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

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

Key Facts

Freeboard requirement
Base flood elevation plus 2 feet
Floodplain administrator
County chief building inspector
Permit required
Floodplain development permit before construction
Certificate required
FEMA Form 81-31 elevation certificate
Penalty
Up to $50 fine or 30 days jail per day
Variance authority
Board of appeals with FAA review

Summary

In unincorporated Rutherford County, new construction and substantial improvements in a special flood hazard area must reach the regulatory flood protection elevation: the base flood elevation plus two feet of freeboard, or two feet above the highest adjacent grade where no BFE is set. The chief building inspector, as floodplain administrator, reviews every floodplain development permit under Chapter 7 before work begins.

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

Regulatory flood protection elevation means the "base flood elevation" plus the "freeboard." In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of freeboard. In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two (2) feet above the highest adjacent grade. ... New construction and substantial improvement ... of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 7-5.

Full Breakdown

Chapter 7, Flood Damage Prevention, applies countywide, including the unincorporated area mapped on the July 2, 2008 flood insurance study. Section 7-8 requires a floodplain development permit before any development activity in a special flood hazard area, and section 7-22 lists the application: a scaled plot plan, the SFHA and floodway boundaries, proposed elevations, and, for new residential construction, the reference level elevated no lower than the regulatory flood protection elevation defined in section 7-5. Non-residential structures may instead be floodproofed to that same elevation under section 7-32(2), certified by a professional engineer or architect.

Before construction starts, the permit holder must submit a FEMA Form 81-31 elevation certificate to the floodplain administrator under section 7-22(c), and a final as-built certificate is required before a certificate of compliance or occupancy is issued. Manufactured homes must have their chassis reference level meet the same regulatory flood protection elevation, and an engineered foundation certification is required once the chassis rises above 36 inches. Anyone seeking relief from these standards must apply to the board of appeals for a variance under section 7-25, which weighs flood danger, alternative sites, and the county's comprehensive plan before granting one.

Violations & Fines

Developing land or building below the required elevation without a permit is a misdemeanor under section 7-13: a fine of not more than $50 or imprisonment of not more than 30 days, with each day the violation continues counted as a separate offense. The floodplain administrator can issue a written stop-work order under section 7-23, and section 7-24 allows a hearing, a corrective order giving 60 to 180 days to remedy the violation, and an appeal to the board of commissioners.

Frequently Asked Questions

How much freeboard does Rutherford County require above the base flood elevation?
Two feet. Section 7-5 defines the regulatory flood protection elevation as the base flood elevation plus two feet of freeboard, or, where FEMA has not set a BFE, at least two feet above the highest adjacent grade. New residential construction in a special flood hazard area must have its lowest floor built to that elevation.
Who administers Rutherford County's floodplain permit process?
The chief building inspector, acting as floodplain administrator under section 7-21, reviews floodplain development permit applications, collects elevation certificates, makes on-site inspections, and can issue stop-work orders or revoke a permit for false statements or a substantial departure from the approved plans.
What certificate do I need before building in a Rutherford County flood zone?
A FEMA Form 81-31 elevation certificate showing the reference level elevation before construction starts, required by section 7-22(c), plus a final as-built elevation certificate before the county will issue a certificate of compliance or occupancy stamped by the floodplain administrator.

Sources & Official References

Other rules in Rutherford County

All Rutherford County rules

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