Albemarle County, VA Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Albemarle County, VA, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.
Key Facts
- Overlay district
- Flood Hazard Overlay (FH), § 18-30.3
- Governs land within
- FEMA special flood hazard areas, per FIRM
- FIRM/FIS effective date
- May 16, 2016
- Compliance required since
- April 2, 2014
- Floodplain administrator
- Albemarle County engineer
- Permit required
- Floodplain development permit, § 18-30.3.12
Summary
In Albemarle County outside Charlottesville and Scottsville, the Flood Hazard Overlay District (FH) under § 18-30.3 covers every parcel within the special flood hazard areas on the Flood Insurance Rate Map. Since April 2, 2014, no land there may be developed and no structure built, moved, enlarged or altered without a floodplain development permit issued by the county's floodplain administrator.
A.Territory. Section 30.3 shall apply to all privately and publicly owned lands within the county that are identified as being within a special flood hazard area according to the Flood Insurance Rate Map provided to the county by the Federal Emergency Management Agency. ... C.New uses and development. On and after April 2, 2014, no land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of section 30.3, this chapter, and any other applicable ordinances and regulations which apply to uses within the county.
Full Breakdown
The FH overlay district is composed of every special flood hazard area shown on the Flood Insurance Rate Map and Flood Insurance Study for Albemarle County, most recently amended effective May 16, 2016, both adopted by reference as the district's zoning map under § 18-30.3.2. Section 18-30.3.3 makes the district's rules apply to all privately and publicly owned land within any mapped special flood hazard area, supersedes any less restrictive conflicting ordinance, and, as of April 2, 2014, bars new development, relocation, construction, reconstruction, enlargement or structural alteration except in full compliance with § 18-30.3.
Any use or structure lawfully in place before that date is grandfathered as nonconforming. The county engineer serves as floodplain administrator under § 18-30.3.6, with authority to interpret Flood Insurance Rate Map boundaries, delegate inspections, maintain permit and elevation-certificate records, and report to FEMA. Before any development begins, § 18-30.3.12 requires the owner to obtain a floodplain development permit certifying the use is authorized, complies with the Virginia Uniform Statewide Building Code and the Water Protection and Subdivision Ordinances, and is reasonably safe from flooding; a grading permit is separately required for fill in the floodway fringe, and altering or relocating a watercourse requires Army Corps, Virginia DEQ and Marine Resources Commission permits plus notice to affected jurisdictions.
Development begun after April 2, 2014 without the required permit, elevation certificate or other documentation is presumed a violation under § 18-30.3.3(E) until the owner supplies documentation satisfying the floodplain administrator.
Violations & Fines
Undocumented development in the FH overlay is presumed a violation under § 18-30.3.3(E). The zoning administrator, working with the floodplain administrator, can issue stop-work orders and notices of violation under § 18-36.2. Civil penalties run $200 for a first summons and $500 for each later one, capped at $5,000 total, after which the county may charge a misdemeanor punishable by a $10 to $1,000 fine under § 18-36.4.
Frequently Asked Questions
Which properties in Albemarle County fall under the flood hazard overlay?
Do I need a permit before building in the Albemarle County floodplain?
What if I build in the floodplain without getting the paperwork?
Who runs the floodplain program for Albemarle County?
Sources & Official References
Other rules in Albemarle County
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