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Valencia County, NM Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Governing chapter
Ch. 153, Flood Damage Prevention
Elevation standard
Lowest floor at or above base flood elevation
Freeboard required
None; BFE itself is the standard
Certification required
Registered engineer, architect or land surveyor
Enforcing official
County Planner, as Floodplain Administrator
Maximum penalty
$300 fine, 90 days jail, or both

Summary

In unincorporated Valencia County, new homes and additions built in a FEMA-mapped special flood hazard area must have the lowest floor, including any basement, elevated to or above the base flood elevation shown on the county's Flood Insurance Rate Map. A registered engineer, architect or land surveyor must certify that elevation to the Floodplain Administrator, and the code sets no additional freeboard margin above that mark.

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

In all areas of special flood hazards where base flood elevation data has been provided as set forth in §§ 153.031, 153.051 or 153.067, the following provisions are required: (A) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this division, as proposed in § 153.052, has been satisfied.

View official code

Full Breakdown

067. 050. The county does not layer a freeboard cushion on top of the BFE for residential construction; the standard is the BFE itself. 066(B) may instead be floodproofed watertight below the BFE if a licensed engineer or architect certifies the design and the Floodplain Administrator keeps that certification on file. 066(C). 066(D). 099, punishable by up to a $300 fine, up to 90 days in jail, or both, plus costs, for each violation, and the county can still pursue other lawful remedies to force compliance.

Violations & Fines

Building below the required elevation without the engineer's, architect's or surveyor's certification violates § 153.066 and § 153.099. Each violation is a misdemeanor carrying a fine of up to $300, up to 90 days imprisonment, or both, plus the county's costs and expenses. The Floodplain Administrator can also require corrective work, and the county may pursue a separate civil action to abate a noncompliant structure regardless of any criminal penalty already imposed.

Frequently Asked Questions

Does Valencia County require freeboard above the base flood elevation?
No. Section 153.066(A) only requires the lowest floor of a new or substantially improved residential structure, including any basement, to be built to or above the base flood elevation shown on the Flood Insurance Rate Map. The county's code does not add an extra freeboard margin on top of that elevation, unlike some jurisdictions that require one to two additional feet.
Who certifies that a house meets the elevation requirement?
A registered professional engineer, architect or land surveyor must submit a certification to the Floodplain Administrator, who is the County Planner under § 153.050. The certification confirms the lowest floor was actually built to or above the base flood elevation before the county signs off on the project.
Can a commercial building be built below the base flood elevation?
Yes, under § 153.066(B), if it is floodproofed instead. The structure's walls below the BFE must be substantially watertight and able to resist hydrostatic and hydrodynamic loads, and a licensed engineer or architect must certify the design; that certification, including the specific floodproofed elevation, stays on file with the Floodplain Administrator.
What happens if a structure is built below the required elevation?
It becomes a misdemeanor violation of § 153.099. The county can fine the responsible party up to $300, impose up to 90 days of imprisonment, or both, for each violation, plus costs, and it can separately sue to abate the noncompliant structure regardless of any criminal case.

Sources & Official References

Other rules in Valencia County

Fence Regulations: Height LimitsSome RestrictionsParking Rules: RV & Boat ParkingSome RestrictionsStormwater ManagementSome RestrictionsErosion ControlSome RestrictionsFlood ZonesSome RestrictionsNoise Ordinances: Aircraft NoiseSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningFew RestrictionsBuilding Safety: Childcare Center RulesSignificant RestrictionsHistoric Preservation: Historic-Cultural MonumentsSome Restrictions

All Valencia County rules

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