Johnston County, NC Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard
- 2 feet added above FEMA base flood elevation
- RFPE formula
- Base Flood Elevation + 2-foot freeboard (Sec. 14-425)
- No-BFE default
- At least 2 feet above highest adjacent grade
- Residential rule
- Reference level elevated no lower than RFPE (Sec. 14-440(1))
- Riverine test
- Engineer certification: no more than 1-ft rise (Sec. 14-442)
Summary
Johnston County adds a two-foot freeboard cushion above FEMA's base flood elevation to set its Regulatory Flood Protection Elevation. New residential construction and substantial improvements in a mapped Special Flood Hazard Area must have their lowest floor built no lower than that RFPE.
Regulatory Flood Protection Elevation means the "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade. ... New construction and substantial improvement ... of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation, as defined in Sec. 14-425 of this article.
Full Breakdown
Sec. 14-425 defines the Regulatory Flood Protection Elevation, the number that actually controls how high a structure must be built, as the Base Flood Elevation plus a two-foot freeboard. Where FEMA has determined a Base Flood Elevation for a Special Flood Hazard Area, the Regulatory Flood Protection Elevation is that BFE plus two feet; where no BFE has been established, it defaults to at least two feet above the highest adjacent grade. Freeboard exists, per the code's own definition, to cover the unknowns that can push flood heights above the modeled base flood, including wave action, blocked bridge or culvert openings, and increased runoff from watershed urbanization.
Sec. 14-440(1) applies that number directly to residential construction: new construction and substantial improvement of any residential structure, including manufactured homes, must have the reference level, including any basement, elevated no lower than the Regulatory Flood Protection Elevation. Non-residential structures get the same elevation floor under Sec. 14-440(2), or may floodproof to the same level instead. Along riverine reaches where a Base Flood Elevation exists but no floodway or non-encroachment area has been mapped yet, Sec. 14-442 layers on an added test: no fill, new construction, or other development may proceed unless a licensed North Carolina professional engineer certifies that the cumulative effect of the project, combined with all other existing and anticipated development, will not raise the base flood water surface elevation more than one foot at any point in the community.
Violations & Fines
Building below the Regulatory Flood Protection Elevation, or without the elevation certificate proving compliance, is enforced as a Class 1 misdemeanor under Sec. 14-433, punishable by a fine of up to $100.00, up to 30 days in jail, or both, with each day of the violation a separate offense. Deficiencies the Floodplain Administrator finds in a submitted elevation certificate must be corrected before construction proceeds or before a Certificate of Compliance or Occupancy will issue.
Frequently Asked Questions
How high above the FEMA base flood elevation must I build in Johnston County?
What if FEMA hasn't set a base flood elevation for my lot?
Can I build near a river if there's no mapped floodway yet?
Sources & Official References
Other rules in Johnston County
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