The Oversight Committee (OC) is sometimes involved in the review of a resident application for projects that come under Section 8 of the NLYH Rules in an advisory capacity to the Board of Directors (BOD). Their involvement usually is to verify that the project is within the buildable area of a lot and that it is within the setback required by the Rules from adjacent structures and the required setback from the street. Not all applications need OC review.

Applications for seawall lot projects usually are referred to the OC because there are restrictions on what can be built on them that differs from inland lots. Rear decks and rear patios near seawalls are good examples.

If a variance from the Rules is needed, that application is sent to the OC for their review and input. Their input is advisory only and again involves setbacks, buildable areas and lot lines.

Confusion comes when a resident applies to the BOD to do the work on their home or the lot it sits on, and whether or not a permit from Collier County is also needed, and, who is responsible for getting any permits.

The application is the form that you obtain from the Business Office or online at the NLYH web site. You return the completed form along with a drawing of the work you want to do on the plot plan provided with your application.

Members of the BOD review your application and your plan and they make the decision as to weather or not to send it to the OC.  The BOD members usually involved in the approval decision are the Directors of Maintenance, Environmental and Rules. In the case of a seawall lot, the Seawall Director is involved.

The application lists 4 steps you must follow, one of which states “If necessary, obtain all necessary permits as required by Collier County prior to work being done.”  

When you sign the application, you are acknowledging that you are the responsible party for obtaining any Collier County permits that may be required.

How does a resident find out what requires a permit from Collier County?  

That answer must come from the Collier County Building office. Collier County follows the Florida State Building Code, Section 105.1.  They have an online information page that gives a summary of some of the work that may require a permit. It is not all encompassing, but it gives basic information.   Go to; https://www.colliercountyfl.gov/your-government/divisions-a-e/building-review/building-blocks.

There is additional information found on the City of Naples web site regarding building permit requirements. The City and Collier County use the same Florida Code – Section 105.1. It is not a official answer, but like the County web site above, it gives some information as to what may require a permit. That information is found at:  https://www.naplesgov.com/building/page/when-do-i-need-permit

In summary, Board of Directors approval of an application is only one step of the process. The determination of the need for any Collier County permits and obtaining those permits is the responsibility of the resident.

Jon Alberghini, Oversight Committee Chairman