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Elgin, IL Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Detention facility freeboard
2 feet above BFE
Overland flow path freeboard
1 foot minimum
Open channel freeboard
2 feet minimum
Civil fine per violation
$100 to $1,000 per day
BFE source, Cook County
FIS/FIRM dated January 23, 2026
BFE source, Kane County
Kane Co. Stormwater Ordinance § 9-136.A
Administering official
City engineer (administrator)

Summary

Elgin's stormwater code sets the base flood elevation from FEMA's Cook and Kane County flood maps and requires two feet of freeboard above it around detention facilities. Overland flow paths need at least one foot of freeboard, and open channels in major drainage systems need two feet, enforced by the city engineer under Title 21.

A minimum of two (2) feet of freeboard above the base flood elevation shall be provided around the perimeter of the detention facility with the exception of the overflow structure. Water surface elevations two (2) feet above the base flood elevation shall not damage the detention facility.

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 7).

Full Breakdown

01. A of the Kane County Stormwater Management Ordinance and FEMA's current Kane County FIS and FIRMs. If a party disputes the mapped data, that party must finance the detailed engineering study needed to produce better data and submit it to FEMA and the Illinois Department of Natural Resources, Office of Water Resources, before developing the site. 020 amends the underlying county ordinance's site runoff storage requirements: detention facilities must carry a minimum of two feet of freeboard above the base flood elevation around their perimeter, except at the overflow structure, and a two-foot rise above the base flood elevation cannot damage the facility.

The same section sets a one-foot minimum freeboard on any overland flow path regardless of the service area's size, and requires open channels in a major drainage system to carry a minimum two-foot freeboard while limiting the product of maximum velocity and depth during the base flood to four or less. Establishing a BFE is mandatory in an A Zone for any new subdivision or development of fifty lots or five acres, whichever is smaller. The city engineer administers the program as the 'administrator' under section 104(2).

Violations & Fines

Section 703 of the amended stormwater ordinance makes any offense punishable by a civil fine of not less than $100 and not more than $1,000, with each calendar day a violation continues counted as a separate offense. The administrator or director can also revoke a stormwater management permit, issue a written stop-work order posted on site, and pursue legal or equitable action, including an injunction, to enforce compliance.

Frequently Asked Questions

How much freeboard does Elgin require above the base flood elevation?
Detention facilities need a minimum of two feet of freeboard above the base flood elevation around their perimeter, except at the overflow structure, under the amended section 203(h)(1) of the stormwater ordinance codified at section 21.01.020. Overland flow paths need at least one foot of freeboard, and open channels in major drainage systems need a minimum of two feet.
Where does Elgin get its base flood elevation data?
Section 21.01.040 pulls the base flood elevation from FEMA's Flood Insurance Study and Flood Insurance Rate Maps: the Cook County countywide study and panels dated January 23, 2026 for the Cook County portion of the city, and section 9-136.A of the Kane County Stormwater Management Ordinance plus FEMA's current Kane County maps for the Kane County portion.
What if I disagree with Elgin's mapped flood elevation?
Section 21.01.040 puts the burden on the disagreeing party: they must finance a detailed engineering study to produce better data and submit it to FEMA and the Illinois Department of Natural Resources' Office of Water Resources for approval before any development of the site can rely on the new numbers.
What are the penalties for violating Elgin's stormwater freeboard rules?
Section 703 sets a civil fine of $100 to $1,000 for any offense, with each day a violation continues treated as a separate offense. The city can also revoke the stormwater permit, issue a stop-work order, and pursue an injunction or other legal action to force compliance.

Sources & Official References

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