Union County, NC Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard requirement
- BFE plus 2 feet
- No-BFE floor
- 2 feet above highest adjacent grade
- Governing provision
- UDO § 65.020-B1
- Enforcing official
- County floodplain administrator
- Maximum fine
- $50.00 per violation
- Maximum jail term
- 30 days
Summary
In unincorporated Union County, new and substantially improved residential structures in a mapped special flood hazard area must have their lowest floor built no lower than the regulatory flood protection elevation: the base flood elevation plus 2 feet of freeboard. The floodplain administrator enforces this under the Unified Development Ordinance.
1. Residential Construction New construction and substantial improvement of any residential structure (including manufactured homes) must have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. ... Regulatory Flood Protection Elevation For the purpose of administering and interpreting the flood damage protection regulations of Article 65, this term means the "base flood elevation" plus the "freeboard." In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation is the BFE plus 2 feet of freeboard. In "special flood hazard areas" where no BFE has been established, this elevation must be least 2 feet above the highest adjacent grade.
Full Breakdown
Union County's Unified Development Ordinance (UDO) Article 65, Flood Damage Prevention, sets the elevation floor for building in a special flood hazard area outside every municipality's corporate limits and extraterritorial jurisdiction unless a town has opted in by resolution. 020-B1, Residential Construction, requires that new construction and substantial improvement of any residential structure, including manufactured homes, have the reference level, including any basement, elevated no lower than the regulatory flood protection elevation. 020-B2 and may floodproof to that same elevation instead of physically elevating, but only with a registered professional engineer's or architect's certification that the structure resists hydrostatic and hydrodynamic loads below that line.
The UDO's definitions article fixes what 'regulatory flood protection elevation' means in numbers: where FEMA has established a base flood elevation (BFE), it is the BFE plus 2 feet of freeboard; where no BFE has been set, it must be at least 2 feet above the highest adjacent grade. 020-B3: the reference level of the chassis can be no lower than the regulatory flood protection elevation, and if the elevation is met by a chassis height of 36 inches or less above grade, the chassis must sit on reinforced piers or an engineered foundation; above 36 inches requires an engineering certification.
030 covers the same construction in floodplains where FEMA has not yet provided BFE data, requiring the applicant to obtain and use the best available BFE data before building. The floodplain administrator, appointed under Article 65's administration section, reviews floodplain development permit applications and can require elevation certificates documenting the as-built reference level before a certificate of compliance issues.
Violations & Fines
Violating Article 65's elevation standards, including building below the regulatory flood protection elevation without an approved variance, is a misdemeanor. A convicted violator may be fined not more than $50.00 or imprisoned not more than 30 days, or both, and each day the violation continues is a separate offense. An owner who fails to correct a violation after an uncontested order, or after the governing body rules against an appeal, is also guilty of a misdemeanor punishable at the court's discretion. The county may also pursue other lawful remedies to stop or correct the violation.
Frequently Asked Questions
How high above the base flood elevation must a new house be built in unincorporated Union County?
Can a business floodproof instead of elevating?
What happens if a structure is built below the required elevation?
Does this rule apply inside Waxhaw or Indian Trail?
Sources & Official References
Other rules in Union County
Compare Union County to another location·View the North Carolina environmental rules overview
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