Carver County, MN Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard, general structures
- 1 foot above regional flood
- Freeboard, critical facilities
- 2 feet above regional flood
- Fill extent past structure
- at least 15 feet
- Residential basements below RFPE
- not allowed
- Violation classification
- misdemeanor, § 152.999
- Applies to
- unincorporated floodplain districts
Summary
In the Flood Fringe District, Carver County requires the lowest floor of every structure, including accessory structures, to sit at or above the Regulatory Flood Protection Elevation, which is set at least one foot above the regional (base) flood elevation. Fill supporting a structure must extend at least 15 feet beyond the structure at that elevation.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on a floodplain that results from the designation of a floodway. It is this elevation which is regulated by this chapter and required to be elevated or flood proofed. ... All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at that elevation at least 15 feet beyond the outside limits of the structure erected thereon.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).
Full Breakdown
010 defines the Regulatory Flood Protection Elevation (RFPE) as an elevation not less than one foot above the elevation of the regional flood, plus any increase caused by floodway encroachments; the regional flood is defined as synonymous with the base flood used in the Flood Insurance Study. 148(B)(1): all structures, including accessory structures, must be elevated on fill so the lowest floor is at or above the RFPE, the finished fill elevation may be no lower than one foot below the RFPE, and the fill must extend at that elevation at least 15 feet beyond the outside limits of the structure.
Elevations must be certified by a registered professional engineer, land surveyor, or other qualified person designated by the county. 148(B)(2) allows accessory structures under 576 square feet used only for parking or storage to be designed to flood, with a minimum of two flood-vent openings on at least two sides, each opening no higher than one foot above grade and totaling at least one square inch of net opening area per square foot of enclosed area subject to flooding. 148(C)(1) bars residential basements below the RFPE outright and allows nonresidential basements below it only as a conditional use with dry floodproofing.
146(E) sets a higher standard for critical facilities anywhere in a floodplain district: their lowest floor must sit at least two feet above the regional flood elevation or the 500-year flood elevation, whichever is higher. 146(B).
Violations & Fines
Violations of Chapter 152's floodplain standards are misdemeanors under § 152.999(B), punishable as defined by state law, with each day of a continuing violation charged as a separate offense. Under § 152.999(C) the county may issue stop-work orders, notices of violation, and orders for corrective measures; pursue after-the-fact permits, fines, or injunctive relief; recover corrective-action costs in civil court or as a special property tax; and, for property in the Floodplain Overlay District, ask the National Flood Insurance Program to deny flood insurance to the violator.
Frequently Asked Questions
How high above the base flood elevation must a new home be built in Carver County's Flood Fringe District?
Can a structure have a basement below the flood protection elevation?
Do critical facilities have a stricter elevation requirement?
Sources & Official References
Other rules in Carver County
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