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#2218525 - 07/26/19 03:30 PM Detached Structure Exemption
banker-12 Offline
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We have a ranch house on a 3,000 acre tract of land. On the property is a cabin and other barns/sheds that are located far away from the main ranch house. Only the cabin is in a flood area but it's abandoned and not being used either for residential or business purpose. It does have a value after depreciation of $10,000. Can we use the detached structure exemption on the cabin and not require flood insurance? or do we need insurance of at least $10,000?

Thank You.

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Flood Compliance
#2218529 - 07/26/19 04:00 PM Re: Detached Structure Exemption banker-12
banker-12 Offline
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Posts: 1,243
Also, the cabin does have a main room and a kitchen. We won't be able to use the detached structure exemption on the cabin since it is equipped to be used as a residence in the future, correct? But can use it on the barn/shed if not used for business/agricultural purposes?

Thank You.

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#2218531 - 07/26/19 04:06 PM Re: Detached Structure Exemption banker-12
Jim Schue Offline
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If the cabin contains sleeping, bathroom, or kitchen facilities I would say that it does not qualify for the detached structure exemption. When I hear cabin, I envision a potential residence. The condition of the building does not enter into the equation as far as I have seen.

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#2218533 - 07/26/19 04:11 PM Re: Detached Structure Exemption banker-12
Jim Schue Offline
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Originally Posted by banker-12
Also, the cabin does have a main room and a kitchen. We won't be able to use the detached structure exemption on the cabin since it is equipped to be used as a residence in the future, correct? But can use it on the barn/shed if not used for business/agricultural purposes?

Thank You.


What are the buildings being used for? Personal storage?

If only the cabin is in the flood zone and the main house/barns/sheds are not, can you request a split determination from your flood cert provider placing the cabin on its own cert? Just a thought.

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#2218536 - 07/26/19 04:14 PM Re: Detached Structure Exemption banker-12
Dan Persfull Offline
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Bloomington, IN
If only the cabin is in the flood zone and the main house/barns/sheds are not, can you request a split determination from your flood cert provider placing the cabin on its own cert?

What purpose would this serve?


But can use it on the barn/shed if not used for business/agricultural purposes?

Yes.

I may have to retract my yes answer. Since this a 3000 tract of land are the barns/sheds etc. actually located on "residential property"? If you can answer yes to that question the detached structure exemption would apply. If you can't answer yes then the exemption would not apply.
Last edited by Dan Persfull; 07/26/19 04:19 PM.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2218540 - 07/26/19 04:31 PM Re: Detached Structure Exemption banker-12
Jim Schue Offline
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Originally Posted by Dan Persfull
If only the cabin is in the flood zone and the main house/barns/sheds are not, can you request a split determination from your flood cert provider placing the cabin on its own cert?

What purpose would this serve?


But can use it on the barn/shed if not used for business/agricultural purposes?

Yes.

I may have to retract my yes answer. Since this a 3000 tract of land are the barns/sheds etc. actually located on "residential property"? If you can answer yes to that question the detached structure exemption would apply. If you can't answer yes then the exemption would not apply.


Your potential retraction explanation was my primary rationale for making that suggestion based on the unknown of what the buildings are actually being used for. If they do meet the criteria of a detached structure, then I agree that no purpose would be served.

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#2218541 - 07/26/19 04:42 PM Re: Detached Structure Exemption banker-12
Dan Persfull Offline
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Dan Persfull
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Posts: 47,529
Bloomington, IN
My question is what purpose would be served by having the cabin segregated into its own determination? Having exempt and non-exempt structures on the same determination has no bearing whether the structure is eligible for the exemption.

You can't really segregate the cabin from the determination unless you may be referring to segregating it out of the legal description so it could be excluded from the security. That would take the services of an attorney.

The determination is based on the legal description of the property as a whole, not the individual buildings. The determination may state that building A is in the SFHA but Building B is not but the determination is still based on the property's legal description.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2218542 - 07/26/19 04:45 PM Re: Detached Structure Exemption banker-12
banker-12 Offline
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Joined: May 2007
Posts: 1,243
JS1 - The flood determination states under the comment section that only the cabin and the barn fall within zone A.

Dan - Do you mean if the entire acreage is residential property? Or if the barn is situated near the main house? How do I determine that? I know that that there are no commercial structures on the property, only the barns/sheds/cabins.

Thanks,

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#2218543 - 07/26/19 04:56 PM Re: Detached Structure Exemption banker-12
Jim Schue Offline
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Joined: Jan 2017
Posts: 21
That clarifies things for me. I had understood from the OP that only the cabin was in the SFHA and you were attempting to use the detached structure exemption to avoid mandatory purchase on a barn that was not in the SFHA. I should have known that didn't make sense, or you would have been more focused on the residence!

Let's all just pretend I wasn't here, and I'll go back to being a reader. grin
Last edited by JS1; 07/26/19 05:04 PM.
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#2218545 - 07/26/19 05:05 PM Re: Detached Structure Exemption banker-12
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,529
Bloomington, IN
What is the 3000 acres used for? Is the acreage the barns/sheds are located on used for pasture, hunting, etc.?

My point is a 3000 acre residential property would be a bit out of the norm so I would want to see the property's use documented.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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