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Gaston 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
3 feet above Base Flood Elevation
Enforcing official
Floodplain Administrator (Land Use Administrator)
Permit required
Floodplain Development Permit before work starts
Elevation certificates
3 required: pre-construction, post-reference-level, final as-built
Maximum fine
$50.00 and/or 30 days per violation, per day
Variance authority
Gaston County Flood Control Board

Summary

Gaston County requires new and substantially improved structures in Special Flood Hazard Areas to sit at least 3 feet above the Base Flood Elevation. The Land Use Administrator, acting as Floodplain Administrator, enforces the freeboard standard under the Unified Development Ordinance's flood damage prevention chapter.

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

Regulatory Flood Protection Elevation. 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 three feet of freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least three feet above the highest adjacent grade.

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 58 | Unified Development Ordinance: Supplement 3).

Full Breakdown

The Unified Development Ordinance sets the county's Regulatory Flood Protection Elevation at the Base Flood Elevation (BFE) plus three feet of freeboard, or, where FEMA has not published a BFE, at least three feet above the highest adjacent grade (UDO Sec. 2, definition of "Regulatory Flood Protection Elevation"). Sec. " Non-residential structures face the identical elevation floor, or may be dry-floodproofed to that elevation instead if a registered professional engineer or architect certifies the design under Sec. 2(B). Mechanical and utility equipment, including HVAC units, water heaters, and electric panels, must be located to keep water out up to the Regulatory Flood Protection Elevation under Sec.

1(D). Manufactured homes must have their reference level elevated to the same standard, and if the chassis sits more than 36 inches above grade an engineering certification is required (Sec. 2(C)). Applicants file a Floodplain Development Permit before any development activity in a Special Flood Hazard Area (Sec. 3) and must submit three separate FEMA Elevation Certificates (Form 81-31): before construction starts, within seven calendar days of the reference level being set, and a final as-built certificate before a Certificate of Compliance or Occupancy issues (Sec.

2(C)). Deficiencies caught on review must be corrected before work proceeds; unresolved deficiencies trigger a stop-work order. The Gaston County Flood Control Board, ordinarily served by the Planning and Zoning Board, hears variance requests and must find good cause and exceptional hardship before granting one (Sec. 5).

Violations & Fines

Failing to meet the flood damage prevention chapter is a misdemeanor under UDO Sec. 16.3.8: conviction carries a fine of not more than $50.00 or up to 30 days imprisonment, or both, with each day of continued violation charged as a separate offense. The Floodplain Administrator can also issue a stop-work order for uncorrected deficiencies or unpermitted construction; violating a stop-work order is itself a separate misdemeanor. Corrective-action orders under Sec. 16.4.4 give an owner 60 to 180 days to remedy a violation, appealable to the Board of County Commissioners within 10 days.

Frequently Asked Questions

How high above the base flood elevation must a new house be built in unincorporated Gaston County?
At least 3 feet. UDO Sec. 16.2 sets the Regulatory Flood Protection Elevation at the Base Flood Elevation plus 3 feet of freeboard, and Sec. 16.5.2(A) requires the reference level of new or substantially improved residential structures, including the basement, to be elevated no lower than that mark.
Can a commercial building be floodproofed instead of elevated?
Yes. Sec. 16.5.2(B) lets non-residential structures in Zones A, AE, AO and A1-30 be dry-floodproofed to the Regulatory Flood Protection Elevation instead of raised, but a registered professional engineer or architect must certify that all areas below that elevation are watertight and can resist hydrostatic and hydrodynamic loads.
What certificates does a builder submit and when?
Three FEMA Elevation Certificates (Form 81-31) under Sec. 16.4.2(C): one before construction starts, one within seven calendar days after the reference level is established, and a final as-built certificate before the county will issue a Certificate of Compliance or Occupancy.
What happens if someone builds below the required elevation without a variance?
It is a misdemeanor under Sec. 16.3.8, punishable by a fine of not more than $50.00 or up to 30 days in jail, or both, with each day of the violation counted separately. The Floodplain Administrator can also order the work stopped or, after a hearing, order the structure altered, vacated, or demolished.

Sources & Official References

Other rules in Gaston County

All Gaston County rules

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