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Henrico County, VA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Standard freeboard
2 ft above BFE for most new buildings
500-yr / 40-ft buffer
1 ft above BFE minimum
Critical facilities
BFE+2 ft or 500-yr flood+1 ft, whichever higher
Residential in SFHA
Barred outright; 15-ft setback outside it
Proof required
FEMA elevation certificate 086-0-33
Accessory exception
Under 600 sq ft, flood openings, below BFE allowed

Summary

Henrico's floodplain code sets minimum construction heights above the base flood elevation (BFE) for anything built in a mapped Special Flood Hazard Area. Ordinary new buildings must sit at least two feet above the BFE, structures in the 500-year floodplain or near the SFHA edge need at least one foot of freeboard, and new residential structures and critical facilities cannot be located inside the SFHA at all.

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

(11) New or substantially improved critical facilities and new or substantially improved residential structures may not be located inside the SFHA. (12) A new critical facility may be located in the 500-year floodplain if the building or structure is outside the SFHA and its lowest floor is elevated to either the BFE plus two feet or the 500-year flood elevation plus one foot, whichever is greater. (13) New or substantially improved residential structures may not be located closer to a SFHA than 15 feet. (14) New buildings or structures other than critical facilities or residential structures may be constructed in the SFHA if the elevation of the lowest floor, including mechanical equipment, is a minimum of two feet above the BFE. (15) New construction or substantial improvements located in the 500-year floodplain or that are closer to the SFHA than 40 feet must have the lowest floor, including mechanical equipment, elevated a minimum of one foot above the BFE.

Full Breakdown

Henrico County Code Section 10-9 spells out the elevation math behind every floodplain permit. Paragraph (11) bars new or substantially improved critical facilities and residential structures from the Special Flood Hazard Area outright; no freeboard allowance gets them in. Paragraph (12) lets a new critical facility sit in the 500-year floodplain only if it stays outside the SFHA and its lowest floor, mechanical equipment included, is raised to whichever is higher: the BFE plus two feet, or the 500-year flood elevation plus one foot. Paragraph (13) keeps new or substantially improved residential structures at least 15 feet back from the SFHA boundary even outside the mapped zone.

For every other new building or structure, paragraph (14) requires the lowest floor, including mechanical equipment, to sit a minimum of two feet above the BFE before it can go up inside the SFHA. Paragraph (15) tightens the rule for anything in the 500-year floodplain or within 40 feet of the SFHA: the lowest floor and its mechanical equipment must be elevated at least one foot above the BFE. The companion construction standards in Section 10-10 carry these numbers into the build itself, requiring flood-resistant materials and utility equipment, anchoring against flotation and lateral movement, and an elevation certificate (FEMA Form 086-0-33) submitted and approved by the floodplain administrator once the lowest floor is framed and again before a certificate of occupancy issues.

A small accessory structure, no larger than 600 square feet, can have its lowest floor below the BFE only if it is anchored, built of flood-resistant material, and fitted with flood openings sized to at least one square inch per square foot of enclosed area.

Violations & Fines

Building below the required freeboard height, or skipping the elevation certificate the floodplain administrator must approve before framing and again before occupancy, violates Article I under Section 10-21. Henrico prosecutes it as a Class 1 misdemeanor under the general penalty in Section 1-13, and the county can withhold a certificate of occupancy or declare the noncompliant structure a nuisance subject to abatement.

Frequently Asked Questions

How high above the base flood elevation must a new Henrico building sit?
New buildings inside the mapped Special Flood Hazard Area need their lowest floor, including mechanical equipment, raised at least two feet above the base flood elevation under Section 10-9(14). Construction in the lower-risk 500-year floodplain, or within 40 feet of the SFHA boundary, only needs one foot of freeboard above the BFE under Section 10-9(15). Critical facilities face a stricter test: BFE plus two feet or the 500-year flood elevation plus one foot, whichever is higher.
Can a house be built inside the floodplain at all?
No. Section 10-9(11) bars new or substantially improved residential structures from the Special Flood Hazard Area outright; freeboard does not buy an exception for homes the way it does for other buildings. Residential construction outside the mapped zone must still keep at least 15 feet of distance from the SFHA boundary under Section 10-9(13), and every other new building inside the SFHA still needs the two-foot freeboard required by Section 10-9(14).
What proves a building meets the elevation requirement?
An elevation certificate, FEMA Form 086-0-33, submitted to and approved by the floodplain administrator. Section 10-10(d) requires one certificate once the lowest floor is framed, before further construction continues, and a second certificate after the building is finished, before the county will issue a certificate of occupancy or temporary certificate of occupancy.
Is there an exception for small storage buildings?
Yes. Section 10-10(c) allows a detached accessory structure used only for parking or storage, no larger than 600 square feet, to have its lowest floor below the BFE if it is anchored against flotation, built of flood-resistant material, and fitted with flood openings sized to at least one square inch of net area per square foot of enclosed space subject to flooding.

Sources & Official References

Other rules in Henrico County

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