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James City County, VA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard
2 feet above base flood elevation, lowest floor
Utilities
floodproofed to 2 ft freeboard above BFE
Nonresidential option
dry floodproofing per Virginia USBC allowed
Zones V/VE/Coastal A
lowest structural member 2 ft above BFE
Before occupancy
elevation or floodproofing certificate required
Penalty
$10-$1,000 misdemeanor, Sec. 24-22

Summary

Sec. 24-595 of the Zoning Ordinance requires the lowest floor of any building in a James City County floodplain district to sit at least two feet of freeboard above the one percent annual chance (100-year) flood elevation, with utilities floodproofed to the same two-foot mark and an elevation certificate due before occupancy.

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

(2)The finished elevation of the lowest floor, including the basement or cellar of any building, shall have at least two feet freeboard above the one percent annual chance (100-year) flood elevation. For nonresidential structures, excluding accessory structures which conform to 24-595(a)(9), dry floodproofing up to the level of two feet freeboard in accordance with the Virginia Uniform Statewide Building Code may be provided in lieu of the finished grade requirement described herein.(3)Utility and sanitary facilities, including but not limited to mechanical, plumbing and electrical systems and gas lines, shall be floodproofed up to the level of two feet freeboard above the one percent annual chance (100-year) base flood elevation. ... (8)Prior to issuance of a certificate of occupancy, the owner of any structure located in a floodplain district shall submit a completed elevation certificate or floodproofing certificate from a registered professional engineer or architect, as appropriate, to the director of building safety and permits.

Full Breakdown

Sec. 24-595, Regulations for Construction, sets the finished elevation of the lowest floor, including any basement or cellar, at least two feet of freeboard above the one percent annual chance (100-year) base flood elevation. Nonresidential buildings, other than accessory structures meeting the separate standard in Sec. 24-595(a)(9), can substitute dry floodproofing to that same two-foot mark under the Virginia Uniform Statewide Building Code instead of raising the finished floor. Mechanical, plumbing and electrical systems and gas lines have to be floodproofed to the same two feet of freeboard above base flood elevation, and in Zones V, VE and Coastal A the lowest horizontal structural member itself must clear the base flood level by two feet on pilings or columns anchored against flotation and lateral movement.

Accessory structures can skip the freeboard standard only if they stay out of the floodway, are capped at 600 square feet, are built of flood-damage-resistant material, are anchored against flotation, and carry flood openings sized at one square inch of net opening per square foot of enclosed area. Before the director of building safety and permits will sign off on a certificate of occupancy, Sec. 24-595(b) and (a)(8) require the property owner to submit a completed elevation certificate or floodproofing certificate from a registered professional engineer or architect.

All construction methods also have to meet the Virginia Uniform Statewide Building Code's own flood-damage-resistance and anchoring requirements. The same general zoning penalty in Sec. 24-22, incorporated by Sec. 00, repeatable every 30 days the violation continues uncorrected.

Violations & Fines

Building below the two-foot freeboard mark, skipping the required dry floodproofing on a nonresidential structure, or occupying a building without the elevation or floodproofing certificate required by Sec. 24-595(a)(8) violates the floodplain regulations. Sec. 24-588(e) makes that a misdemeanor under Sec. 24-22: a $10.00 to $1,000.00 fine, with a separate offense for each 30-day period the deficiency is not corrected.

Frequently Asked Questions

How much freeboard does James City County require above the base flood elevation?
Sec. 24-595(a)(2) requires the finished elevation of the lowest floor, including any basement, to sit at least two feet above the one percent annual chance (100-year) base flood elevation, and utilities under Sec. 24-595(a)(3) must be floodproofed to that same two-foot mark.
Can a nonresidential building use floodproofing instead of raising the floor?
Yes. Sec. 24-595(a)(2) lets nonresidential structures, other than certain accessory buildings, use dry floodproofing up to the two-foot freeboard level under the Virginia Uniform Statewide Building Code instead of physically elevating the finished floor.
What do I need before I can get a certificate of occupancy in the floodplain?
Sec. 24-595(a)(8) and (b) require a completed elevation certificate or floodproofing certificate, signed by a registered professional engineer or architect and certified by a licensed surveyor or engineer, submitted to the director of building safety and permits before a certificate of occupancy will be approved for any structure in a floodplain district.
What are the elevation rules in Zone V or VE?
Sec. 24-595(a)(6) requires new construction in Zones V, VE and Coastal A to be elevated on pilings or columns so the bottom of the lowest horizontal structural member sits at least two feet above base flood level, anchored against flotation and lateral wind and water loads, with the space below either open or fitted with breakaway walls.

Sources & Official References

Other rules in James City County

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