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Allegany County, MD Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
Base flood elevation plus 1 foot (§ 325-2)
Elevation rule
Lowest floor at or above flood protection elevation
Zone AO alternative
Highest adjacent grade plus depth number plus 2 ft
Basements
Below-grade basements prohibited (§ 325-5D(1)(d))
Penalty
$500 fine per day, misdemeanor (§ 325-8C)

Summary

Unincorporated Allegany County requires new and substantially improved buildings in flood hazard areas to have their lowest floor at or above the flood protection elevation, defined in County Code § 325-2 as the base flood elevation plus one foot of freeboard. Section 325-5D(1)(a) makes that elevation mandatory for residential structures.

These county ordinances apply to unincorporated areas of Allegany County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

FLOOD PROTECTION ELEVATION The base flood elevation plus one foot of freeboard. Freeboard is a factor of safety that compensates for uncertainty in factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, climate change, and the hydrologic effect of urbanization in a watershed. ... Lowest floors shall be elevated to or above the flood protection elevation.

Full Breakdown

Allegany County's floodplain ordinance defines "flood protection elevation" in § 325-2 as "the base flood elevation plus one foot of freeboard," explaining that freeboard is a safety margin covering wave action, obstructed bridge openings, debris and ice jams, climate change, and the effect of urbanization on runoff. That one-foot freeboard is stricter than the bare FEMA minimum, which only requires construction at the base flood elevation itself. Section 325-5D(1)(a) turns the definition into a hard rule for residential structures and residential portions of mixed-use buildings: "Lowest floors shall be elevated to or above the flood protection elevation." In Zone AO areas of shallow flooding, § 325-5D(1)(b) sets an alternative standard, requiring the lowest floor to sit at least as high above the highest adjacent grade as the depth number shown on the FIRM plus two feet, or at least four feet if no depth number is listed.

Basements that are below grade on all sides are flatly prohibited under § 325-5D(1)(d), and any enclosure below the lowest floor has to meet the separate requirements in § 325-5D(3). Applicants have to back up their elevation with paperwork: § 325-3E(1)(i) requires a signed agreement to submit an elevation certificate with the permit application, and § 325-3H requires that certificate, prepared by a licensed engineer or surveyor, to actually be submitted before the final inspection and before the county will issue a certificate of occupancy.

Building below the required flood protection elevation without approved floodproofing is treated as a violation of Chapter 325, enforced under § 325-8 with a $500-per-day misdemeanor fine.

Violations & Fines

Elevating a new or substantially improved structure below the flood protection elevation required by § 325-5D(1)(a), or occupying it before the elevation certificate is submitted under § 325-3H, is a violation of Chapter 325. Allegany County can issue a stop-work order under § 325-8B, and failure to correct the violation is a misdemeanor carrying a $500 fine per day under § 325-8C.

Frequently Asked Questions

How much freeboard does Allegany County require above the base flood elevation?
One foot. County Code § 325-2 defines the "flood protection elevation" as the base flood elevation plus one foot of freeboard, and § 325-5D(1)(a) requires the lowest floor of new and substantially improved residential structures to sit at or above that flood protection elevation, not just the bare base flood elevation.
Can I build a basement in a flood hazard area in Allegany County?
Not a basement that is below grade on all sides. Section 325-5D(1)(d) of the Code of Allegany County prohibits below-grade basements in flood hazard areas outright, and any enclosure below the required lowest floor elevation has to meet the separate design standards in § 325-5D(3) instead.
What paperwork proves my building meets the elevation requirement?
An elevation certificate. Section 325-3E(1)(i) requires applicants to sign an agreement to submit one with the permit, and § 325-3H requires the completed certificate, prepared by a licensed engineer or surveyor, before the final inspection and before Allegany County issues the certificate of occupancy.

Sources & Official References

Other rules in Allegany County

All Allegany County rules

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