Key West is one of the most heavily regulated development environments in Florida. Two overlapping frameworks — Monroe County's Rate of Growth Ordinance (ROGO) and the City of Key West's Historic Architectural Review Commission (HARC) — govern virtually every significant resort or marina project. Add the coastal construction control line and the state's Area of Critical State Concern designation, and the regulatory stack becomes unlike anywhere else in South Florida.
Understanding Monroe County ROGO
Monroe County is an Area of Critical State Concern under Florida Statute § 380.0552. That designation gives the state extraordinary oversight over growth decisions in the Florida Keys — including Key West projects that go beyond the city's historic district.
ROGO — the Rate of Growth Ordinance — is a competitive permit allocation system adopted in 1992 and codified in Monroe County's Land Development Code (LDC Chapter 138). Residential building permits are allocated annually through a point-scoring system. Points are awarded based on:
- Tier classification: Tier III (infill, developed urban land) earns the most points; Tier I (sensitive habitat) earns the fewest.
- Hurricane evacuation compliance: Projects that reduce clearance time score higher.
- Environmental sensitivity: Proximity to wetlands, mangroves, and habitat reduces points.
The annual cap has historically been 197 new market-rate residential units countywide. A new Market Rate Workforce Housing allocation category is being created under Chapter 2025-190 (Laws of Florida), adding approximately 657 allocations at roughly 40 per year starting 2026. ⚠️RECENT CHANGE (2025–2026): This structural amendment to ROGO is actively being processed; confirm current allocation status with Monroe County before underwriting a resort project. Full ROGO details are at the Monroe County ROGO/NROGO portal.
For resort and marina projects, ROGO applies to any new transient (hotel/motel) units as well as residential units. The NROGO (Non-Residential Rate of Growth Ordinance) governs commercial square footage allocations separately.
The HARC Process in Key West's Historic District
The City of Key West — which is a separate jurisdiction from unincorporated Monroe County — overlays ROGO requirements with its own Historic Architectural Review Commission (HARC). HARC reviews all exterior modifications, new construction, and demolitions in the Old Town historic district and other designated areas.
Key points for resort and marina developers:
- Certificate of Appropriateness: Any exterior work in a HARC-reviewed area requires a Certificate of Appropriateness before a building permit can be issued. HARC meets monthly; plan your timeline accordingly.
- Design standards: Historic character, massing, materials, and compatibility with surrounding structures are evaluated. Modern resort programming — pool decks, mechanical enclosures, marina service buildings — must be designed to fit the historic streetscape.
- Demolitions: Demolition of contributing structures is heavily scrutinized and often denied. Adaptive reuse is the preferred path.
For comparison, Miami Beach's Historic Preservation Board (HPB) applies a similar Certificate of Appropriateness process in its 14+ historic districts — another reference point for understanding how Florida's coastal cities layer historic review on top of standard zoning.
Coastal Construction Control Line (CCCL) Requirements
The Florida Department of Environmental Protection (DEP) administers the Coastal Construction Control Line — the seaward boundary beyond which construction is restricted to protect beaches and dunes. Key West marina projects and waterfront resort expansions frequently intersect the CCCL. A DEP CCCL permit is required for construction seaward of the line, separate from local building permits and ROGO allocations.
SFWMD Environmental Resource Permits are also required for marina projects affecting surface water — particularly dredge-and-fill activities or dock expansions — and these run parallel to local approvals.
Resort and marina development in Key West involves more regulatory bodies than any other South Florida jurisdiction. An experienced consultant who understands ROGO scoring, HARC procedures, and CCCL coordination can prevent costly delays. Contact us or schedule a discovery call today.
FAQ
Q: Does ROGO apply to hotel and resort projects in Key West?
A: Yes. The Monroe County ROGO system applies to transient (hotel/motel) unit allocations as well as residential units. New resort units must earn ROGO points through the competitive scoring system. The NROGO (Non-Residential Rate of Growth Ordinance) governs commercial square footage allocations separately. Confirm current allocation availability before committing to a development program.
Q: What is HARC, and do all Key West properties require its review?
A: HARC — the Historic Architectural Review Commission — reviews exterior changes, new construction, and demolitions in Key West's designated historic areas, including most of Old Town. Any project requiring a building permit that affects exterior appearance in a HARC area must first receive a Certificate of Appropriateness. Not all Key West parcels are in HARC-reviewed areas; confirm your property's historic overlay status at the pre-application stage.
Q: What is the Coastal Construction Control Line and does it affect marina projects?
A: The CCCL is a Florida DEP-administered boundary seaward of which construction is restricted to protect beaches and coastal systems. Marina expansions, waterfront resort construction, and dock projects frequently cross or approach the CCCL. A separate DEP permit is required for any work seaward of the line, independent of Monroe County or City of Key West approvals.
Q: How does Monroe County ROGO compare to other Florida counties?
A: Monroe County's ROGO is unique in Florida. No other county has a competitive annual allocation cap on residential development linked to hurricane evacuation scoring. By contrast, Broward and Palm Beach counties use standard concurrency management under Florida Statutes Chapter 163 without hard annual permit caps. Monroe's system reflects its Area of Critical State Concern status under § 380.0552.
Q: Is the Live Local Act available for Key West projects?
A: Partially. Florida Statute § 166.04151(5) exempts Monroe County from the municipality preemption provisions of the Live Local Act, meaning Monroe County's growth controls — including ROGO — take precedence over the Act's density and height override provisions. Developers should not assume Live Local Act benefits apply to Keys resort projects without a jurisdiction-specific legal review.