Ever heard of a "Letter stating Vested Concurrency?" (Palm Beach County, FLORIDA)

4 Replies

QUESTION: Has anyone ever heard of a "Letter stating Vested Concurrency" as it relates to a county Planning, Zoning, & Building Department?

SITUATION: I am in negotiation with the seller of a vacant lot of land. The lot was subdivided at some point from an adjacent piece of property. The lot I am interested in is "landlocked" and has no proper 'frontage' to a county maintained road/ingress/egress.

The Warranty Deed on file with the county does indicate an easement of 15' width to/from the county road, but the county requires a 20' width easement to be considered legal access, therefore the person I spoke with at the county zoning division/land development division believed that the lot was an 'illegal subdivision' and therefore was un-permittable for future build.

The owner, who is a zoning consultant by profession, seemed surprised that I was told this by the county zoning person and mentioned via the listing agent that he had a letter stating "Vested Concurrency" such that the property is permitable/build-able, but the the only copy of this letter is on file with the listing agent at his office and the listing agent is conveniently out of town until Thursday...

There is more back story, but the above is most relevant. I am not yet in contract on this property and no money has been exchanged, but I am seeing serious red flags…I am considering adding a contract contingency of results of County Review for Buildable Lot to ensure I can build on the land if do go to contract.  I've just never heard of "Vested Concurrency" and the google results to the County Ordinances pages is like reading a foreign language...

Thanks in advance to anyone willing to chime in… 

@Wayne Brooks

@Claire Etienne

@Joe Fairless 

Hey Jeff,

Found this, not if sure it helps


In 1985, the Florida Legislature adopted the "Growth Management Act, " to provide a framework for local governments to use as they developed their long-range comprehensive plans. One of the major provisions of this act required local governments to insure that the public facilities and services that are necessary to support development, be available "concurrent" with the impacts of development. This means that all new development must be located where existing services area available or where there are plans and funds to provide these services

Not sure about your @?

@Wayne Brooks  

 @Bill Gulley  

I don't know that particular term.  I'm familiar with Concurrency in the context @Michael Lemieux  mentioned, regarding new developments and the required infrastructure.  I'd agree with an additional contract contingency.

We have similar development restrictions in Mo. Usually means the developer pays to take utilities from the nearest point feasible to the new development. If services are not available less than 12 SFD may use septic systems, over that a sewer system must be put in place or a community system that meets guidelines, $$$,$$$.$$! Small units run about 15K per unit, cheaper as the development increases to share expenses.

Check on bonds, grants, low interest loans for infrastructure, your state economic development office is a good source for info as well as your local P&Z office.  

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