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

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

Key Facts

Freeboard
1 foot above base flood elevation
Nonresidential alternative
Dry floodproofing, engineer-certified
Enclosure openings
1 sq in per sq ft, lowest 1 ft above grade
Certification
Registered engineer or architect required
Manufactured home piers
At least 36 inches above grade

Summary

New construction and substantial improvements in a Birmingham flood hazard area must have the lowest floor, including any basement, elevated at least one foot above the base flood elevation, or be dry-floodproofed to that height for nonresidential buildings, under the zoning ordinance's floodplain standards. A registered engineer or architect must certify that floodproofed buildings meet the standard.

(1)Residential construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. ... (2)Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the required elevation the structure is watertight with walls substantially impermeable to the passage of water and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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: Supplement 3).

Full Breakdown

b of the zoning ordinance sets the specific elevation standards that apply once base flood elevation data exists for a site. For residential construction, the rule leaves no discretion: new construction or substantial improvement of any residential structure, or manufactured home, must have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. That one-foot cushion above the FEMA base flood elevation is the city's freeboard requirement. Nonresidential buildings get an alternative compliance path: the lowest floor can be elevated the same one foot, or the building can be floodproofed so that below the required elevation the structure is watertight with walls substantially impermeable to the passage of water and structural components capable of resisting hydrostatic and hydrodynamic loads, with a registered professional engineer or architect certifying that the floodproofing meets the standard.

Elevated buildings that enclose space below the required floor for parking or storage must include at least two openings totaling one square inch of net area per square foot of enclosed space, with the lowest opening no higher than one foot above grade, so floodwater can flow through automatically. Manufactured homes in an existing park face the same one-foot lowest-floor elevation requirement, plus a chassis support standard of piers at least 36 inches above grade. The applicant must submit the proposed lowest-floor elevation with the permit application and, after the floor is framed, certify the as-built elevation to the Department of Planning, Engineering and Permits before further work can proceed.

Violations & Fines

Building below the required one-foot freeboard, or finishing enclosed space below the base flood elevation as living area, violates Section 10's flood hazard reduction standards and is a misdemeanor, punishable by a fine of up to $500, up to 180 days in jail, or both, with each day of noncompliance a separate offense. Uncorrected elevation deficiencies found during the as-built survey stop further work under a stop-work order.

Frequently Asked Questions

How high above flood level must a new house be built in Birmingham?
The lowest floor, including any basement, must sit at least one foot above the base flood elevation established by FEMA for the site, under Section 10's specific standards for residential construction. This one-foot freeboard applies to both new construction and substantial improvements to existing residential structures or manufactured homes.
Can a commercial building in a flood zone skip the elevation requirement?
Only by floodproofing instead. Nonresidential buildings can either raise the lowest floor one foot above base flood elevation, like residential structures, or be built watertight below that elevation with walls and structural components able to resist hydrostatic and hydrodynamic flood loads. Either path requires certification from a registered professional engineer or architect submitted to the city.
What if my elevated building has a garage or storage space below the flood line?
It must be designed so the enclosed area can't be finished as living space and so floodwaters equalize automatically: at least two openings totaling one square inch of net area per square foot of enclosed space, with the lowest opening no more than one foot above grade. Electrical and plumbing connections are prohibited below the base flood elevation in that space.

Sources & Official References

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