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Bessemer, AL Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Residential freeboard
2 feet above BFE
Nonresidential floodproofing floor
1 foot above BFE
No-BFE zone minimum
3 feet above highest adjacent grade
Fill setback
25 feet from floodplain boundary
Certifying professional
Alabama-licensed engineer or architect

Summary

Bessemer requires new and substantially improved homes in a mapped special flood hazard area to sit at least two feet above the base flood elevation under Code of Ordinances § 58-62(1). Nonresidential buildings can dry floodproof to one foot above that same elevation instead of elevating.

(1)Residential structures. Where BFE data is available, new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation (also referred to as the design flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of division 4, section 58-62(3).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Republication).

Full Breakdown

Section 58-62 sets the technical elevation standards inside zones A, AE, and AH. For residential structures, including manufactured homes, subsection (1) requires the lowest floor, basement included, to sit no lower than two feet above the base flood elevation (BFE) wherever BFE data exists, a two-foot freeboard above the FEMA minimum. If a builder uses solid perimeter foundation walls instead of an open foundation, subsection (3) requires flood openings sized at one square inch of net opening per square foot of enclosed area, in at least two exterior walls, with the lowest opening no more than one foot above grade.

Nonresidential structures get a floodproofing option under subsection (2): the building and its utilities must be watertight to at least one foot above the BFE, with a professional engineer or architect licensed in Alabama certifying the design against ASCE-24 standards, and an inspection and maintenance plan filed before a certificate of occupancy issues. Where no BFE data exists in an approximate A-zone, section 58-64 pushes the elevation further, requiring the lowest floor at least three feet above the highest adjacent grade, or five feet where a two-foot freeboard would otherwise apply.

Structures elevated on fill must also keep the lowest floor at least one foot above BFE and set the nearest wall foundation back at least 25 feet from the floodplain boundary under section 58-62(11).

Violations & Fines

Building below the required freeboard elevation without a variance is a misdemeanor under section 58-38, subject to a stop-work order, a notice of violation, and a fine up to $500.00 with up to 180 days in jail, each day of continued noncompliance counted separately. A variance from the Zoning Board of Adjustment under section 58-73 is the only lawful way to build below the required elevation.

Frequently Asked Questions

How high above the flood line must I build in Bessemer?
Section 58-62(1) requires the lowest floor of a new or substantially improved residential structure, basement included, to sit at least two feet above the base flood elevation whenever FEMA has published BFE data for that site. This two-foot freeboard applies on top of the federal minimum, not instead of it.
Can a commercial building be floodproofed instead of elevated?
Yes, under section 58-62(2). A nonresidential structure may be dry floodproofed to at least one foot above the base flood elevation instead of raised, but a professional engineer or architect licensed in Alabama must certify the design meets ASCE-24 standards, and the owner must file an inspection and maintenance plan before occupancy.
What if there's no official base flood elevation for my lot?
Section 58-64 covers approximate A-zones without BFE data. The lowest floor must sit at least three feet above the highest adjacent grade, rising to five feet where the standard two-foot freeboard would otherwise apply, until the floodplain administrator obtains better elevation data from a federal or state source.
Can I get a variance to build below the required elevation?
Only through the Zoning Board of Adjustment under section 58-73, and only on a finding of good cause, exceptional hardship that isn't personal or financial, and no resulting increase in flood heights or public safety risk. Variances are never issued after the fact or for entire subdivisions.

Sources & Official References

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