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LETTER OF MAP DETERMINATION DOCUMENT (REMOVAL)

March 6, 2018 by Chris Ryder

A few months ago I was notified by Bank of America that my house is now in a FEMA Flood Zone AE which is a Special Flood Hazard Area and thus I had to have flood insurance.  I already had flood insurance because, well, because it’s smart.  But my house is not in Zone AE. Zone AE goes through my front yard but my house is in Zone X and this is what is securing the loan, what flood insurance insures, and what is rated for flood insurance purposes. I just couldn’t get Bank of America or my insurance agent to look at darn FIRM map and follow the logic outlined in the FEMA Flood Insurance Manual.  BTW, both Bank of America and my insurance agent use  a company called CoreLogic to issue what is called a ‘STANDARD FLOOD HAZARD DETERMINATION FORM’ but they don’t even look at Elevation Certificates prepared by a surveyor even if you have one ready for them.  The only thing they will consider is a Letter of Map Amendment/Revision from FEMA which by definition is a change to the FIRM Map.  Anyway, not being deterred by the process I made a Letter of Map Change (LOMC) application.  I did this on-line but in retrospect I should have mailed them a hard copy version of the form.  If I had then I could have had a surveyor fill out a portion of that form and that would have sufficed.

Since my property was built prior to the FIRM Map being adopted in my town there was NO APPLICATION FEE for the LOMC.  I applied and sent in pictures of my property and a plot plan and all kinds of supporting documents which truly should have resulted in an ‘out as shown’ determination but FEMA wanted an F-053_EC_May2017_RE_rev or an MT-1 Form 2 – Elevation Information Form prepared by a Professional Engineer or Land Surveyor.  For starters the Elevation Form is not even on the FEMA web site but they sent it to me after I called in.  Looking at this I decided I may as well just get an EC so I initially hired Target Surveying.  The crew they sent out seemed OK but wow was the EC form just all kinds of wrong.  We parted ways and I would NOT recommend them.  I then hired Legacy Surveying in Tequesta.  The qualifier there is a Greg Tucker whom I spoke to at length and he is a VERY knowledgeable person.  I submitted the EC to FEMA and inside of a few days they issued a LETTER OF MAP AMENDMENT DETERMINATION (REMOVAL).  This shows the insured building is located in FEMA Zone X and thus is NOT in a Special Flood Hazard Area.  I have sent this along to Bank of America, Core Logic and my insurance agent.

18-04-1479A-120217

Now, a few things I learned:

  • Try to determine what the Lowest Adjacent Grade (LAG) of  the house is and ONLY apply if you know this is HIGHER than the Base Flood Elevation or BFE shown on the current FIRM Map.  For my property the LAG was 6.5′ and the BFE is 6′ where both are by the 1988 datum.
  • If your property was built before the FIRM Maps were adopted then the LOMC process is FREE.
  • If your property WAS NOT initially identified as being in a Special Flood Hazard Area on the Initial Flood Boundary Map then your house is NOT on ‘FILL‘ as defined by FEMA.  This matters in what FEMA application to choose.
  • If your property WAS initially identified as being in a Special Flood Hazard Area on the Initial Flood Boundary Map then your house MAY be on ‘FILL‘ if fill was added to the land AFTER the date on the Initial Flood Boundary Map.  This matters in what FEMA application to choose.
  • If I had used the mail in form to apply for the Letter of Map Change from FEMA and had the surveyor fill in a few numbers then I could have forgone the request for an EC from FEMA and I would have essentially KNOWN the outcome of the LOMC request.  If the LAG is higher than the BFE then the LOMC request should be approved.

Filed Under: Blog, Frequently Asked Questions Tagged With: FEMA, FIRM Maps, flood insurance

Palm Beach County Flood Insurance for Real Estate – 2018

December 20, 2017 by Chris Ryder

OK, the new Flood Maps are out and effective and I had the ‘opportunity’ recently to learn much more than I ever thought I would want to about flood insurance.  First, for those of us in Palm Beach County, start here (https://maps.co.palm-beach.fl.us/cwgis/?app=floodzones) to determine what flood zone you MIGHT be in.  Flood insurance is based on your building, specifically the lowest floor elevation of the living space, NOT your land.  The problem is that most computer programs, like the one used by the County, can only ‘see’ where a flood zone contour crosses your property line.  If the building is within the aqua colored dotted area or the aqua colored line around this area crosses through your building then at first look your ARE in the Special Flood Hazard Areas (SFHAs) – Zones: A, AE, AH, AO.

If the contour passes close to your building or you think the map is wrong or your lender/insurer refuses to apply the logic outlined in the FEMA Flood Insurance Manual (FIM) on classifying the building (NOT THE LAND) you can apply to FEMA for a Letter of Map Change and ask for a Letter of Map Amendment.  FEMA will tell you what the official determination is.  The process is easy and it’s free if your house was built pre FIRM.

CLICK HERE for my post on how to determine if your house is pre or post FIRM

IF you are in a SFHA, or the line goes through your building or touches it or basically IF YOU ARE GETTING ANYTHING OTHER THAN A ‘PREFERRED RATE’ FLOOD POLICY then you should hire a Land Surveyor to prepare an Elevation Certificate and it all has to do with something called Freeboard.  Freeboard is the distance between the Base Flood Elevation and your finished floor elevation.  In pre FIRM construction all that matters to get the best rates is for the Lowest Adjacent Grade to the building to be higher than the Base Flood Elevation or BFE.  In my area the BFE is shown on the maps as say ‘BFE 6′, which is to say that the Base Flood Elevation has been determined to be 6’ above the 1988 datum or baseline.  I am in Zone X but the zone AE (BFE 6) goes in front of my house.  Let’s look at this and the difference in insurance costs for a Zone X and a Zone AE.  Remember Zone AE is in the SFHA.

FOR POST-FIRM CONSTRUCTION

If you have an elevation certificate (weather your house was pre or post FIRM construction) then you should be able to use the ‘Post FIRM’ Zone AE insurance rates found in the FIM which account for freeboard and are significantly lower.  For comparison.  A pre FIRM (pre 1974) building in Zone B,C,X,AR and A99 pays $344 for a preferred risk policy as a flat rate for 250k of building coverage.  A pre FIRM building in Zone AE, where the AE zone contour goes through your house, is $2,304.  BUT, if you have an elevation certificate and the finished floor inside your house is just 1′ above the 6′ elevation (BFE) then you pay $769 for 250k of coverage.  If your interior floor is 2′ above the 6′ Base Flood Elevation defining this AE Zone then you pay $453 for 250k of building coverage.  I paid $250 for an elevation certificate from Legacy Surveying (Office@LegacyPSM.com) in Tequesta.

NOTE FOR PRE-FIRM CONSTRUCTIONhttps://MAIL TO: office@legacypsm.com

If you in a pre firm constructed house then you may use the method outlined above OR you may apply for a Letter of Map Amendment with FEMA.  You will need an Elevation Certificate  F-053_EC_May2017_RE_rev an Elevation Form MT-1 Form 2 – Elevation Information Form to do this.  If you are in a pre FIRM constructed house then basically you don’t need much freeboard to get the preferred risk policy rates.  All that is required is that the Lowest Adjacent Grade to your structure be higher than the Base Flood Elevation.  So in my neighborhood most houses are pre FIRM and the Base Flood Elevation is 6′ measured from the 1988 datum and all the houses are the standard slab on grade.  So if the Lowest Adjacent Grade to the house is greater than 6′ then you should apply for a Letter of Map Amendment from FEMA.  This sounds like a big deal but really it’s not.  Here’s a little trick I found.  In my rush for fame and glory I applied through the on line system at the FEMA web site.  They came back and said I needed an Elevation Certificate.  NO reasoning with the bureaucrats on this so I got one. BUT IF I HAD USED THERE PAPER FORM THERE IS PLACE ON IT WHERE A SURVEYOR CAN CERTIFY THE LOWEST ADJACENT GRADE IS ABOVE THE BASE FLOOD ELEVATION.  That’s it. No more documentation should be required.

I APPLIED FOR A LETTER OF MAP REVISION AND I GOT ONE.  CLICK HERE TO READ ALL ABOUT IT.

An Elevation Certificate is well worth it.

Special Flood Hazard Area (SFHA). An area having special flood, mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map (FIRM) Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. For the purpose of determining Community Rating System (CRS) premium discounts, all AR and A99 zones are treated as non-SFHAs.

Shaded Zone X is a moderate risk areas within the 0.2-percent-annual-chance floodplain, areas of 1-percent-annual-chance flooding where average depths are less than 1 foot, areas of 1-percent-annual-chance flooding where the contributing drainage area is less than 1 square mile, and areas protected from the 1-percent-annual-chance flood by a levee. No BFEs or base flood depths are shown within these zones. (Zone X (shaded) is used on new and revised maps in place of Zone B.)

Why we live near the water…

Filed Under: Blog, Frequently Asked Questions Tagged With: FEMA, FIRM Maps, flood insurance, Florida, Jupiter, Jupiter Real Estate

FEMA Letter F after new maps issued for North Palm Beach

December 4, 2017 by Chris Ryder

So we all know that the FEMA FIRM maps were recently changed and many of us living in northern Palm Beach County may have been affected.  I’ve spoken before about storm surge and the area around the Loxahatchee River is very susceptible to this.  I personally had an interesting turn of events.  The new map shows a tiny sliver of land in my front yard in what is now a Flood Zone AE.  I called the Village of North Palm Beach and they were very helpful and I was told that literally 3 (yes 3) square feet of my front yard is now in the Flood Zone AE.  The maps are compiled based upon  survey records and aerial surveys which may not be 100% accurate down to this level so I was preparing to have a topographical survey done so as to request a Letter of Map Amendment or LOMA from FEMA.  It appears that according to the lenders that if any portion of your property is inside the flood zone then you are lumped intobeing required to have flood insurance and this is what started to happen to us.  My lender sent us a letter stating at first that we were now in a Special Flood Hazard Area, then they sent us a letter stating that since we were now in a SFHA that we would need to prove to them that we have coverage in the correct  levels or they would place the policy for us and that would cost, ready for it, $3,707.17

The funny thing is that on the same date that they sent the letter telling us that we needed flood insurance FEMA sent us a letter (Letter F)..

FEMA_Ltr_F_CMR

Which states that the rated flood zone is a B and the current flood zone is a B.  I looked up what this all means and found this Lenders Guidance Letter on the FEMA site.  The RATED FLOOD ZONE is the flood zone on which your current flood policy is based.  For myself this is a Zone B.  The CURRENT FLOOD ZONE is the flood zone you are currently in ACCORDING TO THE CURRENT FEMA FIRM MAPS.  On this same Lenders Guidance Letter it states in part…

“There is no requirement for the lender to investigate or resolve the difference between the “Current Flood Zone” and the “Flood Risk/Rated Zone”.

LOOK OUT!!!!

First, my initial search of the web said that if any portion of a property is (now) shown in a flood zone then the structure is rated for that flood zone.  This is what the banks do.  The banks use a flood zone determination company to tell them if the property is in a flood zone.  If the flood plain touches any portion of your property then these folks add you to the list of those required to obtain flood insurance.  The bank then generates a letter with a  BIG number quote to force a flood policy on you. They send out the letter that I mentioned above and they are under no obligation to fix anything and they make BIG money in doing all this.  This is where the LOMA comes in because the description for same is: “For a LOMA to be issued by FEMA to remove one or more structures from the SFHA, the NFIP regulations require that the lowest adjacent grade (the lowest ground touching the structure) be at or above the BFE.”  BFE is the Base Flood Elevation.  The Lowest Adjacent Grade is “the lowest point of the ground level immediately next to a building.”  It is up to you to pay attention.  Read these letters and understand them.  I had to send a fax with the FEMA Letter F to my lender.  I also submitted it on line to the bank.  AND I sent it to my Insurance Agent.  YOU CAN REQUEST FEMA TO SEND A LETTER TO YOU WITH THE FLOOD DETERMINATION ON IT FOR A FEE OR $80.  Do this as the first item if you do not think your property (remember, the lowest adjacent grade to the insured structure) is located.

A few things to remember.  I have flood insurance because I choose to.  If I do not speak up then the bank places the property in a flood zone where coverage is required for a conforming loan.  This costs myself and any potential property buyer money and adversely affects the property value.  Also, if I choose to carry insurance that’s my decision but at some time in the future I may foolishly decide to end coverage.  Finally, There’s a big difference in premiums for Zone B properties and Zone AE today and in the future when subsidies are removed and it affects the ability and cost to re-build.

Filed Under: Blog, Frequently Asked Questions Tagged With: FEMA, FIRM Maps, flood insurance, Letter F

Benjamin Saunders
a year ago

I highly recommend R&R Realty! From the professional pictures and listing to the consistent updates and strategy, my experience could not have been better. If you're looking to sell or buy a property in South Florida, R&R Realty is your best bet.

Cathy Ingraham
a year ago

Nicole Ryder is amazing. Her expertise and knowledge in real estate shines through in many ways. Nicole knows the market, is extremely responsive, knows exactly what listings to present, and an exceptional communicator! Nicole has done an outstanding job at answering all my questions (and I’ve had a lot), keeping us informed of market changes and proactive in bringing us new ideas and listings. Highly recommend, Nicole Ryder. Can’t ask for a better experience. 10/10 ⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️

Crystal Lewis
4 years ago

I highly recommend R & R Realty. Chris worked with me to over a period of years to find what I wanted. He always responded quickly to my phone calls or texts. Chris always pointed out all the positives of a property but also possible negatives or things I hadn't thought of. It was a pleasure working with him.

Amanda Davis
7 years ago

Chris and Nicole Ryder are true professionals! They both helped my husband and I find our apartment when we were new to South Florida and were an excellent source of information about the Palm Beach Gardens/Juno Beach/Jupiter area. When we decided to buy a property two years later, we came back to R&R Realty without hesitation. Chris patiently worked with us for many months as we slowly but surely developed a sense of what we wanted. He went above and beyond, giving us not only real estate advice but also engineering tips and personal recommendations. We ultimately found a house we love thanks to Chris's diligence and tireless efforts on our behalf. I can't recommend R&R Realty highly enough!

tara connelly
8 years ago

Chris Ryder was a fantastic realtor! Thorough start to finish! Helped us buy our first property here 8 years ago sold it for us and helped us buy a second. Will most definitely be calling him again in the future.

John Bailey
8 years ago

Nicole Ryder (and Chris) provided excellent service throughout entire process of listing and selling condo in Juno Beach. Nicole was very helpful and always acted in our best interest re listing details, setting viewing appointments, responding to offers and assisting with closing requirements. We most appreciated their local knowledge and support re Florida real estate transaction requirements being non Florida residents. (Canada) We would highly recommend R&R Realty!

Matthew Pac
8 years ago

Chris is the very best realtor I have ever worked with anywhere in the country, by a long shot! Being from out of state, he spent countless hours previewing property, had a clear understanding what I was looking for, has the knowledge of an engineer/architect in evaluating structures plus is very familiar with the area. He is very patient, and never "sells" A true rare professional.

Hugh Jackson
9 years ago

I have used R&R Realty, The house Cris found for us is amazing. Cris definitely knows his business. No fooling around and gets the job done. I would definitely use Cris for further purchase. Thanks,Hugh

EI S
9 years ago

We have bought two properties through Chris and Nicole Ryder at R&R Realty. They have been a pleasure to work with--very honest, straightforward and down to earth. They truly listened to what we wanted and never pressured us to make a decision. They had great insights into local communities and readily shared their in depth knowledge of investment potential and building and construction issues. We felt totally comfortable recommending Chris and Nicole to friends who were equally pleased with their buying experience.

steve bromley
9 years ago

For most people, buying or selling a house is one of the most complicated financial transactions of a lifetime. Recently, we did BOTH, in a matter of months. Fortunately, we had Chris Ryder and his firm R&R Realty to work with, making the process as smooth as possible. At the beginning, we were absolute rookies, knowing nothing about the process, with a hundred questions, every day. Chris ALWAYS had time for us, communicating via phone, text, or email with me (Steve) and phone with Victoria, whatever we were most comfortable with. His knowledge of the Palm Beach County market (we sold our condo there) and beyond (we bought a condo in Martin County) is comprehensive. And his resources, from photographer, inspector, escrow, and mortgage broker are just as professional and thorough as he is. The staging of our condo for the listing photographs was wonderful! Chris is also a licensed contractor and an engineer, giving him expertise that other agents do not have. He was always ready to travel with us to see possible rentals in Palm Beach County, before we decided to buy, and then he was equally agreeable to turn the page and show us condos for purchase in Martin County. He involved us in every decision, giving advice when asked, but never making a choice for us. Every step was explained and we were always told the truth. When Victoria and I needed reassurance, he anticipated our needs. There were no surprises from start to finish, selling and buying. His integrity and work ethic - and his expertise and love of what he does - make him and R&R Realty the professionals we will always recommend!

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FinCEN changes to Far Bar As-Is Contracts in Florida

There are new FinCEN reporting requirements for certain case sales in Florida and the thus the Far Bar As-Is was just updated with this: “FinCEN REAL ESTATE REPORTING OBLIGATION. Section 1031.320 of Chapter 31 of the Code of Federal Regulations (“CFR”) requires that certain residential real estate transactions without institutional lender financing, where at least […]

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Enjoy sunrise to sunset views and ocean to intracoastal views from your spacious wrap around balcony at 108 Lakeshore Drive, 1441 in the Marina Tower building of Old Port Cove in North Palm Beach, Florida. This spacious 2 bedroom, 2 bathroom corner building condominium boasts floor to ceiling water views from every room. The unit has full hurricane impact slidders throughout along with accordian hurricane […]

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400 Seaside Lane, Juno Beach, FL 33408 https://www.flexmls.com/share/Dlg0h/400-Seaside-Lane,-Juno-Beach,-FL-33408 Rare Juno Beach Opportunity - Iconic Seaside Location This is your chance to own a truly special home in the charming Key West-style enclave of Seaside, one of the most coveted streets in Juno Beach. Just steps from the Atlantic Ocean and directly across from the beloved Pelican Lake walking trail, this property offers the perfect blend of Old […]

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About Us

For over twenty years now R& R Realty has been helping customers buy and sell Palm Beach homes. Northern Palm Beach County is a spectacular place to live and we know every inch of it. Generally considered the end of the sub tropical zone, the Gulf Steam waters temper our climate for warm winters making for an amazing life style filled with boats, beaches, shoping, golf & convenience just 15 minutes from the Palm Beach Airport. Feel free to browse our website for more information on Palm Beach homes for sale and real estate listings including great local neighborhood maps of Juno Beach, Jupiter, Palm Beach Gardens, Singer Island and Jupiter Island. You may choose to search for Palm Beach Homes for sale on your own at first or contact us and we will help tailor a search to your specific needs. We look forward to hearing from you! If you have any questions about property for sale in Palm Beach, please call me, Chris Ryder, the owner, directly on my cell phone at (561) 818-3858.

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