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Bay County, FL Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
Base flood elevation plus 1 foot
Enforcing official
Floodplain administrator (building official)
Permit lapse
180 days if unstarted or suspended
Variance authority
Code enforcement board, § 9-34
Max fine
$500.00 plus up to 60 days jail

Summary

Unincorporated Bay County requires new buildings, structures and manufactured homes in flood hazard areas to sit at or above the base flood elevation plus one foot of freeboard. The floodplain administrator, the building official, issues permits and enforces the standard.

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

One-foot freeboard requirement. In accordance with the Florida Building Code and this chapter, all buildings and structures and manufactured homes are required to be elevated to or above the base flood elevation plus one foot. Equipment and utilities that serve buildings and manufactured homes are required to be elevated or protected in accordance with the Florida Building Code and this chapter.

Full Breakdown

Bay County Code of Ordinances § 9-38(a) sets the county's freeboard standard: buildings, structures and manufactured homes must be elevated to or above base flood elevation plus one foot, with serving equipment and utilities elevated or protected to match. Structures exempt from the Florida Building Code, such as railroads, farm buildings and Miccosukee or Seminole chickees, instead follow ASCE 24 flood-resistant construction standards. Any building or structure extending seaward of the coastal construction control line and also sitting in a flood hazard area must meet the more restrictive of Florida Building Code Section 3109/1612 or Residential Section R322, per § 9-38(c).

Before construction starts, § 9-31 requires a floodplain development permit from the floodplain administrator (the building official), who reviews site plans and construction documents under § 9-32 for flood hazard boundaries, base flood elevations and fill specifications. Permits lapse if work is not started within 180 days or is suspended for 180 days. 00 of coverage.

Violations & Fines

Under § 9-35, developing without a required permit, conflicting with an issued permit, or failing to document lowest-floor elevation is a violation; the floodplain administrator can issue a stop-work order or notice of violation. Continuing work after such notice, or any violation of the article, is punishable by a fine up to $500.00, up to 60 days in the county jail, or both, and may also be enforced under Ordinance No. 89-11 and 91-02.

Frequently Asked Questions

How high above base flood elevation must a new house sit in unincorporated Bay County?
At least one foot above base flood elevation, measured to the lowest floor, under § 9-38(a). Utilities and mechanical equipment serving the building must be elevated or protected to the same standard, and homes seaward of the coastal construction control line may face the stricter Florida Building Code coastal provisions instead.
Who issues the floodplain development permit in Bay County?
The floodplain administrator, a role assigned to the county building official under § 9-30(a). The administrator reviews site plans, sets base flood elevation data requirements, and can suspend or revoke a permit issued on incomplete or inaccurate information.
Can I get a variance below the one-foot freeboard standard?
Only from the code enforcement board, and only after showing exceptional hardship from the lot's physical characteristics; increased cost or inconvenience does not qualify. A variance cannot be granted if it would raise base flood elevations within a regulated floodway.

Sources & Official References

Other rules in Bay County

All Bay County rules

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