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Boone County, KY Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard required
1 foot above base flood elevation
AO Zone minimum
2 ft above highest adjacent grade
Applies to
Residential and nonresidential structures
Certification required
Registered engineer or surveyor as-built
Penalty
$100+ fine or up to 30 days jail

Summary

Boone County, Kentucky's Code § 151.31 sets the county's freeboard standard: new or substantially improved residential and nonresidential structures in a mapped flood hazard area must have their lowest floor, mechanical equipment and ductwork elevated at least one foot above the base flood elevation, with stricter rules in AO Zones lacking a mapped depth number.

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

(A) Residential construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor, including basement, mechanical equipment, and ductwork elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of division (C) of this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: Supplement contains: Local legislation current through Ordinance 2025-20, passed 6-17-25; and State legislation current through KRS 2025).

Full Breakdown

31. 31(A) requires the lowest floor, including the basement, mechanical equipment and ductwork, to sit no lower than one foot above the base flood elevation (BFE), the elevation shown on the FEMA Flood Insurance Rate Map for a flood with a 1% annual chance of occurrence. In an AO Zone without a mapped depth number, the structure must instead be elevated at least two feet above the highest adjacent grade. Where no FEMA technical data exists for an A Zone, the Floodplain Administrator determines the required elevation using hydrologic and hydraulic analysis, historical data, or the cross-section method described in 401 KAR Chapter 4, Regulation 060.

31(B) applies the same one-foot-above-BFE freeboard to commercial, industrial and nonresidential structures, or lets the owner floodproof the structure watertight below that elevation instead, with a registered engineer or architect certifying the floodproofing meets the standard. 04, defines FREEBOARD as a factor of safety, usually expressed in feet above the BFE, applied not just to the lowest floor but to building utilities and HVAC components too. Once built, a registered professional engineer or surveyor must certify the as-built lowest-floor elevation to the Floodplain Administrator, who verifies it with the community building inspection department. These freeboard rules apply only to the unincorporated county; Florence, Union and Walton run separate floodplain ordinances for land inside their limits.

Violations & Fines

Building below the required one-foot freeboard is a misdemeanor civil offense under § 151.99, carrying a fine of at least $100 or up to 30 days in jail, or both, plus case costs, with each day of the violation counted separately. The Floodplain Administrator can also demand corrective as-built certification or issue a stop-work order before referring the matter for a citation.

Frequently Asked Questions

How high above flood level must I build in Boone County?
Boone County Code § 151.31(A) requires the lowest floor, including the basement, mechanical equipment and ductwork, to be elevated no lower than one foot above the base flood elevation shown on the FEMA flood map for the property.
What if my lot is in Zone AO with no depth number?
Section 151.31(A)(1) requires elevation to at least two feet above the highest adjacent grade when the FIRM lists no specific depth number for an AO Zone.
Can I floodproof instead of elevating a commercial building?
Yes. Section 151.31(B) lets nonresidential structures be floodproofed watertight below one foot above the base flood elevation instead of physically elevated, but a registered engineer or architect must certify the floodproofing meets that standard.
Who certifies the elevation once construction is done?
A registered professional engineer or land surveyor must certify the as-built lowest-floor elevation to the Floodplain Administrator, who verifies it before the community building inspection department signs off, per § 151.20(B) and § 151.31(A)(3).

Sources & Official References

Other rules in Boone County

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