 hours. Periodic recalculations (most recent 2012 and 2019) have reduced available allocations. Infrastructure investments that shorten clearance times (US-1 widening, contra-flow lanes) can theoretically release additional allocations but have not done so materially in the past decade.
- other — All of Monroe County is HVHZ; combined with high flood insurance premiums (BFE + freeboard in AE/VE zones), surplus-lines wind coverage, and Citizens Property Insurance exposure, annual insurance costs on a permitted ADU can reach $4k-$12k/year even for a modest unit. This materially changes ROI calculations and must be modeled separately from mainland Florida.
- other — Monroe County and several municipalities (Key West especially) heavily restrict short-term vacation rentals via registration, minimum-stay requirements, residential-zone prohibitions, and enforcement. An ADU cannot be freely rented on Airbnb-style platforms in most Monroe County zones without meeting STR licensing and density caps. Long-term (monthly+) rental is more permissive but still subject to ROGO deed restrictions where applicable.
- other — Lower Keys parcels in the Key Deer National Wildlife Refuge service area (Big Pine Key, No Name Key, Torch Keys) fall under the Big Pine / No Name Key Habitat Conservation Plan which further limits buildable lots and requires USFWS-coordinated development review. Consumers with parcels in this area should engage USFWS and the county's HCP administrator early.
Florida state — ADU law and programs
State ADU law
Florida does NOT currently have a statewide ADU preemption law in effect. Florida Statutes § 163.31771 (enacted 2004, last amended 2020) is permissive — it authorizes local governments to adopt ADU ordinances but does not require them to. ADU rules are therefore set municipality-by-municipality: Miami-Dade, Orlando, St. Petersburg, Tampa, and a growing set of Florida cities have their own ordinances; many smaller counties and cities still prohibit or restrict ADUs by default. A preemption bill (SB 48 / HB 313) is pending in the 2026 legislative session and is likely to pass given that its 2025 predecessor cleared the Senate 37-0 and House 97-10 before dying on a procedural amendment dispute.
- Florida Statutes § 163.31771 — Accessory dwelling units — Permissive (not mandatory) statute. Defines an ADU as 'an ancillary or secondary living unit, that has a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit.' Authorizes — but does not require — local governments to adopt ordinances allowing ADUs in single-family residential zones. Contains no size caps, no owner-occupancy rules, no HOA preemption. All substantive rulemaking is local.
State financing programs
Florida Housing Finance Corporation (FHFC) does not operate an ADU-specific state loan or grant program. FHFC's primary affordable-housing lever at the ADU tier is the State Housing Initiatives Partnership (SHIP), which distributes state documentary-stamp-tax revenue to all 67 counties and 52 entitlement cities for locally-administered housing programs — some of which may fund ADU construction at the local level (notably Orange County's Affordable ADU Loan Program, run through the Orange County Housing Finance Trust). FHFC's FL Assist down-payment programs and HFA Preferred / HFA Advantage conventional loans apply to ADU-eligible primary residences but do not single out ADUs. Proposed CS/SB 1440 would create a state property-tax exemption of up to 100% of assessed value for an ADU rented at affordable rates.
State housing programs
Florida does not currently operate a statewide pre-approved ADU plan catalog (unlike California or Washington). State-level ADU implementation is driven by (a) the permissive § 163.31771 which lets willing jurisdictions adopt ordinances, (b) SHIP pass-through funding to local ADU programs (Orange County's Affordable ADU Loan Program is the model), and (c) the affordable-housing property-tax exemption under the Live Local Act (SB 102 / SB 328). The Department of Economic Opportunity (DEO) — now reorganized as the Department of Commerce — provides technical assistance to local governments but no statewide ADU-specific mandate or program. Major counties (Miami-Dade, Orange, Pasco, Hillsborough, Pinellas, Broward) have published their own ADU ordinances and guidance documents.
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.