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Cumberland County, NC Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard amount
2 feet above base flood elevation
Applies to
New construction and substantial improvements
Certification required
FEMA Form 81-31 as-built elevation certificate
Enforcing official
County floodplain administrator (county engineer)
Penalty
Misdemeanor, up to $500 fine, 30 days
Variance insurance warning
Up to $25 per $100 of coverage

Summary

In special flood hazard areas with mapped base flood elevations, unincorporated Cumberland County requires new and substantially improved buildings to sit two feet above the base flood elevation. This 'regulatory flood protection elevation' is the minimum floor height the floodplain administrator enforces before issuing a floodplain permit or certificate of occupancy.

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

Regulatory flood protection elevation means the "base flood elevation" plus the "freeboard". In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard.

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 8).

Full Breakdown

Cumberland County's flood damage prevention ordinance defines 'freeboard' as the extra height added above the base flood elevation (BFE) to cover unknowns like wave action and bridge-opening blockage, and it fixes that add-on at two feet: in special flood hazard areas where FEMA has published a BFE, the 'regulatory flood protection elevation' is the BFE plus two feet (Sec. 5-11). New construction and substantial improvement of any residential structure, including manufactured homes, must have its reference level, including any basement, built no lower than that regulatory flood protection elevation (Sec.

5-52(1)). Non-residential buildings must meet the same elevation or be floodproofed to it, with a registered engineer or architect certifying the watertight design resists hydrostatic and hydrodynamic loads (Sec. 5-52(2)). A final as-built elevation certificate, FEMA Form 81-31, is required after construction and before the county will issue a certificate of compliance or occupancy, and the floodplain administrator, the county engineer, reviews it for deficiencies the permit holder must correct (Sec. 5-42(c)(1)). 00 of coverage, and the board of adjustment must find good and sufficient cause and exceptional hardship, with no increase in flood levels, before granting one (Sec. 5-45(g), (i)).

Violations & Fines

Violating any provision of the flood damage prevention chapter, including building below the required elevation without an approved variance, is a misdemeanor punishable by a fine of up to $500.00 or up to 30 days in jail, or both, with each day of continued violation counted as a separate offense (Sec. 6.5-28). The floodplain administrator can also issue a stop-work order, and disregarding it is itself a separate misdemeanor (Sec. 6.5-43(16)).

Frequently Asked Questions

How much higher than base flood elevation must I build in Cumberland County?
Two feet. The ordinance defines the 'regulatory flood protection elevation' as the base flood elevation plus two feet of freeboard wherever FEMA has published a BFE, and Sec. 6.5-52(1) requires every new or substantially improved residential structure, including its basement and any manufactured home, to have its reference level built no lower than that combined height.
Can I floodproof a building instead of elevating it?
Only if it is non-residential and located in zone A, AE, or A1-30. Sec. 6.5-52(2) lets you floodproof to the regulatory flood protection elevation instead of raising the structure, but a registered professional engineer or architect must certify the design is watertight and resists hydrostatic and hydrodynamic flood loads before the floodplain administrator will accept it.
What proof does the county need after construction is finished?
A final as-built elevation certificate, FEMA Form 81-31, showing the actual elevation of the reference level and all attendant utilities. Sec. 6.5-42(c)(1) makes submitting it the permit holder's duty, and the county withholds the certificate of compliance or occupancy until the floodplain administrator reviews the certificate and any deficiencies are corrected.

Sources & Official References

Other rules in Cumberland County

All Cumberland County rules

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