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Kent County, DE Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
18 inches above base flood elevation
Applies to
Lowest floor incl. basement, Zones A/AE/AO
Zone AO alternative
Depth number + 18 in, or 2 ft + 18 in
Manufactured homes
Same 18-inch standard, permanent foundation
Enclosure openings
1 sq in per sq ft, 2 openings min
Coastal Zone VE
Separate standard under § 188-6
Noncompliance presumption
No elevation certificate = presumed violation

Summary

In Kent County's non-coastal special flood hazard areas, Zones A, AE and AO, Chapter 188 requires the lowest floor of a residential structure, including any basement, to sit at least 18 inches above the base flood elevation. Manufactured homes must meet the same 18-inch freeboard standard, and Zone AO structures use the mapped flood depth plus 18 inches instead.

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

(a) The lowest floor (including basement) shall be elevated to 18 inches above the base flood elevation. (b) In areas of shallow flooding (Zone AO), the lowest floor (including basement) shall be elevated at least to 18 inches above the highest adjacent grade as the depth number specified in feet on the Flood Insurance Rate Map, or at least two feet plus 18 inches if a depth number is not specified; adequate drainage paths shall be provided to guide floodwaters around and away from the structure.

Full Breakdown

Section 188-5B(1) sets Kent County's freeboard, the safety margin the code layers on top of the base flood elevation to absorb wave action, debris, ice jams and the effect of upstream development the County can't yet see. Outside Zone AO, the rule is flat: the lowest floor, including a basement, must be 18 inches above the base flood elevation established on the Kent County Flood Insurance Rate Map. In Zone AO's areas of shallow flooding, the floor instead has to clear the highest adjacent grade by the depth number printed on the map plus 18 inches, or by two feet plus 18 inches if the map lists no depth number, and the site must include drainage paths that steer floodwater around the building.

New or substantially improved manufactured homes carry the identical 18-inch-above-base-flood-elevation standard under § 188-5B(3), set on a permanent, reinforced foundation and anchored against flotation and lateral movement. Any enclosure built below that elevated lowest floor, for parking, building access or storage, must use flood-damage-resistant materials and carry at least two flood openings on different walls sized to one square inch of net opening per square foot of enclosed area, with the bottom of each opening no more than one foot above grade, so floodwater can enter and exit automatically.

Coastal high-hazard Zone VE properties instead follow the separate elevation standards of § 188-6, not this section. A structure that cannot produce the required elevation certificate is presumed noncompliant under the chapter's definition of 'violation' until the owner supplies it.

Violations & Fines

A building lacking the elevation certificate or other proof that its lowest floor clears the 18-inch freeboard mark is presumed in violation under Chapter 188's definitions until the owner produces documentation. Violators face misdemeanor or civil prosecution under § 188-9C with a mandatory minimum $100 fine, up to $1,000, or up to 10 days' imprisonment, each day of noncompliance a separate offense, plus the County's option to sue for an injunction or abatement order.

Frequently Asked Questions

How much freeboard does Kent County require above the base flood elevation?
Eighteen inches. Section 188-5B(1)(a) requires the lowest floor of a residential structure, including any basement, to be elevated at least 18 inches above the base flood elevation shown on the Kent County Flood Insurance Rate Map, in Zones A, AE and AO.
Does the 18-inch rule change in Zone AO shallow flooding areas?
Yes. Instead of a flat base flood elevation, § 188-5B(1)(b) measures from the highest adjacent grade: the lowest floor must clear that grade by the map's depth number plus 18 inches, or by two feet plus 18 inches if no depth number is listed, with drainage paths routing water away from the structure.
Do manufactured homes get a different elevation standard?
No. Under § 188-5B(3), new or substantially improved manufactured homes must sit on a permanent, reinforced foundation raising the lowest floor to the same 18 inches above the base flood elevation, anchored per the building code or manufacturer's tie-down instructions to resist flotation and lateral movement.
What if I build a storage space below the elevated floor?
Enclosures below the lowest floor may only be used for parking, access or limited storage, must use flood-damage-resistant materials, and need at least two flood openings on different walls totaling one square inch per square foot of enclosed area, per § 188-5B(2).

Sources & Official References

Other rules in Kent County

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