Cumberland County, NC Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard amount
- 2 feet above base flood elevation
- Applies to
- New construction and substantial improvements
- Certification required
- FEMA Form 81-31 as-built elevation certificate
- Enforcing official
- County floodplain administrator (county engineer)
- Penalty
- Misdemeanor, up to $500 fine, 30 days
- Variance insurance warning
- Up to $25 per $100 of coverage
Summary
In special flood hazard areas with mapped base flood elevations, unincorporated Cumberland County requires new and substantially improved buildings to sit two feet above the base flood elevation. This 'regulatory flood protection elevation' is the minimum floor height the floodplain administrator enforces before issuing a floodplain permit or certificate of occupancy.
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 feet of freeboard.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 8).
Full Breakdown
Cumberland County's flood damage prevention ordinance defines 'freeboard' as the extra height added above the base flood elevation (BFE) to cover unknowns like wave action and bridge-opening blockage, and it fixes that add-on at two feet: in special flood hazard areas where FEMA has published a BFE, the 'regulatory flood protection elevation' is the BFE plus two feet (Sec. 5-11). New construction and substantial improvement of any residential structure, including manufactured homes, must have its reference level, including any basement, built no lower than that regulatory flood protection elevation (Sec.
5-52(1)). Non-residential buildings must meet the same elevation or be floodproofed to it, with a registered engineer or architect certifying the watertight design resists hydrostatic and hydrodynamic loads (Sec. 5-52(2)). A final as-built elevation certificate, FEMA Form 81-31, is required after construction and before the county will issue a certificate of compliance or occupancy, and the floodplain administrator, the county engineer, reviews it for deficiencies the permit holder must correct (Sec. 5-42(c)(1)). 00 of coverage, and the board of adjustment must find good and sufficient cause and exceptional hardship, with no increase in flood levels, before granting one (Sec. 5-45(g), (i)).
Violations & Fines
Violating any provision of the flood damage prevention chapter, including building below the required elevation without an approved variance, is a misdemeanor punishable by a fine of up to $500.00 or up to 30 days in jail, or both, with each day of continued violation counted as a separate offense (Sec. 6.5-28). The floodplain administrator can also issue a stop-work order, and disregarding it is itself a separate misdemeanor (Sec. 6.5-43(16)).
Frequently Asked Questions
How much higher than base flood elevation must I build in Cumberland County?
Can I floodproof a building instead of elevating it?
What proof does the county need after construction is finished?
Sources & Official References
Other rules in Cumberland County
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