Duluth, MN Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Baseline standard
- Regulatory Flood Protection Elevation (RFPE)
- Critical facilities
- 2 ft above BFE minimum
- Fill construction
- Ground no lower than 3 ft below BFE
- Fill extent
- Extends 15 ft beyond structure
- Governing map
- FEMA Flood Insurance Rate Map
Summary
Anything built in a Duluth floodplain must clear the Regulatory Flood Protection Elevation, and critical facilities need two extra feet above the Base Flood Elevation or the 0.2-percent-annual-chance flood level, whichever is higher, under the Unified Development Chapter's Natural Resources Overlay.
(iii) Critical facilities shall be located so that the lowest floor is not less than two feet above the Base Flood Elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher. ... ... 1. Elevation on fill. Structures erected, constructed, reconstructed, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor is elevated at or above the Regulatory Flood Protection Elevation (RFPE). Construction of this type shall only be permitted in locations where the natural ground is no lower than three feet below the base flood elevation.
Full Breakdown
The Natural Resources Overlay in the Unified Development Chapter (Chapter 50) ties every floodplain elevation requirement to the Base Flood Elevation (BFE) shown on FEMA's Flood Insurance Rate Maps. The baseline standard is the Regulatory Flood Protection Elevation (RFPE), the height above which utilities, mechanical equipment and, in the Flood Fringe District, a structure's lowest floor must sit. For fill-supported residential structures in the Flood Fringe District, the code only allows this construction method where the natural ground is no lower than three feet below the base flood elevation, and the fill itself must hold the same elevation for at least 15 feet beyond the structure's outside limits, certified by a registered professional engineer, land surveyor or other qualified person the building official designates.
2-percent-annual-chance flood elevation, whichever number is higher. Alternative elevation methods, such as piers, pilings or filled stem walls, are available for nonresidential structures but require certification by a professional engineer or architect and compliance with FEMA Technical Bulletin 1. All of this runs through the City of Duluth's own floodplain permit before construction starts.
Violations & Fines
Building below the Regulatory Flood Protection Elevation, or elevating on fill without the required 15-foot extension and engineer certification, is a misdemeanor under the floodplain provisions of the Unified Development Chapter, and the Land Use Supervisor can pursue the full range of enforcement tools in Section 50-39.2 or ask the National Flood Insurance Program to deny flood insurance on the property.
Frequently Asked Questions
How many feet above flood level must a critical facility be built in Duluth?
Can I build a house on fill in a Duluth flood fringe area?
What happens if I build below the required flood elevation in Duluth?
Sources & Official References
Other rules in Duluth
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