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Highlands County, FL Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
2 feet above base flood elevation (BFE)
Applies to
New construction and substantial improvement
Certifying document
FEMA Elevation Certificate, Form 086-0-33
Administered by
Development Services director, as floodplain administrator
Non-residential alternative
Engineer-certified flood-proofing in lieu of elevation

Summary

In unincorporated Highlands County's mapped flood hazard areas, new construction and substantially improved buildings must sit at least two feet above the base flood elevation. Highlands County Code § 12.12.511(B) applies this freeboard to both residential and non-residential structures, and the Development Services director, acting as floodplain administrator, enforces it under the county's Floodplain Management Ordinance.

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

1.Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of the Florida Building Code, Residential, section R322.2.2. ... Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the lowest floor, including basement, elevated no lower than two feet above the level of the base flood elevation.

Full Breakdown

502 designates the director of development services as floodplain administrator, with authority to interpret the ordinance, hear appeals from the building official and county engineer, and require additional flood data. 511(B) sets the freeboard: residential lowest floors, including any basement, must be elevated no lower than two feet above the base flood elevation, with flood-vent openings required if solid perimeter walls are used; non-residential structures face the same two-foot standard but may instead be fully flood-proofed if all areas below that elevation are watertight and engineered to resist hydrostatic and hydrodynamic loads, certified by a Florida-registered engineer or architect.

504(E) adopts the FEMA elevation certificate, Form 086-0-33, filed with the building official for single-family, duplex and manufactured-home projects or with the county engineer for other structures, to document the lowest floor elevation. 00 of coverage.

Violations & Fines

Section 12.12.508 deems any flood-hazard development performed without a permit, in conflict with an issued permit, or without documentation of the lowest floor elevation to be a violation, and the lack of an elevation certificate is presumed a violation until documentation is provided. The floodplain administrator may serve a notice of violation or a stop-work order on the owner, agent or person performing the work, and continuing work after such a notice subjects the violator to penalties prescribed by law.

Frequently Asked Questions

How high above the flood zone must my new house sit in unincorporated Highlands County?
Section 12.12.511(B)(1) requires the lowest floor of a new or substantially improved residential structure, including any basement, to be elevated no lower than two feet above the base flood elevation shown on the FEMA flood maps for the site.
Can a commercial building be flood-proofed instead of elevated?
Yes, in A-zones. Section 12.12.511(B)(2) allows non-residential structures to be fully flood-proofed instead of elevated, provided a Florida-registered engineer or architect certifies that the areas below the required elevation are watertight and can resist flood forces.
What if I want to build lower than the required flood elevation?
You must obtain a variance under section 12.12.507, and the floodplain administrator must give you written notice of the difference between the base flood elevation and your proposed elevation and warn that flood insurance will cost as much as $25.00 per $100.00 of coverage.

Sources & Official References

Other rules in Highlands County

All Highlands County rules

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