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Berkeley County, SC Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Berkeley County, SC, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Permit requirement
Before any development activity
Residential elevation
2ft above base flood elevation
Basements
Not permitted in SFHA
FEMA study date
December 7, 2018
Max fine
$500.00, 30 days

Summary

Berkeley County requires a floodplain development permit before any construction begins in a FEMA-mapped special flood hazard area, under Chapter 26 of the county code. New residential structures must be elevated at least two feet above the base flood elevation, and violations carry fines up to $500.00 under Sec. 26-40.

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

Sec. 26-35. - Establishment of development permit. A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities. ... (1)Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than two feet above the base flood elevation. No basements are permitted.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Chapter 26 of the Berkeley County Code of Ordinances applies to all special flood hazard areas identified in FEMA's Flood Insurance Study dated December 7, 2018, under Sec. 26-34. Sec. 26-35 requires a development permit 'in conformance with the provisions of this chapter prior to the commencement of any development activities,' and Sec. 26-62 spells out what that application must include: a certified plot plan showing the 100-year floodplain contour and floodway, and, where base flood elevation data exists, the elevation of the lowest floor of new or substantially improved structures.

Sec. ' Non-residential structures face the same two-foot freeboard standard in Sec. 26-71(2), with an option to floodproof instead of elevate. Sec. 26-70 layers on general standards for every structure in the flood hazard area: anchoring against flotation, flood-resistant construction materials, critical facilities elevated to the 500-year flood elevation, and utilities designed to keep water out during a base-flood-plus-two-feet event. Sec. 26-60 designates a local floodplain administrator to review applications, and Secs. 26-80 and 26-81 create a county appeal board for anyone contesting the administrator's decision.

Certification requirements in Sec. 26-63 require a registered engineer, architect, or land surveyor to certify the as-built lowest floor elevation before further vertical construction proceeds.

Violations & Fines

Sec. 26-40 makes any violation of Chapter 26, including breach of a variance or special-exception condition, a misdemeanor punishable by a fine up to $500.00, imprisonment up to 30 days, or both, with each day of continuing violation a separate offense. The local floodplain administrator can also issue a stop-work order under Sec. 26-63(b) if lowest-floor elevation certification is not submitted before further construction proceeds.

Frequently Asked Questions

Do I need a permit to build in a Berkeley County flood zone?
Yes. Sec. 26-35 requires a development permit before any development activity begins in a FEMA-mapped special flood hazard area, and Sec. 26-62 requires a certified plot plan and floodway data with the application.
How high must a new house be built in a Berkeley County flood zone?
Sec. 26-71(1) requires the lowest floor of new or substantially improved residential structures to sit at least two feet above the base flood elevation, and basements are not permitted anywhere in the special flood hazard area.
What happens if I build in the floodplain without a permit?
Sec. 26-40 treats any Chapter 26 violation as a misdemeanor punishable by up to a $500.00 fine, up to 30 days imprisonment, or both, with each day of continued noncompliance charged as a separate offense.

Sources & Official References

Other rules in Berkeley County

All Berkeley County rules

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