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Fayetteville, NC Environmental Rules: Coastal Development (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required before
Any development in SFHA
Pre-construction proof
FEMA elevation certificate, Form 81-31
Post-construction proof
As-built elevation certificate
Administrator
Inspection director or designee
Penalty
$50 fine or 30 days, per day
Small-structure exemption
Accessory <150 sq ft

Summary

No development activity can begin in a Fayetteville special flood hazard area without a floodplain development permit from the floodplain administrator. Applicants must submit plot and foundation plans, elevation data, and FEMA certifications before and after construction, and violations are prosecuted as misdemeanors with fines up to $50.00 or 30 days in jail.

A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas determined in accordance with article III, section 12-62, of this chapter. ... Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense.

Source: Fayetteville Code of Ordinances & Unified Development OrdinanceView official code

Full Breakdown

Sec. 12-63 requires a floodplain development permit before any development activity begins within a special flood hazard area identified under Sec. 12-62. Sec. 12-92 spells out what that takes: a scaled plot plan showing the SFHA and floodway boundaries, base flood elevation, proposed elevation of the reference level and utilities, and, where applicable, a floodproofing certificate (FEMA Form 81-65) with an operational plan; a foundation plan showing the elevation method and any flood-opening design; copies of all other required federal, state, and local permits (wetlands, endangered species, erosion control, riparian buffers, mining); and documentation for any recreational vehicle or temporary structure placement.

Certification does not end at permit issuance: an elevation certificate (FEMA Form 81-31) is due before construction starts, and a final as-built elevation certificate is due before a certificate of compliance or occupancy issues, with the floodplain administrator, the inspection director or a designee under Sec. 12-91, empowered to require corrections or withhold the permit or occupancy certificate over deficiencies. The administrator can also issue stop-work orders and revoke a permit for a substantial departure from approved plans, false statements, or noncompliance with state or local law, per Sec.

12-93. Certain small structures are exempt from certification, including recreational vehicles on site under 180 days, temporary structures with an approved removal plan, and accessory structures under 150 square feet meeting specific siting criteria. Sec. 12-65 makes the chapter's restrictions control over any conflicting, less-stringent easement, covenant, or deed restriction, and Sec. 12-67 disclaims city liability for flood damage even where a permit has been properly issued.

Violations & Fines

Sec. 12-68 makes any violation of the flood damage prevention chapter, including breach of a variance condition, a misdemeanor punishable by a fine of not more than $50.00 or imprisonment of not more than 30 days, or both, with each day of continued violation a separate offense. Separately, Sec. 12-93 lets the floodplain administrator issue a written stop-work order for construction proceeding in violation of the chapter, and violating that stop-work order is itself a misdemeanor. A permit can also be revoked outright for false statements made to secure it.

Frequently Asked Questions

Do I need a separate permit to build in a Fayetteville flood zone?
Yes. Sec. 12-63 requires a floodplain development permit before any development activity begins in a special flood hazard area, on top of any building permit, and Sec. 12-92 lists the plot plan, foundation plan, and elevation data the application must include.
What certifications does the city require during construction?
Sec. 12-92 requires an elevation certificate (FEMA Form 81-31) before construction starts and a final as-built certificate before occupancy is granted; non-residential floodproofing instead requires a professional engineer's or architect's certificate.
Can the city stop construction that violates the floodplain permit?
Yes. Sec. 12-93 lets the floodplain administrator issue a written stop-work order, and violating that order is itself a misdemeanor; the administrator can also revoke the permit for false statements or a substantial departure from approved plans.
Are small sheds or temporary structures exempt from the permit certifications?
Sec. 12-92 exempts recreational vehicles on site fewer than 180 days, temporary structures with an approved removal plan, and accessory structures under 150 square feet that meet the chapter's siting criteria from the certification requirement, though the permit process still applies.

Sources & Official References

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