Kill Devil Hills, NC Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- VE zones
- BFE plus 1 ft free of obstruction
- AE zones
- BFE plus 3 ft, or 8 ft NAVD, greater
- AO zones
- base flood depth plus 1 ft, or 8 ft NAVD
- Shaded X/X zones
- 8 ft NAVD 1988 or natural grade
- Governing section
- Town Code § 151.01 definitions
- Enforcing official
- Floodplain Administrator (Planning Director)
- Penalty
- Class 1 misdemeanor, up to $100/day
Summary
Kill Devil Hills sets exact freeboard add-ons above the base flood elevation for every flood zone in town, defined in Town Code § 151.01. In VE zones homes must clear the BFE by at least one foot free of obstruction; in AE zones by three feet of freeboard or eight feet NAVD 1988, whichever is higher; AO zones follow a similar one-foot or eight-foot rule.
FREEBOARD. ... The height added to the BFE to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or culvert openings, storm surge, precipitation exceeding the base flood and the hydrological effect of urbanization of the watershed. The BFE plus the FREEBOARD establishes the regulatory flood protection elevation. ... For Kill Devil Hills, the RFPE is as follows: (1) In VE zones, the RFPE is the base flood elevation as designated on the effective FIRM plus one foot free of obstruction. (2) In AE zones, the RFPE is the base flood elevation as designated on the effective FIRM plus three feet of freeboard or an elevation to above eight feet NAVD 1988, whichever is greater. (3) In AO zones, the RFPE is the designated base flood depth on the effective FIRM, plus a freeboard of one foot above the highest natural adjacent grade or an elevation to or above eight feet NAVD 1988, whichever is greatest.
Full Breakdown
01 defines FREEBOARD as the height added to the base flood elevation (BFE) to cover unknowns like wave action, storm surge and blocked culverts, and states that the BFE plus freeboard sets the regulatory flood protection elevation (RFPE), the number every new structure must be built to. The code then fixes the RFPE zone by zone for Kill Devil Hills: in VE zones, the BFE on the effective FIRM plus one foot free of obstruction; in AE zones, the BFE plus three feet of freeboard or an elevation above eight feet NAVD 1988, whichever is greater; in AO zones, the mapped base flood depth plus one foot above the highest natural adjacent grade, or eight feet NAVD 1988, whichever is greatest; and in Shaded X and X zones, eight feet NAVD 1988 or natural grade, with an extra foot free of obstruction east of NC 12.
26(A); non-residential buildings may floodproof to the same elevation instead. The Floodplain Administrator, the Planning Director or a designee, reviews plans and can require certification from a registered North Carolina design professional that construction meets these elevations before a floodplain development permit is issued.
Violations & Fines
Violating the flood damage prevention chapter, including building below the required regulatory flood protection elevation, is a Class 1 misdemeanor under § 151.99, punishable by a fine up to $100 and up to 30 days in jail, with each day of continuing violation counted as a separate offense. The town can also pursue any other lawful remedy to stop or correct the violation.
Frequently Asked Questions
What is freeboard in Kill Devil Hills?
How high above flood level must a VE zone home be built?
What about AE zone construction?
Who enforces these elevation standards?
Sources & Official References
Other rules in Kill Devil Hills
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