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Hawaii County, HI Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard, Zones AE/AH
Base flood elevation plus 1 foot, § 27-18(d)(1)(A)
Zone AO elevation
Highest adjacent grade plus 1 to 3 feet
Floodway fill/encroachment
Prohibited absent no-rise engineer certification
Administrator
Dept. of Public Works floodplain administrator, § 27-16
Occupancy paperwork
FEMA Elevation Certificate required, § 27-17(c)(1)
Civil fine
$500 to $1,000 per day, § 27-34

Summary

Hawai'i County's floodplain chapter sets a hard number for anyone building in a mapped special flood hazard area: Section 27-18(d)(1)(A) requires the lowest floor of new residential construction in Zones AE and AH to sit at or above the base flood elevation plus at least one foot of freeboard. Nonresidential buildings must be elevated or floodproofed to the same height.

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

Within Zones AE and AH: (A) For residential new construction, improvements to repetitive loss structures, and substantial improvements, the lowest floor shall be elevated to or above the base flood elevation plus a freeboard of at least one foot.

Full Breakdown

Chapter 27 exists, per Section 27-3, to keep people and property out of harm's way and to hold down the public cost of flood rescue, relief, and repeated flood-control spending. Section 27-16 puts the floodplain administrator, housed in the Department of Public Works, in charge of reviewing every building permit, grading permit, and subdivision proposal in a special flood hazard area, and requires the office to keep the Flood Insurance Study, Flood Insurance Rate Maps, and every elevation and floodproofing certification on permanent file. Section 27-18(d) sets the numbers: in Zones AE and AH, new construction, improvements to repetitive-loss structures, and substantial improvements must put the lowest floor at or above the base flood elevation plus a one-foot freeboard for residential buildings, with nonresidential buildings elevated or floodproofed to the same line and, if built below it, certified watertight by a licensed engineer or architect.

Zone AO carries its own rule: elevate above the highest adjacent grade by at least one foot above the FIRM's depth number, or three feet if none is listed. Floodways are stricter still: Section 27-18(c)(1) bars any encroachment, including fill, unless a Hawai'i-licensed professional civil engineer certifies with supporting data that it will not raise the base flood elevation during a base flood discharge. Section 27-17 backs all of this with paperwork: certified building plans, an elevation certification on the plans themselves, a Special Flood Hazard Area Certification, and, before occupancy, a FEMA Elevation Certificate based on as-built construction.

Violations & Fines

Section 27-33 requires the director of public works to serve a written notice of violation identifying the defect and a compliance deadline. Section 27-34 backs that with an administrative order carrying a civil fine of $500 to $1,000, or the same amount per day the violation continues, weighed against the seriousness and history of the violation; the order is final in thirty days absent a hearing. Section 27-36 makes any violation a misdemeanor punishable by a $1,000 fine or up to a year in jail, with each continuing day a separate offense.

Frequently Asked Questions

How high above flood level must I build in Hawai'i County?
In Zones AE and AH, Section 27-18(d)(1)(A) requires the lowest floor of new residential construction to sit at or above the base flood elevation plus at least one foot of freeboard; nonresidential buildings must be elevated or floodproofed to the same height.
Who administers the floodplain rules?
The floodplain administrator within the Department of Public Works reviews every building permit, grading permit, and subdivision proposal under Section 27-16 to confirm compliance and keeps the Flood Insurance Study, Flood Insurance Rate Maps, and elevation certifications on file.
Can I fill or build in a floodway?
Only if a Hawai'i-licensed professional civil engineer certifies, with supporting data, that the encroachment or fill will not raise the base flood elevation during a base flood discharge; otherwise Section 27-18(c)(1) prohibits it outright.
What's the penalty for building below the required elevation?
The director can issue a notice of violation under Section 27-33 and a civil fine of $500 to $1,000 per day under Section 27-34, or refer the matter for criminal prosecution as a misdemeanor punishable by a $1,000 fine or up to a year in jail under Section 27-36.

Sources & Official References

Other rules in Hawaii County

All Hawaii County rules

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