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Union County, NC Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
BFE plus 2 feet
No-BFE floor
2 feet above highest adjacent grade
Governing provision
UDO § 65.020-B1
Enforcing official
County floodplain administrator
Maximum fine
$50.00 per violation
Maximum jail term
30 days

Summary

In unincorporated Union County, new and substantially improved residential structures in a mapped special flood hazard area must have their lowest floor built no lower than the regulatory flood protection elevation: the base flood elevation plus 2 feet of freeboard. The floodplain administrator enforces this under the Unified Development Ordinance.

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

1. Residential Construction New construction and substantial improvement of any residential structure (including manufactured homes) must have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. ... Regulatory Flood Protection Elevation For the purpose of administering and interpreting the flood damage protection regulations of Article 65, this term means the "base flood elevation" plus the "freeboard." In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation is the BFE plus 2 feet of freeboard. In "special flood hazard areas" where no BFE has been established, this elevation must be least 2 feet above the highest adjacent grade.

Full Breakdown

Union County's Unified Development Ordinance (UDO) Article 65, Flood Damage Prevention, sets the elevation floor for building in a special flood hazard area outside every municipality's corporate limits and extraterritorial jurisdiction unless a town has opted in by resolution. 020-B1, Residential Construction, requires that new construction and substantial improvement of any residential structure, including manufactured homes, have the reference level, including any basement, elevated no lower than the regulatory flood protection elevation. 020-B2 and may floodproof to that same elevation instead of physically elevating, but only with a registered professional engineer's or architect's certification that the structure resists hydrostatic and hydrodynamic loads below that line.

The UDO's definitions article fixes what 'regulatory flood protection elevation' means in numbers: where FEMA has established a base flood elevation (BFE), it is the BFE plus 2 feet of freeboard; where no BFE has been set, it must be at least 2 feet above the highest adjacent grade. 020-B3: the reference level of the chassis can be no lower than the regulatory flood protection elevation, and if the elevation is met by a chassis height of 36 inches or less above grade, the chassis must sit on reinforced piers or an engineered foundation; above 36 inches requires an engineering certification.

030 covers the same construction in floodplains where FEMA has not yet provided BFE data, requiring the applicant to obtain and use the best available BFE data before building. The floodplain administrator, appointed under Article 65's administration section, reviews floodplain development permit applications and can require elevation certificates documenting the as-built reference level before a certificate of compliance issues.

Violations & Fines

Violating Article 65's elevation standards, including building below the regulatory flood protection elevation without an approved variance, is a misdemeanor. A convicted violator may be fined not more than $50.00 or imprisoned not more than 30 days, or both, and each day the violation continues is a separate offense. An owner who fails to correct a violation after an uncontested order, or after the governing body rules against an appeal, is also guilty of a misdemeanor punishable at the court's discretion. The county may also pursue other lawful remedies to stop or correct the violation.

Frequently Asked Questions

How high above the base flood elevation must a new house be built in unincorporated Union County?
At least 2 feet higher. UDO Section 65.020-B1 requires the reference level, including any basement, to be elevated no lower than the regulatory flood protection elevation, which the ordinance's definitions article sets at the base flood elevation plus 2 feet of freeboard.
Can a business floodproof instead of elevating?
Yes, but only nonresidential structures in A, AE, and A1-30 zones under Section 65.020-B2, and only with a registered professional engineer's or architect's certification that the structure and its utilities are watertight and can resist hydrostatic and hydrodynamic loads up to the regulatory flood protection elevation.
What happens if a structure is built below the required elevation?
It is a misdemeanor under Article 65's penalty section, punishable by a fine of not more than $50.00, imprisonment of not more than 30 days, or both, with each day the violation continues counted as a separate offense.
Does this rule apply inside Waxhaw or Indian Trail?
No. The UDO applies only in unincorporated Union County, outside the corporate limits and extraterritorial jurisdiction of every municipality, unless a town has separately opted in by resolution; incorporated towns enforce their own flood ordinances.

Sources & Official References

Other rules in Union County

All Union County rules

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