Lee County, NC Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Residential freeboard
- Lowest floor 2 ft. above base flood elevation
- Non-residential option
- Floodproof to same 2 ft. level in A zones
- Certification
- Registered engineer or architect required for floodproofing
- Elevated building vents
- 1 sq. in. per sq. ft. of enclosed area
- Filing deadline
- Elevation certificate due within 21 calendar days
- Penalty
- Misdemeanor, up to $50 fine or 30 days
Summary
New construction and substantial improvements in a mapped Lee County flood hazard area must have the lowest floor, including any basement, elevated at least two feet above the base flood elevation, under Section 13.8.3.1 of the Unified Development Ordinance. Non-residential buildings may floodproof to that same two-foot freeboard instead of elevating, but only with a registered engineer's or architect's certification under Section 13.8.3.2.
13.8.3.1.Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation. Should solid foundation parameter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided. ... 13.8.3.2.Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the lowest floor, including basement, elevated no lower than two feet above the level of the base flood elevation. Structures located in A zones may be flood-proofed in lieu of elevation provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
Full Breakdown
Section 13.8.3 of the Lee County Unified Development Ordinance sets the county's freeboard standard for any parcel where FEMA base flood elevation data has been provided. Section 13.8.3.1 requires new construction or substantial improvement of a residential structure, including a manufactured home, to have its lowest floor, including any basement, "elevated no lower than two feet above the base flood elevation," two feet more than the federal minimum. If the builder uses solid foundation perimeter walls to raise the structure, those walls must include openings sized to let floodwaters move through rather than pond against the foundation. Section 13.8.3.2 applies the identical two-foot freeboard to commercial, industrial and other non-residential construction, but gives those structures a floodproofing alternative in A zones: the space below the required elevation must be watertight, with walls substantially impermeable to water and structural components able to resist hydrostatic and hydrodynamic loads and buoyancy, and a registered professional engineer or architect must certify the standard is met and file that certification with the local administrator under Section 13.4.2.5.
Section 13.8.3.3 adds design rules for buildings elevated on enclosed foundations: any enclosed area below the flood elevation must have at least two openings, sized to a minimum of one square inch per square foot of enclosed area, with the lowest opening no higher than one foot above grade, and the enclosed space may not be finished into living space. A floor elevation certification prepared by a registered land surveyor or professional engineer is due to the Department of Community Development within 21 calendar days of completing the lowest floor.
Violations & Fines
Building or substantially improving a structure below the required two-foot freeboard, skipping the engineer's floodproofing certification for a non-residential building, or failing to file the floor elevation certification within 21 days of completing the lowest floor, is a violation of Article 13, punishable under Section 13.3.8 as a misdemeanor with a fine of not more than $50.00 or up to 30 days imprisonment, each day a separate offense, plus possible stop-work action under Section 13.6.2.
Frequently Asked Questions
How high above the base flood elevation must a new house be built in Lee County?
Can a business floodproof its building instead of raising it?
Is there a deadline to prove a building meets the elevation rule?
Sources & Official References
Other rules in Lee County
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