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Gaithersburg, MD Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Residential minimum
1 foot above base flood elevation
Nonresidential floodproofing minimum
BFE plus 2 feet freeboard
Zone AO minimum
Depth number plus 2 ft, or 4 ft minimum
Verification required
Elevation certificate at lowest-floor stage and at C.O.
Flood opening ratio
1 sq in per sq ft of enclosed area

Summary

New and substantially improved homes in a Gaithersburg special flood hazard area must have their lowest floor at least one foot above the base flood elevation shown on the city's FIRM. Nonresidential buildings that floodproof instead must reach two feet above BFE, the city's defined 'flood protection elevation.'

(a)Elevation requirements.(1)Lowest floors shall be elevated at least one foot above the established base flood elevation.(2)In areas of shallow flooding (zone AO), the lowest floor (including basement) shall be elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus two (2) feet, or at least four (4) feet if a depth number is not specified.

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 52 Update 1).

Full Breakdown

Section 10-34 sets the elevation standard for new residential structures, residential portions of mixed-use buildings, and substantial improvements or repairs of substantial damage to existing homes in a special flood hazard area: the lowest floor, including any basement, must be elevated at least one foot above the base flood elevation established for that lot under Section 10-5. In zone AO areas of shallow flooding, the lowest floor instead must sit above the highest adjacent natural grade by the depth number printed on the FIRM plus two feet, or at least four feet if no depth number is shown.

Chapter 10's definitions section fixes the separate 'flood protection elevation' used for nonresidential buildings and floodproofing at the base flood elevation plus two feet of freeboard, an added safety margin the code says compensates for wave action, ice jams, and the hydrologic effect of urbanization on a watershed. Any enclosure built below the lowest floor, for parking or storage only, must be built of flood damage-resistant materials and carry at least two flood openings sized to one square inch of net open area per square foot of enclosed space, with the bottom of each opening no higher than one foot above the interior floor or exterior grade.

Fill used to reach the required elevation must be earthen soil or rock, sloped no steeper than one vertical to two horizontal, and protected from erosion. Applicants must sign an agreement to submit an elevation certificate, prepared by a licensed engineer or surveyor, both after the lowest floor is placed and again before the certificate of occupancy is issued.

Violations & Fines

Building below the required freeboard elevation is treated the same as building without a permit: it is a Section 10-52 compliance failure subject to a Section 10-54 municipal infraction fine set by city council resolution, with each day of noncompliance a separate offense. The floodplain administrator can also refuse to issue the elevation certificate and certificate of occupancy until the lowest floor is corrected to meet Section 10-34's one-foot standard.

Frequently Asked Questions

How high above the base flood elevation must a new Gaithersburg home be built?
At least one foot. Section 10-34(a)(1) requires the lowest floor, including any basement, of new or substantially improved residential structures to sit a minimum of one foot above the base flood elevation established for the lot, verified later with a signed elevation certificate from a licensed engineer or surveyor.
Is the freeboard requirement different for a commercial building?
Yes. Nonresidential structures that floodproof instead of elevating must reach the city's 'flood protection elevation,' defined in Chapter 10 as the base flood elevation plus two feet of freeboard, one foot more margin than the one-foot residential standard, plus the walls must be watertight to that height under Section 10-35.
What if my lot is in a shallow-flooding zone AO with no depth number?
Section 10-34(a)(2) sets a four-foot minimum above the highest natural adjacent grade when the FIRM does not list a specific depth number for a zone AO shallow-flooding area, or the printed depth number plus two feet when a number is shown on the map, whichever standard actually applies to that lot.

Sources & Official References

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