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Kenai Peninsula Borough, AK Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Standard
Flood Protection Elevation equals Base Flood Elevation
No-data minimum
At least 2 feet above highest adjacent grade
Lowest floor rule
Elevated to or above FPE, KPB 21.06.050(B)(1)
Enclosure openings
1 sq in per sq ft, no higher than 1 ft
Proof required
Elevation certificate before final permit

Summary

Outside the cities, new construction in a Special Flood Hazard Area must be built to the borough's Flood Protection Elevation, normally the FEMA base flood elevation, under KPB 21.06.030(C) and KPB 21.06.050(B). Where no elevation data exists, the floor must sit at least two feet above the highest adjacent grade.

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

C.Basis for Establishing Flood Protection Elevation. The Flood Protection Elevation (FPE) shall be the applicable elevation as determined by the planning department using the criteria below and will be the elevation to which structures and utilities must be raised as required in the building standards in KPB 21.06.050.1.Base Flood Elevation (BFE). In Special Flood Hazards Areas of the Kenai Peninsula Borough, the Flood Protection Elevation shall be the Base Flood Elevation delineated on the 100-year flood profiles in the Flood Insurance Study. ... 3.No Elevation Dataa.In the SMFDA where no Base Flood Elevation or Base Flood Depth is available, the Flood Protection Elevation shall be at minimum two (2) feet above the highest adjacent grade.

Full Breakdown

KPB 21.06.030(C) sets the Flood Protection Elevation (FPE), the height to which structures and utilities in the unincorporated borough's flood hazard areas must be raised under the building standards of KPB 21.06.050. In a mapped Special Flood Hazard Area, the FPE equals the Base Flood Elevation shown on the 100-year flood profiles in the Flood Insurance Study; in AH or AO zones it is the flood depth shown on the FIRM or DFIRM, or at least two feet if no depth is listed. Where no elevation or depth data exists at all, including much of the Seward Mapped Flood Data Area, KPB 21.06.030(C)(3) sets a floor of two feet above the highest adjacent grade, a freeboard-style minimum the planning department applies until better data or a locally determined elevation is available.

KPB 21.06.050(B)(1) then applies that number: new construction and substantial improvement of a residential structure must have its lowest floor, including any basement, elevated to or above the Flood Protection Elevation, and any fully enclosed space below that floor must either stay empty or carry engineered flood openings, with a minimum net area of one square inch per square foot of enclosed space and openings no higher than one foot above grade. Manufactured homes must be elevated on a permanent foundation to the same base flood elevation and anchored against flotation.

Before final approval, the owner must submit an elevation certificate, and the planning department will not release a final development permit for a residential structure with below-grade enclosed space until the owner signs a recorded non-conversion agreement.

Violations & Fines

Building a residential structure with its lowest floor below the required Flood Protection Elevation, or converting a permitted below-grade enclosure into living space, violates KPB 21.06.050 and is enforced under KPB 21.06.030(E) through the remedies in KPB 21.50, with each day of noncompliance a separate violation. An owner who is granted a variance from the elevation standard still receives written notice that flood insurance costs will rise to match the reduced elevation.

Frequently Asked Questions

How high must I build above the flood elevation in the unincorporated borough?
KPB 21.06.050(B)(1) requires the lowest floor of a new or substantially improved residential structure to be elevated to or above the Flood Protection Elevation set under KPB 21.06.030(C), which is the FEMA base flood elevation where mapped, or at least two feet above the highest adjacent grade where no elevation data exists.
What if my lot has no FEMA elevation data?
KPB 21.06.030(C)(3) sets a floor of two feet above the highest adjacent grade as the minimum Flood Protection Elevation when no Base Flood Elevation or Base Flood Depth has been established, including much of the Seward Mapped Flood Data Area. The planning department applies this two-foot minimum until better data becomes available.
Do I need to prove the elevation after construction?
Yes. The planning department requires an elevation certificate before issuing a final floodplain development permit for a residential structure, and any enclosed space below the required elevation must remain unfinished or include engineered flood openings under KPB 21.06.050(B)(1)(b), confirmed by a recorded non-conversion agreement.

Sources & Official References

Other rules in Kenai Peninsula Borough

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