Fulton County, GA Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard requirement
- 3 feet above base flood elevation
- Filled site wall setback
- 10 feet from base floodplain
- Residential SFHA test
- 70% land 1 ft above BFE
- Certificate required from
- licensed PE or surveyor
- Applies to
- unincorporated Fulton only
- Max penalty
- $1,000 fine / 60 days jail
Summary
New construction near a special flood hazard or flood-prone area in unincorporated Fulton County must set its lowest floor at least three feet above the base flood elevation. Zoning Resolution § 4.24.9.E ties that three-foot freeboard directly to the FEMA elevation certificate the builder has to file before occupancy.
E.The lowest minimum floor elevation. The lowest floor elevation, as described in FEMA's elevation certificate on page 5 and 6, shall be at least three feet above the base flood elevation and meet the requirements of 4.24.9.G. (Amended 4/5/95) ... D.Structures adjacent to flood hazard or flood prone areas. For any proposed new structure adjacent to a special flood hazard or flood prone area the ground surface shall be at least three feet above the base flood elevation. Further, when a filled building site is required, the ground surface at the face of the wall shall be at least ten feet distant from the base floodplain. ... G.Residential lots. In districts which permit residential use, development is prohibited in special flood hazard areas. Fulton County may allow such development provided: 1.Not less than 70 percent of the buildable land area lies above the base flood elevation, a minimum of one foot, and/or2.Not less than 50 percent of the minimum lot area, as established by the applicable zoning district, shall be above the base flood elevation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 57).
Full Breakdown
Zoning Resolution § 4.24.9.E sets the county's freeboard standard: the lowest floor elevation, as described on pages 5 and 6 of FEMA's elevation certificate, must sit at least three feet above the base flood elevation and meet the additional utility-protection standards of § 4.24.9.G. That three-foot figure is not isolated to the floor itself. Subsection D applies the same three-foot minimum to the ground surface around any new structure adjacent to a special flood hazard or flood-prone area, and requires that a filled building site keep its wall face at least ten feet from the base floodplain. Subsection G layers on a residential-lot test: new residential development inside a special flood hazard area is prohibited unless at least 70 percent of the buildable land lies at least one foot above the base flood elevation, or at least 50 percent of the district's minimum lot area sits above it.
The elevation is not self-certified. Under § 4.24.7.B, the Director of the Department of Environment and Community Development requires an as-built lowest floor elevation certificate before signing off on a certificate of occupancy for any structure built in or next to a special flood hazard area, and that certificate has to come from a professional engineer or surveyor licensed by the State of Georgia and stay on file with both the Department of Environment and Community Development and the Department of Public Works.
This freeboard rule applies only to unincorporated Fulton County; new construction inside Atlanta, Sandy Springs, Johns Creek, Milton, Chattahoochee Hills or South Fulton is measured against that city's own flood elevation standard, which may set a different freeboard above FEMA's base flood elevation.
Violations & Fines
Building below the required three-foot freeboard, or occupying a structure without the certified as-built elevation certificate, is a zoning violation under Article XXIX: a misdemeanor punishable by up to a $1,000 fine, up to 60 days in the Fulton County Jail, or both, and the county can withhold the certificate of occupancy until the elevation is corrected.
Frequently Asked Questions
How high above the flood line does my house have to be built?
Who certifies my home's flood elevation?
Can I build a new house in a mapped flood hazard area at all?
Does this three-foot freeboard rule apply in Atlanta?
Sources & Official References
Other rules in Fulton County
Compare Fulton County to another location·View the Georgia environmental rules overview
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