Berkeley County, SC Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard requirement
- Lowest floor 2 ft above base flood elevation
- Basements
- Not permitted in special flood hazard areas
- Accessory structure threshold
- $3,000 triggers full floodproofing standard
- Permit
- Development permit required (§ 26-62)
- Penalty
- Up to $500 fine, 30 days jail (§ 26-40)
Summary
In special flood hazard areas with base flood elevation data, Berkeley County requires new construction and substantial improvements to elevate the lowest floor at least two feet above base flood elevation, with no basements allowed. The rule covers residential, commercial and manufactured housing under County Code § 26-71, enforced by the local floodplain administrator.
New construction and substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than two feet above the base flood elevation. No basements are permitted. Should solid foundation perimeter walls be used to elevate a structure, flood openings sufficient to automatically equalize hydrostatic flood forces, shall be provided in accordance with the elevated buildings requirements in section 26-71(4).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
Berkeley County Code § 26-71 sets flood-hazard construction standards for zones A, AE, AH, AO, A1-30, V and VE where FEMA has provided base flood elevation (BFE) data. New construction and substantial improvement of any residential structure, including manufactured homes, must have the lowest floor elevated no lower than two feet above BFE, and basements are prohibited outright. If solid perimeter foundation walls are used, flood openings must be installed to automatically equalize hydrostatic pressure under the elevated-buildings standard in § 26-71(4), which requires at least two openings on different walls totaling one square inch of net area per square foot of enclosed area below BFE.
Non-residential structures face the same two-foot freeboard floor, but § 26-71(2) lets owners dry-floodproof instead of elevating: walls below the required elevation must be substantially impermeable to water and able to resist hydrostatic and hydrodynamic loads, certified by a registered engineer or architect, with an annual maintenance-plan exercise approved by the floodplain administrator. C. Manufactured Housing Board Regulation § 40-29-10; chassis elevations above 36 inches require an engineering certification. Detached accessory structures or garages costing more than $3,000 must meet the same wet-floodproofing or elevation standard; those valued at $3,000 or less may stay lower if limited to vehicle parking or storage, built of flood-resistant materials, and anchored against flotation.
Anyone building in the special flood hazard area must first obtain a development permit from the local floodplain administrator under § 26-62, and agricultural structures seeking a wet-floodproofing variance must satisfy the criteria in § 26-84.
Violations & Fines
Violating chapter 26's flood-damage-prevention standards, including the freeboard and no-basement rules, is a misdemeanor under § 26-40: a conviction carries a fine of up to $500.00, up to 30 days in jail, or both, and each day the violation continues counts as a separate offense. The floodplain administrator can also issue stop-work orders, revoke a development permit, and require corrective action independent of any criminal prosecution.
Frequently Asked Questions
How high above base flood elevation must I build in Berkeley County?
Can I build a basement in a Berkeley County flood zone?
Do sheds and garages have to meet the flood elevation rule?
Sources & Official References
Other rules in Berkeley County
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