Newton County, GA Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Stream buffer
- 35 ft or stream width, whichever is greater
- Elevation floor
- 3 ft above highest adjacent grade
- Data check first
- Administrator must seek federal/state BFE data
- Buffer exception
- PE certification of no flood-level increase
- Penalty
- Up to $1,000 fine or 60 days jail
Summary
For streams in unincorporated Newton County's flood hazard areas where FEMA has not published base flood elevation data, Sec. 26-57 bars encroachments within 35 feet of the stream bank (or the stream's width, if greater) and requires new construction to have its lowest floor at least three feet above the highest adjacent grade.
No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 35 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. ... In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site.
Full Breakdown
Sec. 26-57 governs streams that sit within an area of special flood hazard but lack published base flood elevation (BFE) data. The floodplain administrator must first try to obtain scientific or historic BFE and floodway data from federal, state or other sources; only if none exists do the section's own standards apply. Under Sec. 26-57(b), no encroachment, meaning structures or fill material, may be placed within an area equal to the width of the stream or 35 feet, whichever is greater, measured from the top of the stream bank, unless a registered professional engineer certifies the encroachment will not raise flood levels during a base flood discharge.
Sec. 26-57(c) then sets the elevation floor for construction outside that buffer: new construction and substantial improvements must have the lowest floor of the lowest enclosed area, including any basement, elevated no less than three feet above the highest adjacent grade at the building site, with flood vents meeting the Sec. 26-55(d) opening standard, and heating, cooling, electrical and plumbing equipment elevated to that same three-foot mark. The floodplain administrator certifies the recorded lowest floor elevation, and that record becomes a permanent part of the permit file.
Violations & Fines
Chapter 26's general penalty in Sec. 26-27 applies to Sec. 26-57 violations: a fine of not more than $1,000.00, imprisonment of not more than 60 days, or both, plus the costs of the case. Each day a noncompliant structure or encroachment remains is treated as a separate offense, and the county can pursue other lawful remedies beyond the fine.
Frequently Asked Questions
How close to a stream can I build if Newton County has no base flood elevation data?
How high must a new structure be built near an undated stream in unincorporated Newton County?
Does the administrator have to use FEMA data if it exists?
Sources & Official References
Other rules in Newton County
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