Marathon Calls for Review of 10 Years of Building Rights Decisions
Marathon City Council directed staff on October 27 to pursue an independent review of a decade of transferable building rights decisions.
By Kate Baldwin · · 4 min read
Marathon wants a closer look at how it has handled building rights over the past decade. At a special meeting on October 27, the City Council debated for more than two hours and then directed staff to pursue an independent, third-party review of the city's transferable building rights decisions going back 10 years.
It's a story about permits and paperwork on the surface. Underneath, it's about how long it takes to build in Marathon, and whether the city can win back some of the permitting independence it lost in 2022.
Marathon
What the Council Decided
According to Keys Weekly's October 29 report, the council directed staff to pursue a third-party review of Marathon's transfers and determinations of transferable building rights (TBRs) over the past 10 years.
The idea started bigger. Councilwoman Robyn Still supported a citywide audit, and Vice Mayor Debbie Struyf first proposed a 10-year review covering building, planning and code enforcement. Mayor Lynny Del Gaizo questioned the cost of the broader version, and the council settled on building rights.
The practical details, as reported:
- Cost: City Manager Steve Williams cited a $50,000 estimate, based on a limited 2023 audit of Key West's building and planning departments. The review is not funded in Marathon's recently adopted budget.
- Who: Williams plans to use the Corradino Group, which already has a continuing services contract with the city. Anything above his $35,000 spending authority has to come back to the council.
- When: Williams said he hoped to provide an update by December.
To be clear about where this stands: the council directed staff to pursue a review. The review has not been done, and no wrongdoing has been established.
Background
How Marathon Got Here
For 17 years, a memorandum of understanding with the state let Marathon issue many smaller permits without state review. In February 2022, the Florida Department of Economic Opportunity (now FloridaCommerce) revoked it, in a dispute that grew out of the Boat Works development at the end of 39th Street.
A replacement agreement signed in May 2022 restored some autonomy, but more of Marathon's decisions now require state review. The Boat Works lawsuits settled in 2024. The more restrictive arrangement remains.
That extra layer of review has a cost in time. Andrew George, CEO of Design Center, told the council that state review "basically gives us almost three months for every revision." Daniel Samess, CEO of the Greater Marathon Chamber of Commerce, urged an independent compliance audit on behalf of the chamber's board after contractors reported permitting delays.
(The state review) basically gives us almost three months for every revision.
The Open Question
Will It Help With the State?
That's the part nobody can answer yet. Vice Mayor Struyf said the city had not received confirmation from Tallahassee that an audit would help restore its former permitting authority. City Manager Williams warned that findings could also bring more state scrutiny and longer delays.
Public comment at the meeting raised questions about consistency and oversight in past permitting decisions. Those are questions a review is meant to examine; they are not findings, and I'm not going to treat them as such.
What It Means
Why This Matters Locally
For builders and owners with projects in Marathon: Approval timelines are part of the cost of any project. If a revision can add months, that affects carrying costs, contractor schedules and, for some owners, financing.
For buyers looking at Marathon land or redevelopment: Ask not just whether a property has building rights, but what approvals a project will need and how long state review is currently taking. A clear history on a property's rights is worth a lot.
Why the scrutiny: Keys Weekly notes that building rights have at times been worth more than $200,000 when sold off an owner's property. When a permit right carries that kind of value, how it's handled gets a lot of attention.
For the wider Keys: Building rights are scarce everywhere in the Keys. Monroe County is reworking its own allocation plan right now; read what's in the revised plan for 657 building rights.
For more on Marathon's housing conversation, read Key West and Marathon Take On Housing or explore Marathon.
Part of The Local Edit | Florida Keys Real Estate This Week
FAQ
Is Marathon auditing its building rights?
On October 27, 2026, the Marathon City Council directed staff to pursue a third-party review of the city's transferable building rights transfers and determinations over the past 10 years. The review has not been completed, and the city manager hoped to provide an update by December.
Why does the state review Marathon's permits?
In February 2022, the state revoked a 17-year agreement that allowed Marathon to issue many smaller permits without state review. A replacement agreement signed in May 2022 restored some autonomy, but more decisions still require state review.
Sources
Questions about building in the Keys?
Call or text 305.240.7828, or ask me anything.
General information only, not legal, tax, insurance or financial advice. Confirm development rights and permitting with the City of Marathon and a qualified land-use professional.
