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Charles County, MD Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard added to BFE
Two feet
Applies to
Lowest floor of residential structures, A Zones
Electric panel board
At least 3 feet above BFE
Additions/driving surfaces
1 foot above BFE (lower threshold)
Governing definition
§ 238-6, Flood Protection Elevation

Summary

Charles County defines the 'flood protection elevation' that new and substantially improved buildings must meet as the base flood elevation plus two feet of freeboard, a safety margin against uncertainties like wave action, debris jams, and increased runoff from development.

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

FLOOD PROTECTION ELEVATION: The base flood elevation plus two feet of freeboard unless noted otherwise in this article. Freeboard is a factor of safety that compensates for uncertainty in factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, climate change, and the hydrologic effect of urbanization in a watershed.

Full Breakdown

Chapter 238's definitions section, § 238-6, defines FLOOD PROTECTION ELEVATION as the base flood elevation plus two feet of freeboard unless the article notes otherwise, explaining that freeboard is a factor of safety compensating for uncertainty in what could push flood heights above the calculated level for a selected flood, including wave action, obstructed bridge openings, debris and ice jams, climate change, and the hydrologic effect of urbanization in a watershed. That two-foot freeboard standard is what new construction is actually held to: under § 238-9D(1)(a), for residential structures and residential portions of mixed-use structures in A Zones, lowest floors must be elevated to or above this flood protection elevation, meaning two feet above base flood elevation rather than just meeting the base flood elevation itself.

The same flood protection elevation standard extends to electrical, mechanical, and plumbing systems, which under § 238-8D(4) must generally sit at or above the elevation of the lowest floor required for the applicable zone, with the electric panel board required to sit at least three feet above the base flood elevation under § 238-8D(6). Note that § 238-8B(1)(f) uses a different, lower threshold for some elements: additions to structures or substantially improved structures need only reach one foot above base flood elevation for that specific driving-surface and addition standard, rather than the full two-foot freeboard applied to lowest floors.

Violations & Fines

New construction or substantial improvement in a special flood hazard area that elevates its lowest floor below the required flood protection elevation, or that sets the electric panel board less than three feet above base flood elevation, does not meet Chapter 238's requirements and is not eligible for a floodplain development permit under § 238-7.

Frequently Asked Questions

How much freeboard does Charles County require above base flood elevation?
Two feet. Section 238-6 defines 'flood protection elevation' as the base flood elevation plus two feet of freeboard unless another part of Chapter 238 specifies otherwise, and that combined elevation is the standard new construction must meet.
Does the two-foot freeboard apply to my whole house?
It applies to the lowest floor of residential structures in A Zones under § 238-9D(1)(a); the electric panel board has its own separate three-foot-above-BFE standard, and certain additions and driving surfaces use a lower one-foot-above-BFE threshold instead.
Why does Charles County require freeboard above the base flood elevation?
Section 238-6 explains freeboard as a safety factor for uncertainty that could push flood heights above the calculated level, listing wave action, obstructed bridge openings, debris and ice jams, climate change, and increased runoff from urbanization in the watershed as contributing risks.

Sources & Official References

Other rules in Charles County

All Charles County rules

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