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Johnston 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
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.

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

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?
At least two feet. Sec. 14-425 defines the Regulatory Flood Protection Elevation as the Base Flood Elevation plus a two-foot freeboard, and Sec. 14-440(1) requires new residential construction and substantial improvements to have their reference level, including any basement, elevated no lower than that Regulatory Flood Protection Elevation.
What if FEMA hasn't set a base flood elevation for my lot?
Sec. 14-425 still applies a floor: where no Base Flood Elevation has been established for a Special Flood Hazard Area, the Regulatory Flood Protection Elevation defaults to at least two feet above the highest adjacent grade at the site.
Can I build near a river if there's no mapped floodway yet?
Only with engineering proof. Sec. 14-442 requires a licensed North Carolina professional engineer to certify that the proposed development, combined with all other existing and anticipated development, will not raise the base flood water surface elevation more than one foot anywhere in the community.

Sources & Official References

Other rules in Johnston County

All Johnston County rules

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