"Due diligence" means different things to different professionals. For a lender, it means title and appraisal. For a zoning consultant, it means a systematic review of the regulatory constraints that determines whether your intended use, density, or development plan is actually feasible.
This checklist covers 15 items that any buyer, investor, developer, or 1031 exchange acquirer should verify before committing capital to a South Florida acquisition. Each item reflects a real failure mode — a situation where a missing check has derailed a closing, triggered post-acquisition costs, or materially changed a project's economics.
This is not a substitute for a full due diligence engagement. It is a starting framework.
The 15-Item Zoning Due Diligence Checklist
Item 1 — Confirm Jurisdiction: Which Code Governs This Parcel?
What to check: Is the parcel in an incorporated city, or in the unincorporated county? Which code applies — Miami 21, Miami-Dade Chapter 33, a Broward municipal code, the Palm Beach County ULDC, the Monroe County LDC?
Why it matters: The same street address in two different jurisdictions can have completely different zoning districts, use lists, approval processes, and density allowances. Confirming jurisdiction is step one of any analysis. In Miami-Dade, for example, a parcel on the border of the City of Miami and unincorporated Miami-Dade may look identical from the street but face entirely different regulatory frameworks.
Item 2 — Identify the Zoning District and Applicable Use List
What to check: The current zoning designation (Transect zone under Miami 21; AU/BU/RU/IU district under Chapter 33; or equivalent municipal designation). What uses are permitted by right? What uses require a conditional use permit or special exception?
Why it matters: Your intended use must be permitted under the zoning designation. If it requires a special exception or conditional use permit, factor in the approval process — public hearing, board review, timeline — as a project risk. If the use is not permitted at all, a rezoning is required, which is a separate entitlement process with its own timeline and political risk.
Item 3 — Compare the Future Land Use Map (FLUM) Designation
What to check: Pull the CDMP Future Land Use Map (for Miami-Dade parcels) or the equivalent comprehensive plan FLUM for the applicable jurisdiction. Does the FLUM designation support your intended use and density?
Why it matters: The FLUM controls maximum density and intensity independently of zoning. A property may be zoned for multifamily residential but carry a FLUM designation of Low-Density Residential — creating an inconsistency that blocks development above a certain intensity. Resolving a FLUM inconsistency requires a comprehensive plan amendment, which adds months to a project timeline and is not guaranteed to succeed.
Item 4 — Verify Setbacks, Height Limits, and Lot Coverage Standards
What to check: Front, rear, side, and street-side setbacks; maximum building height; maximum lot coverage (footprint); minimum open space or pervious surface requirements for the zoning district.
Why it matters: Setbacks determine the buildable area on the lot. A parcel that appears large enough for your program may have a constrained net buildable envelope once setbacks are applied. Height limits directly cap what can be built. Verify these standards against your preliminary site program before investing in architectural fees.
Item 5 — Check for Open Permits and Expired Permits
What to check: Search the applicable building department portal for any open, expired, or uninspected permits on the property. In Miami-Dade, check with RER and the relevant municipal building department. Use the permit search resources for portal links.
Why it matters: Open permits block issuance of new permits in many jurisdictions and create title issues. The seller may not be aware of them. A permit opened in 1987 and never finaled is a title defect that will surface at closing.
Item 6 — Search for Recorded Code Violations and Liens
What to check: Request a code compliance search from Miami-Dade RER or the applicable municipal code compliance division. Search the county clerk's public records for any recorded code violation liens.
Why it matters: Code violation liens attach to the property, not the owner. They transfer with the deed. A $500 fine that ran unchecked through Special Magistrate proceedings for two years may have grown to a five-figure lien. Title insurance typically requires lien clearance before closing.
Item 7 — Verify FEMA Flood Zone Designation
What to check: Use the FEMA Flood Map Service Center to identify the property's flood zone designation (V-zone, AE, A, X). For Miami-Dade, also check the county flood zone portal. Note the Base Flood Elevation (BFE) if in an AE or V-zone.
Why it matters: V-zone designation (coastal high-hazard area with wave action) imposes piling construction requirements, no-fill restrictions, and breakaway wall requirements — significantly increasing construction costs. An AE zone requires elevation above BFE. Flood zone affects insurance costs, construction standards, and — particularly in Monroe County — ROGO point scores. For Broward County, use the updated July 31, 2024 FEMA FIRMs.
Item 8 — Check for Wetlands, Tree Protection, and Environmental Overlays
What to check: Identify any wetland areas on or adjacent to the parcel using SFWMD Environmental Resource Permit documentation and SFWMD GIS mapping. Check for protected trees (Miami-Dade Tree Ordinance, Chapter 24) and any environmental overlay districts.
Why it matters: Wetlands on a parcel can constrain net developable area and require SFWMD ERP permitting before construction. Tree removal in Miami-Dade requires a Tree Removal Permit from RER and may require mitigation (replacement trees or payments into the tree canopy fund). Environmental overlays in Broward and Palm Beach counties can similarly restrict development intensity.
Item 9 — Confirm Urban Development Boundary (UDB) Status (Miami-Dade)
What to check: For Miami-Dade properties, confirm whether the parcel is inside or outside the Urban Development Boundary.
Why it matters: Properties west of the UDB cannot be developed for urban uses without a CDMP amendment requiring a two-thirds supermajority vote of the BCC. Sellers sometimes market UDB-adjacent land based on speculative expansion potential — confirm this independently. Note the pending HB 399/SB 208 legislation that could change the supermajority requirement; do not assume any particular outcome until the legislative session concludes.
Item 10 — Review Radius Restrictions and Separation Requirements
What to check: Does the intended use carry minimum separation requirements from other uses? Common examples include liquor establishments (state distance rules from schools and churches), medical marijuana dispensaries, group homes, and short-term rental zones.
Why it matters: A use that appears permitted under zoning may still be blocked by separation distance rules found in supplemental regulations — not the primary use table. These are a separate check from confirming a use is listed as permitted.
Item 11 — Check ROGO Allocation Status (Monroe County Only)
What to check: For Monroe County parcels, confirm the Tier designation (I, II, III, or III-A) and whether the parcel has an existing ROGO allocation or a ROGO exemption. Confirm whether any prior development rights have been transferred or severed.
Why it matters: A vacant Monroe County parcel without a ROGO allocation does not have an automatic right to a new residential building permit. The competitive ROGO scoring system means a new allocation may take multiple annual cycles to obtain. A parcel with an existing exemption is worth more than an allocation-less parcel because the permit path is clearer.
Item 12 — Confirm State Road Frontage Access Requirements
What to check: If the parcel fronts a Florida state road (US-1, SR-7, SR-84, or other state highway), confirm FDOT access management requirements under Rules 14-96 and 14-97.
Why it matters: FDOT access management standards control where curb cuts, driveways, and median openings are permitted. A site with state road frontage and no other access option may face access restrictions that constrain the site plan or require a connection permit from FDOT. Connection permit processing adds time and cost to the development schedule.
Item 13 — Review the Broward Trafficways Plan (Broward County Only)
What to check: For Broward County parcels, check whether the property falls within a mapped trafficway corridor in the Broward County Land Development Code.
Why it matters: A trafficway reservation requires setbacks from or dedication of the reserved right-of-way regardless of local zoning. This directly reduces the net buildable area. Trafficway reservations are not always visible in municipal zoning maps — they are a county overlay that requires a separate check.
Item 14 — Assess Live Local Act Eligibility
What to check: Is the parcel zoned commercial, industrial, or mixed use? Could a qualifying project under the Live Local Act (§ 166.04151) achieve greater density or height than the base zoning allows?
Why it matters: For residential or mixed-use projects, the Live Local Act may unlock density and height above base zoning administratively — without a public hearing or rezoning. This can transform site economics. Monroe County is explicitly exempted; provisions continue to evolve under SB 328 and the 2025 SB 1730 amendments.
Item 15 — Confirm Non-Conforming Use or Structure Status
What to check: Is any existing use or structure non-conforming under current zoning — legally established under prior rules but no longer compliant? Confirm whether the use can continue, be expanded, or be rebuilt after damage.
Why it matters: Non-conforming rights are not unlimited. Substantial improvement thresholds, abandonment provisions, and rebuilding-after-damage rules can extinguish them unexpectedly. If you are buying a property because of an existing non-conforming use, verify those rights are legally intact before closing.
A Note on 1031 Exchange Timelines
1031 exchange buyers face a 45-day identification window and a 180-day closing deadline. These timelines compress due diligence. Focus the identification window on items 1–7 (jurisdiction, zoning, FLUM, setbacks, permits, violations, flood zone) as a minimum threshold for informed identification.
FAQ
Q: What is a FLUM inconsistency and how does it get resolved?
A: A FLUM inconsistency exists when the Future Land Use Map designation allows less intensity than the current zoning — or vice versa. The lower of the two controls development rights. Resolving an inconsistency where the FLUM is the constraining factor requires a CDMP amendment (for Miami-Dade) or a comprehensive plan amendment in the applicable jurisdiction. CDMP amendments are processed on tri-annual cycles (January, May, October). Resolution typically takes 12–18 months from application to final adoption.
Q: Can I get due diligence information from the county myself?
A: Much of it, yes. Miami-Dade's zoning and building permit portals are publicly accessible. FEMA FIRM data is public at the Flood Map Service Center. CDMP FLUM maps are on the CDMP page. But interpreting what you find — particularly FLUM vs. zoning conflicts, non-conforming use status, UDB proximity implications, and ROGO allocation analysis — requires code-specific knowledge. The research is accessible; the analysis is where professional judgment matters.
Q: What items on this checklist most often cause surprise after closing?
A: Open permits and recorded code violation liens top the list — they are easy to miss if not specifically searched and routinely surface at closings. Non-conforming use status is a close second: buyers discover post-closing that the existing use cannot be expanded or rebuilt as-of-right after damage. Trafficway reservations in Broward and FLUM inconsistencies in Miami-Dade also produce post-closing surprises for buyers who relied only on the listing broker's zoning description.
Q: Does this checklist apply to all four South Florida counties?
A: The core checklist applies to all four counties, with county-specific items called out (Item 9 for Miami-Dade UDB, Item 11 for Monroe ROGO, Item 13 for Broward trafficways). Items 1–8 and 12–15 are universally applicable across Miami-Dade, Broward, Palm Beach, and Monroe. The specific sources and portals differ by jurisdiction — our zoning and land use maps resource aggregates the official map links for every South Florida municipality.