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Pender County, NC Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard amount
2 feet above BFE
No-BFE minimum
2 feet above highest adjacent grade
Future conditions areas
future flood elevation plus 2 feet
Certification required
elevation certificate to floodplain administrator
Governing definition
Code § 18-5

Summary

Pender County adds two feet of freeboard on top of FEMA's base flood elevation to set its regulatory flood protection elevation, the minimum height to which structures in special flood hazard areas must be built or floodproofed.

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

The base flood elevation plus the freeboard establishes the "regulatory flood protection elevation". ... Regulatory flood protection elevation means the elevation above mean sea level to which the reference level of all structures and other development located within special flood hazard areas and future conditions flood hazard areas must be protected.(1)In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard.(2)In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.(3)In future conditions flood hazard areas this elevation shall be the future conditions flood elevation plus two feet of freeboard.

Full Breakdown

Code § 18-5 defines freeboard as the height added to the base flood elevation (BFE) to cover unknown factors, like wave action, bridge openings, and the hydrological effect of urbanization, that could push actual flood heights above the calculated BFE, and states plainly that the BFE plus the freeboard establishes the regulatory flood protection elevation. The same section then fixes the freeboard amount at two feet: where a special flood hazard area already has a determined BFE, the regulatory flood protection elevation is the BFE plus two feet; where no BFE has been established, it is at least two feet above the highest adjacent grade; and in future conditions flood hazard areas it is the future conditions flood elevation plus two feet.

That two-foot figure is the number builders actually have to hit under §§ 18-72 and 18-73: residential and nonresidential structures must have their reference level elevated to, or above, this regulatory flood protection elevation, and elevation or floodproofing certificates confirming the number must go to the floodplain administrator both when the reference level is set and again as an as-built certification after construction under § 18-46(c). Getting the freeboard calculation wrong therefore does not just risk a paperwork problem, it can mean the structure fails the county's substantive elevation standard.

Violations & Fines

Building below the two-foot freeboard elevation required by § 18-5's regulatory flood protection elevation definition violates Chapter 18 and is a misdemeanor under § 18-13, punishable by a fine of up to $50.00 or up to 30 days in jail, with each day the deficiency continues a separate offense, and can also trigger a stop-work order or permit revocation from the floodplain administrator under § 18-47.

Frequently Asked Questions

How much freeboard does Pender County require above the base flood elevation?
Code § 18-5 sets the regulatory flood protection elevation at the base flood elevation plus two feet of freeboard wherever a BFE has been determined for the special flood hazard area.
What if my lot has no established base flood elevation?
Section 18-5 still requires the reference level to sit at least two feet above the highest adjacent grade when no BFE has been established for the site.
Who checks that my elevation meets the freeboard requirement?
The floodplain administrator reviews elevation certificates submitted under § 18-46(c), both when the reference level is first set and again as an as-built certificate after construction, to confirm the two-foot freeboard standard was met.

Sources & Official References

Other rules in Pender County

All Pender County rules

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