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Dakota County, MN Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Governing instrument
Dakota County Ordinance No. 50
Freeboard
1 ft above regional flood elevation
Fill pad extent
At least 15 ft beyond structure
Basements below RFPE
Prohibited outright
Certification required
Registered engineer, architect, or surveyor
Applies to
Unincorporated Dakota County only

Summary

In the unincorporated Flood Fringe District, Dakota County requires new structures to be built on non-settling fill with the lowest floor at or above the Regulatory Flood Protection Elevation, one foot above the regional flood elevation. Basements below that elevation are banned outright.

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

C. LOWEST FLOOR ELEVATION.

1. Structures must be constructed on non-settling fill so that the lowest floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon. Principal structures constructed in the Flood Fringe District shall be subject to the vehicular access requirements in section 19.03(B)(1).

2. Basement construction shall not be allowed below the Regulatory Flood Protection Elevation.

18.04 REGULATORY FLOOD PROTECTION ELEVATIONS The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that resulted from designation of a floodway.

Full Breakdown

Dakota County's Shoreland and Floodplain Management Ordinance No. 50 sets the numeric floodproofing standard for unincorporated land in the Flood Fringe District. 03(C), "Lowest Floor Elevation," requires that structures sit on non-settling fill so the lowest floor, including any basement, is at or above the Regulatory Flood Protection Elevation (RFPE). 04 defines RFPE as an elevation no lower than one foot above the regional (1% annual chance) flood elevation, plus any increase in flood elevation caused by floodway encroachments, which is the county's freeboard requirement.

03(C)(1) further requires that the finished fill pad be no lower than one foot below the RFPE and extend at that elevation at least 15 feet beyond the limits of any structure built on it. 03(C)(2) is a flat prohibition: basement construction is not allowed below the RFPE at all, regardless of flood-proofing. 03(B)(1). 02(B)(2) supplies a fallback standard: the lowest floor must sit at least three feet above the highest known water level (lakes) or the flood of record (rivers/streams), or a licensed engineer or hydrologist must run a technical evaluation consistent with Minn.

R. 6200. 03 requires a registered professional engineer, architect, or land surveyor to certify that finished fill and building elevations match the permit and the ordinance, with flood-proofing measures certified separately by a registered engineer or architect. 05.

Violations & Fines

Building or filling below the Regulatory Flood Protection Elevation, or placing a basement below it, without an approved floodplain management permit violates Ordinance No. 50 and is punishable under Section 9.00 of the ordinance; the violation applies whether or not a permit was actually obtained for the activity (Sec. 6.04). The zoning administrator can issue a notice of violation citing the specific ordinance section breached and ordering corrective action, including raising or removing non-complying fill or structures, with further administrative or judicial enforcement if corrections are not made within the stated deadline.

Frequently Asked Questions

What is the Regulatory Flood Protection Elevation in Dakota County?
It is an elevation no lower than one foot above the regional (1% annual chance) flood elevation, plus any increase caused by floodway encroachments, as defined in Ordinance No. 50, Section 18.04. New structures in the Flood Fringe District must have their lowest floor at or above this elevation.
Can I build a basement in the Dakota County floodplain?
Not below the Regulatory Flood Protection Elevation. Section 19.03(C)(2) of Ordinance No. 50 flatly prohibits basement construction below that elevation in the Flood Fringe District, with no exception for flood-proofing measures.
Does this rule apply inside Eagan, Burnsville, or Hastings?
No. Dakota County's floodplain ordinance governs unincorporated territory only; cities like Eagan, Burnsville, Apple Valley, Lakeville, and Hastings administer their own floodplain regulations under their own zoning codes.

Sources & Official References

Other rules in Dakota County

All Dakota County rules

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