Skip to main content
CityRuleLookup

Newton County, GA Environmental Rules: Flood Elevation Requirements (2026)

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

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

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?
Sec. 26-57(b) bars structures or fill within 35 feet of the top of the stream bank, or the stream's own width if that is greater, unless a registered professional engineer certifies the encroachment will not raise flood levels during a base flood discharge.
How high must a new structure be built near an undated stream in unincorporated Newton County?
Sec. 26-57(c) requires the lowest floor of the lowest enclosed area, including any basement, to sit at least three feet above the highest adjacent grade at the building site, with vents that let floodwater move through any enclosed space below it.
Does the administrator have to use FEMA data if it exists?
Yes. Sec. 26-57(a) requires the floodplain administrator to first obtain and use any scientific or historic base flood elevation and floodway data available from federal, state or other sources before falling back on the section's own buffer and elevation standards.

Sources & Official References

Other rules in Newton County

All Newton County rules

Compare Newton County to another location·View the Georgia environmental rules overview

Get notified when Flood Elevation Requirements in Newton County, GA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.