Benton County, AR Environmental Rules: Flood Elevation Requirements (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.
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?
Can a commercial building in a flood zone skip elevating?
Are basements allowed in a Benton County flood zone?
What about a manufactured home in a flood zone?
Sources & Official References
Other rules in Benton County
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