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

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

Key Facts

Base floor rule
Lowest floor at/above base flood elevation
Mandatory freeboard
None; optional, incentivized
Height bonus for freeboard
1 ft height per 1 ft freeboard, max 2 ft
Zone AO floor rule
Depth number or 2 ft above grade, min
Flood opening size
1 sq in per sq ft of enclosed area
Max fine per violation
$100 per day, Ch. 115

Summary

Sussex County requires the lowest floor of new and substantially improved residential structures in a special flood hazard area to sit at or above the base flood elevation, with no mandatory freeboard, but it rewards builders who add up to two feet of freeboard with a matching height bonus.

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

The lowest floor (including basement) shall be elevated to or above the base flood elevation. ... For all structures in special flood hazard areas, height regulations for the districts shown in Articles IV through XX shall apply, with the height measured from the base flood elevation. Provided, however, that in special flood hazard areas the permitted height may be increased by one foot for every one foot of freeboard, not to exceed two feet above the permitted height measured from base flood elevation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).

Full Breakdown

5B(1)(a), the lowest floor, including any basement, of a residential structure or the residential portion of a mixed-use structure in Zones A, AE or AO must be elevated to or above the base flood elevation shown on the county's Flood Insurance Rate Map. 5C(2). 5B(1)(b) requires the lowest floor to sit at least as high above the highest adjacent grade as the depth number printed on the flood map, or at least two feet if no depth number is shown. 10 gives builders an incentive: permitted building height in a special flood hazard area is measured from the base flood elevation, and that height may be increased by one foot for every foot of freeboard added, capped at a two-foot bonus. 5B(3)(a)[1]. 5B(2)(c)[2]. 3G(1).

Violations & Fines

A structure lacking the required elevation certificate or other proof of compliance is presumed in violation until documentation is produced, per the definition of violation at Section 115-141.2. Violations of Chapter 115 are misdemeanors under Section 115-229, carrying a fine of up to $100, with each day of continued noncompliance charged as a separate offense against the owner, builder or agent involved.

Frequently Asked Questions

Does Sussex County require freeboard above the base flood elevation?
No. Section 115-141.5B(1)(a) only requires the lowest floor at or above the base flood elevation itself. Freeboard is optional, but Section 115-141.10 rewards it: adding freeboard lets a builder raise the permitted building height by a matching amount, up to two extra feet.
How high must a new house be built in a Sussex County Zone AO area?
At least as high above the highest adjacent grade as the depth number printed on the county's Flood Insurance Rate Map, or at least two feet if no depth number is shown, per Section 115-141.5B(1)(b).
What proof of elevation does Sussex County require before occupancy?
An elevation certificate showing the finished ground and building elevations must go to the Floodplain Administrator before a certificate of occupancy is issued, per Section 115-141.3G(1); a structure without one is presumed in violation under Section 115-141.2.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

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