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Berkeley County, SC Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
Lowest floor 2 ft above base flood elevation
Basements
Not permitted in special flood hazard areas
Accessory structure threshold
$3,000 triggers full floodproofing standard
Permit
Development permit required (§ 26-62)
Penalty
Up to $500 fine, 30 days jail (§ 26-40)

Summary

In special flood hazard areas with base flood elevation data, Berkeley County requires new construction and substantial improvements to elevate the lowest floor at least two feet above base flood elevation, with no basements allowed. The rule covers residential, commercial and manufactured housing under County Code § 26-71, enforced by the local floodplain administrator.

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

New construction and substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than two feet above the base flood elevation. No basements are permitted. Should solid foundation perimeter walls be used to elevate a structure, flood openings sufficient to automatically equalize hydrostatic flood forces, shall be provided in accordance with the elevated buildings requirements in section 26-71(4).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Berkeley County Code § 26-71 sets flood-hazard construction standards for zones A, AE, AH, AO, A1-30, V and VE where FEMA has provided base flood elevation (BFE) data. New construction and substantial improvement of any residential structure, including manufactured homes, must have the lowest floor elevated no lower than two feet above BFE, and basements are prohibited outright. If solid perimeter foundation walls are used, flood openings must be installed to automatically equalize hydrostatic pressure under the elevated-buildings standard in § 26-71(4), which requires at least two openings on different walls totaling one square inch of net area per square foot of enclosed area below BFE.

Non-residential structures face the same two-foot freeboard floor, but § 26-71(2) lets owners dry-floodproof instead of elevating: walls below the required elevation must be substantially impermeable to water and able to resist hydrostatic and hydrodynamic loads, certified by a registered engineer or architect, with an annual maintenance-plan exercise approved by the floodplain administrator. C. Manufactured Housing Board Regulation § 40-29-10; chassis elevations above 36 inches require an engineering certification. Detached accessory structures or garages costing more than $3,000 must meet the same wet-floodproofing or elevation standard; those valued at $3,000 or less may stay lower if limited to vehicle parking or storage, built of flood-resistant materials, and anchored against flotation.

Anyone building in the special flood hazard area must first obtain a development permit from the local floodplain administrator under § 26-62, and agricultural structures seeking a wet-floodproofing variance must satisfy the criteria in § 26-84.

Violations & Fines

Violating chapter 26's flood-damage-prevention standards, including the freeboard and no-basement rules, is a misdemeanor under § 26-40: a conviction carries a fine of up to $500.00, up to 30 days in jail, or both, and each day the violation continues counts as a separate offense. The floodplain administrator can also issue stop-work orders, revoke a development permit, and require corrective action independent of any criminal prosecution.

Frequently Asked Questions

How high above base flood elevation must I build in Berkeley County?
County Code § 26-71(1) requires the lowest floor of new or substantially improved residential structures, including manufactured homes, to sit no lower than two feet above the base flood elevation in mapped special flood hazard zones. Non-residential buildings face the same two-foot freeboard unless the owner chooses certified dry-floodproofing instead of elevation under § 26-71(2).
Can I build a basement in a Berkeley County flood zone?
No. Section 26-71(1) states plainly that no basements are permitted for new construction or substantial improvement in areas where base flood elevation data has been provided, regardless of whether the structure is elevated on piers or floodproofed.
Do sheds and garages have to meet the flood elevation rule?
Yes, once cost passes $3,000. Section 26-71(8) requires detached accessory structures or garages costing more than $3,000 to be elevated or floodproofed like a main structure; cheaper ones may stay lower if used only for parking or storage, built from flood-resistant material, and anchored against flotation.

Sources & Official References

Other rules in Berkeley County

All Berkeley County rules

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