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

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

Key Facts

Freeboard requirement
Base flood elevation plus one foot (§46-5)
Basements
Prohibited in all floodplain zones (§46-21)
Certification required
Registered engineer or surveyor elevation certificate (§46-7D)
V Zone standard
Pilings or columns, no slab foundations (§46-26)
Small accessory exemption
Up to 300 sq ft by right (§46-37)
Larger accessory permit
300-600 sq ft needs conditioned permit (§46-10)
Variance authority
Calvert County Board of Appeals (§46-40)

Summary

Every new or substantially improved building in a Calvert County floodplain must have its lowest floor raised to the flood protection elevation, defined as the base flood elevation plus one foot of freeboard. Basements are banned outright, and even footprint expansions that fall short of a substantial improvement must still meet the same elevation standard before the county will sign off.

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

FLOOD PROTECTION ELEVATION (FPE) The elevation of the base flood plus one foot freeboard. ... All new or substantially improved residential and nonresidential structures shall have the lowest floor elevated to or above the flood protection elevation. Basements are not permitted. In nontidal and tidal floodplains, horizontal expansions which increase the footprint and that are less than substantial shall also have the lowest floor of the expansion elevated to or above the flood protection elevation.

Full Breakdown

Chapter 46 defines the Flood Protection Elevation as the base flood elevation, the one-hundred-year flood level shown on FEMA's Flood Insurance Study, plus one foot of freeboard added for safety against calculation error, wave action and settlement (§ 46-5). Section 46-21 then makes that elevation the mandatory floor: every new or substantially improved residential and nonresidential structure in a nontidal or tidal floodplain must have its lowest floor, including any horizontal footprint expansion that is less than a substantial improvement, built at or above the flood protection elevation, and basements are not permitted anywhere in the floodplain.

A registered surveyor or professional engineer must certify the as-built lowest floor elevation on a FEMA elevation certificate before the county will issue a certificate of occupancy, and work done before that certification is at the applicant's own risk (§ 46-7D). In the coastal high-hazard V Zone the standard is stricter still: structures must sit on pilings or columns with the lowest horizontal structural member at or above the flood protection elevation, slab foundations are prohibited, and any enclosed space below that elevation may only be used for parking, storage or building access under a signed nonconversion agreement (§§ 46-26, 46-33).

Accessory structures and attached or detached garages get narrow, size-based exemptions from full elevation, up to 300 square feet by right and up to 600 square feet with a conditioned permit, but anything larger must meet the same flood protection elevation or obtain a variance from the Board of Appeals (§§ 46-10, 46-37, 46-40).

Violations & Fines

Building below the required flood protection elevation, or finishing a basement in the floodplain, violates Chapter 46 and is subject to a written notice, a possible stop-work order carrying a $500-per-day fine, and a follow-up citation capped at $10,000 in total civil penalties for related violations (§ 46-12). The Federal Insurance Administrator is notified of any fined violation, and a noncompliant structure can be denied new or renewed National Flood Insurance coverage (§ 46-12F).

Frequently Asked Questions

How high must I build above the flood in Calvert County?
Section 46-21 requires the lowest floor of any new or substantially improved structure in the floodplain to sit at or above the flood protection elevation, which Section 46-5 defines as the base flood elevation plus one foot of freeboard. Even additions that expand a building's footprint without counting as a substantial improvement must meet that same elevated floor.
Can I build a basement on floodplain property in Calvert County?
No. Section 46-21 states plainly that basements are not permitted on new or substantially improved structures anywhere in a designated floodplain zone, whether nontidal, tidal or coastal high-hazard, because a below-grade space defeats the purpose of elevating the lowest floor above the flood protection elevation.
Are sheds and garages exempt from the elevation rule?
Only up to a point. Detached accessory structures and garages under 300 square feet used solely for parking or storage can stay below the flood protection elevation if vented and unfinished, and structures between 300 and 600 square feet need a conditioned permit under Section 46-10; anything larger must be elevated or get a variance.

Sources & Official References

Other rules in Calvert County

All Calvert County rules

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