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Wayne County, IN Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
2 feet above base flood elevation
Applies to
Lowest floor, including basement
Non-residential option
Dry flood-proof to FPG instead
Vent opening size
1 sq in per sq ft of enclosed area
Certifying professional
Registered engineer or architect
Violation fine
Up to $1,000 per day

Summary

Wayne County, Indiana requires new and substantially improved residential structures in the special flood hazard area to have their lowest floor, including any basement, at or above the Flood Protection Grade, defined as the base flood elevation plus a two-foot freeboard, under Wayne County Code § 154.26(B).

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

FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood, plus two feet at any given location in the SFHA. (See FREEBOARD.) ... FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. ... (B) Residential structures. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation).

Full Breakdown

Wayne County Code § 154.05 defines BASE FLOOD ELEVATION (BFE) as the elevation of the flood having a 1% annual chance of occurring, and defines FLOOD PROTECTION GRADE (FPG) as the elevation of the regulatory flood plus two feet at any given location in the SFHA, cross-referencing FREEBOARD, defined as a safety factor, usually expressed in feet above the BFE, applied to compensate for unknown factors that could push flood heights higher than calculated. Section 154.26(A) applies this protection requirement to new structures over 400 square feet, additions or improvements costing 50% or more of the existing structure's value, repairs to flood-damaged structures costing 50% or more of pre-damage market value, manufactured homes placed on new sites, and repetitive-loss structures.

Section 154.26(B) requires new construction or substantial improvement of any residential structure, or manufactured home, to have its lowest floor, including any basement, at or above the FPG, meaning two feet above the base flood elevation; where solid foundation perimeter walls elevate the structure, flood-vent openings meeting § 154.26(D)'s standards are required. Section 154.26(C) gives non-residential structures the same two-foot-above-BFE elevation option or lets them instead be dry flood-proofed to or above the FPG, certified by a registered professional engineer or architect under § 154.45(B)(12) that the structure is watertight below the FPG and can resist flood forces, effects of buoyancy and debris impact without human intervention or outside power.

Section 154.26(D) requires elevated structures with enclosed areas below the FPG to include at least two flood-vent openings in at least two exterior walls, sized to at least one square inch per square foot of enclosed area, with the bottom of each opening no more than one foot above grade.

Violations & Fines

Building below the required Flood Protection Grade in the SFHA is enforced through § 154.99: failing to comply with the requirements of a floodplain development permit, including the elevation standards of § 154.26, is a violation treated as a common nuisance under Chapter 156, punishable by a fine of up to $1,000 with each day counted as a separate offense. The Floodplain Administrator must notify the owner that such non-compliance is considered a willful act to increase flood damages, which can cause a standard flood insurance policy to be suspended, and the county may still pursue other lawful remedies with costs charged to the responsible party.

Frequently Asked Questions

How high above the base flood elevation must a Wayne County home be built?
Section 154.26(B) requires the lowest floor, including any basement, of a new or substantially improved residential structure to be at or above the Flood Protection Grade, which § 154.05 defines as two feet above the base flood elevation.
Can a commercial building in the floodplain skip elevating and flood-proof instead?
Yes. Section 154.26(C) lets non-residential structures either elevate to the FPG or be dry flood-proofed to or above it, provided a registered professional engineer or architect certifies the design is watertight and can resist flood forces without human intervention.
What is freeboard under Wayne County's floodplain ordinance?
Section 154.05 defines FREEBOARD as a safety factor, usually expressed in feet above the base flood elevation, used to compensate for unknown factors that could push actual flood heights above the calculated base flood; the county sets that margin at two feet.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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