Kent County, DE Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard requirement
- 18 inches above base flood elevation
- Applies to
- Lowest floor incl. basement, Zones A/AE/AO
- Zone AO alternative
- Depth number + 18 in, or 2 ft + 18 in
- Manufactured homes
- Same 18-inch standard, permanent foundation
- Enclosure openings
- 1 sq in per sq ft, 2 openings min
- Coastal Zone VE
- Separate standard under § 188-6
- Noncompliance presumption
- No elevation certificate = presumed violation
Summary
In Kent County's non-coastal special flood hazard areas, Zones A, AE and AO, Chapter 188 requires the lowest floor of a residential structure, including any basement, to sit at least 18 inches above the base flood elevation. Manufactured homes must meet the same 18-inch freeboard standard, and Zone AO structures use the mapped flood depth plus 18 inches instead.
(a) The lowest floor (including basement) shall be elevated to 18 inches above the base flood elevation. (b) In areas of shallow flooding (Zone AO), the lowest floor (including basement) shall be elevated at least to 18 inches above the highest adjacent grade as the depth number specified in feet on the Flood Insurance Rate Map, or at least two feet plus 18 inches if a depth number is not specified; adequate drainage paths shall be provided to guide floodwaters around and away from the structure.
Full Breakdown
Section 188-5B(1) sets Kent County's freeboard, the safety margin the code layers on top of the base flood elevation to absorb wave action, debris, ice jams and the effect of upstream development the County can't yet see. Outside Zone AO, the rule is flat: the lowest floor, including a basement, must be 18 inches above the base flood elevation established on the Kent County Flood Insurance Rate Map. In Zone AO's areas of shallow flooding, the floor instead has to clear the highest adjacent grade by the depth number printed on the map plus 18 inches, or by two feet plus 18 inches if the map lists no depth number, and the site must include drainage paths that steer floodwater around the building.
New or substantially improved manufactured homes carry the identical 18-inch-above-base-flood-elevation standard under § 188-5B(3), set on a permanent, reinforced foundation and anchored against flotation and lateral movement. Any enclosure built below that elevated lowest floor, for parking, building access or storage, must use flood-damage-resistant materials and carry at least two flood openings on different walls sized to one square inch of net opening per square foot of enclosed area, with the bottom of each opening no more than one foot above grade, so floodwater can enter and exit automatically.
Coastal high-hazard Zone VE properties instead follow the separate elevation standards of § 188-6, not this section. A structure that cannot produce the required elevation certificate is presumed noncompliant under the chapter's definition of 'violation' until the owner supplies it.
Violations & Fines
A building lacking the elevation certificate or other proof that its lowest floor clears the 18-inch freeboard mark is presumed in violation under Chapter 188's definitions until the owner produces documentation. Violators face misdemeanor or civil prosecution under § 188-9C with a mandatory minimum $100 fine, up to $1,000, or up to 10 days' imprisonment, each day of noncompliance a separate offense, plus the County's option to sue for an injunction or abatement order.
Frequently Asked Questions
How much freeboard does Kent County require above the base flood elevation?
Does the 18-inch rule change in Zone AO shallow flooding areas?
Do manufactured homes get a different elevation standard?
What if I build a storage space below the elevated floor?
Sources & Official References
Other rules in Kent County
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