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Benton County, AR Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard
One foot above base flood elevation
Applies to
Zones A and AE
Certification required from
Licensed engineer, architect or surveyor
Commercial alternative
Dry floodproofing to same elevation
Manufactured home piers
At least 36 inches high
Maximum fine
$500.00 per violation

Summary

New and substantially improved buildings in Benton County's mapped flood hazard zones must have their lowest floor at least one foot above the base flood elevation. Sec. 38-73(1) sets that freeboard for homes and (2) gives commercial buildings a floodproofing alternative, both certified by a licensed professional.

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

Sec. 38-73. Specific standards. In all areas of special flood hazards (zones A and AE), except areas of shallow flooding (zones AO and AH), the following are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above an elevation one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection, as proposed in section 38-52(a)(1), is satisfied. (2) Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor including basement, elevated to or above an elevation one foot above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

Full Breakdown

Sec. 38-73 sets Benton County's elevation standard for every zone A and AE parcel outside the shallow-flooding AO/AH areas. Subsection (1) governs homes: "new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above an elevation one foot above the base flood elevation," and "a registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator" confirming the elevation. Subsection (2) gives a commercial or industrial building a second path: elevate the lowest floor the same one foot above base flood elevation, "or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water," with hydrostatic and hydrodynamic load resistance certified by a registered engineer or architect and recorded by the floodplain administrator.

" Recreational vehicles get a narrower carve-out under subsection (5): they escape the freeboard rule only if on site fewer than 180 consecutive days or fully licensed and ready for highway use. Sec. 38-72 layers general construction standards on top of all of this, including a flat prohibition on basement foundations in any special flood hazard area.

Violations & Fines

Failing to meet the Sec. 38-73 freeboard, whether by building the lowest floor below the required one foot above base flood elevation or skipping the required engineer's certification, is a Sec. 38-35 misdemeanor: a fine up to $500.00 per violation plus court costs, and up to $250.00 for each day the noncompliant structure remains uncorrected. A substantially improved or substantially damaged structure that does not meet Sec. 38-73 must be brought into full compliance under Sec. 38-72(c) before work can continue.

Frequently Asked Questions

How high above flood level must my house be built in Benton County?
Sec. 38-73(1) requires the lowest floor, including any basement, to sit "elevated to or above an elevation one foot above the base flood elevation" in zones A and AE, certified by a licensed engineer, architect or land surveyor to the floodplain administrator.
Can a commercial building in a flood zone skip elevating?
Yes, if it floodproofs instead. Sec. 38-73(2) lets a nonresidential building stay at grade if it is "designed so that below the base flood level the structure is watertight," with a professional engineer or architect certifying the design and the floodplain administrator recording it.
Are basements allowed in a Benton County flood zone?
No. Sec. 38-72(e) states flatly that "construction of basement foundations in any special flood hazard area is prohibited," regardless of whether the rest of the structure meets the one-foot freeboard required elsewhere in the article.
What about a manufactured home in a flood zone?
Sec. 38-73(4) requires the same one-foot freeboard above base flood elevation, met either by a permanent elevated foundation or, in an existing manufactured home park, by reinforced piers "no less than 36 inches in height above grade," securely anchored against flotation and lateral movement.

Sources & Official References

Other rules in Benton County

All Benton County rules

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