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Wayne 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 added to BFE
2 feet
No-BFE minimum
2 ft above highest adjacent grade
Administrator
county Planning Director
Applies to
new construction & substantial improvement
Penalty
up to $100 fine / 30 days jail
Governing sections
§§ 38-5, 38-62(1), 38-13

Summary

In unincorporated Wayne County's mapped flood hazard areas, new and substantially improved residential structures must be elevated to the regulatory flood protection elevation, defined in County Code § 38-5 as the base flood elevation plus two feet of freeboard, or two feet above the highest adjacent grade where no BFE has been set.

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.

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. In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade. ... (1)Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 38-5 of this chapter.

Full Breakdown

Wayne County's floodplain ordinance, Chapter 38, applies the extra freeboard cushion required by the state's minimum standards. Section 38-5 defines the "regulatory flood protection elevation" as the base flood elevation (BFE) plus two feet of freeboard in mapped special flood hazard areas, or at least two feet above the highest adjacent grade where FEMA has not established a BFE. Section 38-62(1) applies that elevation to residential construction: new construction and substantial improvement of any residential structure, including manufactured homes, must have its reference level, including any basement, elevated no lower than the regulatory flood protection elevation.

Section 38-62(2) applies the same elevation to commercial and other nonresidential structures, though those may be floodproofed to the same elevation instead of raised, with a professional engineer or architect certifying the floodproofing. Manufactured homes get their own provision at § 38-62(3), requiring the reference level to meet the same BFE-plus-two-feet standard and the chassis to be anchored against flotation and lateral movement. The planning director serves as floodplain administrator under § 38-32 and reviews floodplain development permit applications under § 38-33, which require a certified plot plan, proposed elevation data referenced to NAVD 1988, and an elevation certificate before construction starts and again after it finishes. 00 or imprisonment of not more than 30 days, with each day of continuing violation a separate offense.

Violations & Fines

Building or substantially improving a structure below the regulatory flood protection elevation, or without the required floodplain development permit and elevation certificate, is a Class 1 misdemeanor under § 38-13, carrying a fine of up to $100.00, imprisonment of up to 30 days, or both. Each day the violation continues counts as a separate offense, and the floodplain administrator can also withhold a certificate of compliance or occupancy until the deficiency is corrected.

Frequently Asked Questions

How much freeboard does Wayne County require above the base flood elevation?
County Code § 38-5 defines the regulatory flood protection elevation as the base flood elevation plus two feet, and § 38-62(1) requires new and substantially improved residential structures to have their reference level at or above that elevation.
What if my lot has no established base flood elevation?
Section 38-5 sets the regulatory flood protection elevation at a minimum of two feet above the highest adjacent grade when FEMA has not published a BFE for the area.
What happens if I build below the required elevation?
Section 38-13 makes any violation of the flood damage prevention chapter, including building below the regulatory flood protection elevation, a Class 1 misdemeanor punishable by up to a $100.00 fine, 30 days in jail, or both, with each day treated as a separate offense.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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