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Stearns 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 document
Ordinance 439, Land Use & Zoning
Freeboard above base flood
1 foot minimum
Fill extension beyond structure
15 feet minimum
Fill pad tolerance below RFPE
No more than 1 foot lower
Max fill without conditional permit
1,000 cubic yards
Misdemeanor fine
Up to $1,000, 90 days jail

Summary

Stearns County requires new and substantially improved structures in the Floodplain Overlay District to sit at or above the Regulatory Flood Protection Elevation, set one foot above the regional (base) flood elevation. Fill must extend at least 15 feet beyond the structure. Violations are misdemeanors carrying fines up to $1,000.

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

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 result from designation of a floodway. ... All structures, except for residential accessory structures, shall be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon.

Full Breakdown

Ordinance 439, the Stearns County Land Use and Zoning Ordinance, sets the Regulatory Flood Protection Elevation (RFPE) in Section 10.1.4 at no lower than one foot above the elevation of the regional flood, adjusted upward for any increase caused by floodway encroachments. That elevation governs construction throughout the Floodplain Overlay District, which is split into Floodway, Flood Fringe and General Floodplain areas mapped on the county's Flood Insurance Rate Map panels.

In the Flood Fringe Area, Section 10.1.8.B(1) requires that all structures other than residential accessory buildings be elevated on fill so the lowest floor, including any basement floor, sits at or above the RFPE. The finished fill pad cannot be more than one foot below the RFPE, and the fill must extend at least 15 feet beyond the outside limits of the structure it supports. Residential accessory structures get the same lowest-floor elevation standard but are exempt from the 15-foot fill extension. Storage of materials or equipment must likewise be elevated on fill to the RFPE, and placing more than 1,000 cubic yards of fill on a parcel requires a conditional use permit unless the fill is elevating a structure under 10.1.8.B(1).

Builders who cannot meet the fill standard may pursue a conditional use permit under Section 10.1.8.D and use alternative elevation methods such as stilts, pilings, parallel walls, or above-grade enclosed crawl spaces designed to flood internally, provided the enclosed area is above-grade on at least one side and does not count as the structure's basement or lowest floor. Nonconforming structures already in the overlay district that add on or alter must also be brought up to the RFPE under Section 5.1.2.B(1), using either elevation on fill or approved floodproofing from the State Building Code, unless the cumulative cost of alterations exceeds 50 percent of the structure's assessed market value, at which point the entire structure must meet the full Section 10.1 new-construction standards.

Violations & Fines

Section 12.8 makes any violation of Ordinance 439, including floodplain elevation and fill requirements, a misdemeanor punishable by a fine of up to $1,000, imprisonment of up to 90 days, or both, with each day of continuing violation a separate offense. The County Attorney enforces final decisions under Minnesota Statutes section 394.27, and the Director may also pursue civil actions to restrain, correct or abate a violation independent of criminal prosecution.

Frequently Asked Questions

How high above the base flood must a new home be built in Stearns County?
Section 10.1.4 sets the Regulatory Flood Protection Elevation at least one foot above the regional (base) flood elevation, plus any increase caused by floodway encroachments. In the Flood Fringe Area, Section 10.1.8.B(1) requires the lowest floor, including any basement, to sit at or above that elevation.
Can I use fill to raise my house instead of building on stilts?
Yes. Section 10.1.8.B(1) allows elevating on fill, but the finished fill pad cannot sit more than one foot below the Regulatory Flood Protection Elevation, and the fill must extend at least 15 feet beyond the outside limits of the structure it supports.
What happens if I place a large amount of fill on my floodplain lot?
Section 10.1.8.B(3) treats cumulative placement of more than 1,000 cubic yards of fill on a parcel as a conditional use requiring county approval, unless that fill is specifically used to elevate a structure under Section 10.1.8.B(1).
What is the penalty for building below the required flood elevation?
Section 12.8 makes any violation of the zoning ordinance, including floodplain elevation standards, a misdemeanor with a fine up to $1,000 and up to 90 days in jail, with each day of the violation charged as a separate offense.

Sources & Official References

Other rules in Stearns County

All Stearns County rules

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