Lee County, AL Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Minimum freeboard
- 1 foot above base flood elevation
- No-BFE-data areas
- 3 feet above highest adjacent grade
- Governing document
- Flood Damage Prevention Ordinance, eff. Jan. 14, 2025
- Enforcing official
- Lee County Floodplain Administrator
- Maximum fine
- $500 and/or 30 days, per day violation continues
- Appeal window
- 10 working days (24 hours if safety threat)
Summary
In unincorporated Lee County's mapped Special Flood Hazard Areas, new construction and substantially improved structures must have the lowest floor elevated at least one foot above the base flood elevation. The Floodplain Administrator enforces the standard through the Floodplain Development Permit.
(1) Residential and Non-Residential Structures - Where BFE data is available, new construction and substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation (also referred to as the design flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 4, Section B(3).
Full Breakdown
Lee County's Flood Damage Prevention Ordinance, effective January 14, 2025, sets the freeboard standard for every Special Flood Hazard Area mapped as Zone A, AE or AH with base flood elevation (BFE) data. Article 4, Section B(1) requires that new construction and substantial improvement of any residential or non-residential structure, or manufactured home, have the lowest floor, including the basement, elevated no lower than one foot above the BFE (also called the design flood elevation). If solid perimeter foundation walls are used to elevate the structure, the walls must carry flood openings sized under Section B(3): a minimum of two openings per enclosed area, totaling at least one square inch of net opening for every square foot of enclosed floor area subject to flooding, located in at least two exterior walls, with the bottom of each opening no higher than one foot above grade.
Non-residential structures in AE or AH zones may be dry-floodproofed to one foot above the BFE instead of elevated, but only under a design certified by an Alabama-licensed professional engineer or architect to ASCE-24 standards, with the certification and floodproofed elevation kept on permanent file with the county. Where BFE data has not been mapped (Approximate A-Zones), Article 4, Section D(4) instead requires the lowest floor to sit at least three feet above the highest adjacent grade, rising to four feet where a floodway determination applies the standard Section B(1) offset.
The Floodplain Administrator certifies and records the as-built lowest floor elevation of every permitted structure, and that record becomes a permanent part of the Floodplain Development Permit file open to public inspection.
Violations & Fines
Building below the required freeboard, or working without a Floodplain Development Permit, is a misdemeanor under Article 3, Section H. The county can issue a stop-work order that halts work immediately until remedial measures cure the violation, and it can also serve a written Notice of Violation by certified mail spelling out the deficiency, the required fix and a compliance deadline. A person who violates the ordinance or fails to meet its requirements is, on conviction, fined up to $500.00 or imprisoned up to 30 days, or both, plus costs; each day the violation continues after the Notice of Violation counts as a separate offense. A Notice of Violation determination can be appealed within 10 working days, shortened to 24 hours where the violation threatens public health or safety.
Frequently Asked Questions
How high above the base flood elevation must my lowest floor sit in Lee County?
Can I floodproof instead of elevating in Lee County?
What happens if I build below the required elevation without a permit?
Sources & Official References
Other rules in Lee County
Compare Lee County to another location·View the Alabama environmental rules overview
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