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Elko County, NV Environmental Rules: Flood Elevation Requirements (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Required lowest floor height
One foot (1') above the base flood elevation
Who sets the BFE
Licensed engineer or surveyor hired by the developer
Post-construction paperwork
Elevation certificate filed with community development
Enclosed area openings
At least two, one square inch per square foot
Opening height
Bottom of openings no higher than one foot above grade
Utility equipment
Furnace, water heater, A/C at or above BFE

Summary

In unincorporated Elko County, Nevada, new construction and substantial improvement in a special flood hazard area must have the lowest floor, including basement, elevated to one foot above the base flood elevation. The developer pays a licensed engineer or surveyor to set that elevation and file an elevation certificate with the county.

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

(C) Elevation And Floodproofing: The Elko County department of community development shall obtain, review, and reasonably utilize any base flood elevation (BFE) and floodway data available from a federal, state, or other source as criteria for requiring within areas of special flood hazard, the following: 1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to one foot (1') above the base flood elevation together with attendant utility and sanitary facilities. The base flood elevation for construction within a special floodplain is to be established by a licensed professional registered engineer or surveyor at the instance of the developer. ... Upon completion of all structures, the elevation of the lowest floor, including basement, shall file an elevation certificate prepared by a licensed professional registered engineer or surveyor and verified by the local building inspector or floodplain administrator that elevation requirements have been met.

Full Breakdown

Section 4-13-5-1(C) of the Elko County Code directs the department of community development to obtain, review and reasonably use any base flood elevation (BFE) and floodway data from a federal, state or other source. Under item 1, any new structure or substantial improvement needs its lowest floor, including basement, elevated to one foot (1') above the base flood elevation, together with attendant utility and sanitary facilities. A licensed professional registered engineer or surveyor establishes the BFE for construction within a special floodplain at the instance of the developer.

After construction, an elevation certificate prepared by that engineer or surveyor, verified by the local building inspector or floodplain administrator, is filed with the department. Section 4-13-2 defines BFE as the height of the base flood in relation to mean sea level, the national geodetic vertical datum of 1929, the North American vertical datum of 1988 or another datum named in the flood insurance study. Nonresidential structures can instead be floodproofed so the structure is watertight below the base flood level, with structural components that resist hydrostatic and hydrodynamic loads and buoyancy, certified by a registered professional engineer or architect.

Furnaces, hot water heaters and air conditioners must be elevated to or above the BFE under § 4-13-5-1(B)3. Fully enclosed areas below the lowest floor need a minimum of two (2) openings with a total net area of not less than one square inch for every square foot of enclosed area, and the bottom of every opening no higher than one foot (1') above grade. Subdivision plats must show base flood elevations under § 4-13-5-4, and a filled pad needs a certified final elevation.

Violations & Fines

A structure in a special flood hazard area without an elevation certificate is presumed in violation under the § 4-13-2 definition of violation until documentation is provided. Section 4-13-7 then requires a letter to the owner within thirty (30) days, a correction or approved plan within forty five (45) days, and a declaration for denial of flood insurance if the owner does not comply. A variance below BFE carries a written notice that flood insurance cost will match the increased risk.

Frequently Asked Questions

How high must the lowest floor be in an Elko County flood hazard area?
New construction and substantial improvement must have the lowest floor, including basement, elevated to one foot (1') above the base flood elevation, together with attendant utility and sanitary facilities. Section 4-13-5-1(C)1 applies this in all areas of special flood hazard in unincorporated Elko County.
Who determines the base flood elevation for my site?
For construction within a special floodplain, the BFE is established by a licensed professional registered engineer or surveyor at the instance of the developer. Where no BFE data is published for a site, § 4-13-4-3(B) has the department of community development obtain and reasonably use data from a federal, state or other source.
Can a commercial building avoid raising its floor?
Section 4-13-5-1(C)2 lets a nonresidential structure be floodproofed instead. It must be watertight below the base flood level with walls substantially impermeable to water, have structural components that resist hydrostatic and hydrodynamic loads and buoyancy, and carry a certification from a registered professional engineer or architect filed with the department.
What happens if I get a variance to build below the base flood elevation?
Section 4-13-6(A) requires written notice to the applicant that the structure will be built with a lowest floor elevation below the base flood elevation and that flood insurance will cost an amount commensurate with the increased risk. The same section states FEMA does not recognize variances or waivers.

Sources & Official References

Other rules in Elko County

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