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Burke County, NC Environmental Rules: Flood Zones (2026)

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

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

Key Facts

Permit required for
Any development in special flood hazard area
Permit administrator
Chief building inspector
Certification deadline
21 calendar days after lowest floor set
Minimum elevation (no FEMA data)
2 feet above highest adjacent grade
County section
Burke County Code §§ 34-9, 34-38

Summary

In unincorporated Burke County, no structure or land in a special flood hazard area can be located, extended, converted, or structurally altered without a development permit from the chief building inspector, and violating the floodplain ordinance is a misdemeanor.

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

No structure or land shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. ... A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities.

Full Breakdown

Burke County Code Chapter 34 (Floods) governs development in the areas of special flood hazard identified on the county's FEMA flood insurance rate map, dated June 17, 1991. Section 34-9 requires full compliance with the chapter before any structure or land is located, extended, converted, or structurally altered, and § 34-38 requires a development permit before any development activity begins in conformance with the chapter. The chief building inspector serves as local administrator under § 34-36 and reviews every permit application, which under § 34-39 must show the elevation of the lowest floor or, where floodproofed, the floodproofed elevation, plus any watercourse alteration details and engineering effects on upstream and downstream properties.

Where base flood elevation data has not been provided, the application must show the lowest floor built at least two feet above the highest adjacent grade. After the lowest floor is set, the permit holder has 21 calendar days to submit a surveyor's or engineer's certification of the as-built elevation; any work done in that period before certification is submitted is at the permit holder's own risk, and undetected deficiencies must be corrected before further work proceeds. The administrator can issue stop-work orders under § 34-41 (itself a misdemeanor to violate) and revoke permits under § 34-42 for departures from approved plans, noncompliance, or misrepresentation.

Article II gives the administrator inspection authority at reasonable hours under § 34-40 and § 34-43. Under § 34-10, where the flood chapter and another regulation conflict, the more stringent restriction controls, and § 34-11 disclaims county liability for flood damage despite compliance with the ordinance.

Violations & Fines

Violating Chapter 34, including building without a development permit, failing to meet the elevation or floodproofing certification requirements, or violating conditions attached to a permit or variance, is a misdemeanor under § 34-12, punished per § 1-6 of the code. Violating a stop-work order issued under § 34-41 is separately a misdemeanor, and the local administrator may revoke a permit under § 34-42 for false statements or noncompliance.

Frequently Asked Questions

Do I need a permit to build in a flood hazard area of unincorporated Burke County?
Yes. Section 34-38 requires a development permit before any development activity begins in an area of special flood hazard, and § 34-9 bars locating, extending, converting, or structurally altering any structure or land there without full compliance with Chapter 34.
Who administers Burke County's flood ordinance?
The chief building inspector is appointed local administrator under § 34-36, responsible for reviewing permits, verifying elevation certifications, ordering corrective action, and inspecting work in progress under Article II of Chapter 34.
What if I don't have FEMA base flood elevation data for my site?
Section 34-39(b)(2) requires the development permit application to show the lowest floor built at least two feet above the highest adjacent grade when base flood elevation data has not been provided for the area.

Sources & Official References

Other rules in Burke County

All Burke County rules

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