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Cass County, ND Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Residential requirement
2 feet above base flood elevation
Nonresidential option
1 ft above BFE, or floodproof
Applies to
Mapped special flood hazard areas
Certification
Registered engineer or architect required
Adopted
April 20, 2026 (Ord. #2025-01)

Summary

New construction and substantial improvements to residential buildings in Cass County's mapped flood hazard areas must elevate the lowest floor at least two feet above the base flood elevation.

City-specific rules exist: Fargo has its own flood elevation requirements rules that differ from Cass County's county-level regulations. If you live in Fargo, check the city-specific page instead.

New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to at least two feet above the base flood elevation.

Full Breakdown

Base flood elevation (BFE) is the height of the flood with a 1% annual chance of occurring, measured in the same datum as the county's Flood Insurance Rate Map. Under Ordinance #2025-01, new or substantially improved homes must set their lowest floor, including any basement, at least two feet above that elevation. Nonresidential buildings get more flexibility: they can elevate one foot above BFE, or be dry-floodproofed to two feet above BFE, but only with certification from a registered engineer or architect.

Violations & Fines

Same misdemeanor exposure as the rest of the floodplain ordinance: up to a $500 fine, 30 days in jail, or both, with each day of noncompliance a separate offense.

Frequently Asked Questions

What counts as the base flood elevation?
The height of the flood having a 1% chance of being equaled or exceeded in any given year, measured in the same datum (NAVD88 or NGVD29) as the county's Flood Insurance Rate Map.
Can a business floodproof instead of elevating?
Yes. Nonresidential structures may be dry-floodproofed to two feet above BFE instead of physically elevated, but a registered engineer or architect must certify it meets the standard.

Sources & Official References

Other rules in Cass County

All Cass County rules

Compare Cass County to another location·View the North Dakota environmental rules overview

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Flood Elevation Requirements in Cities Across Cass County