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Chesapeake, VA Environmental Rules: Flood Zones (2026)

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

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

Key Facts

Enforcing official
Floodplain administrator (dir. of development & permits)
Applies to
All floodprone land, public and private
Special floodplain district
AE zone, mapped base flood elevations
Approximated floodplain district
A/A99 zone, estimated boundary
FIRM basis date
December 16, 2014
Penalty
$10-$1,000 per violation, misdemeanor
Filling restriction
Barred in 20 named creek/canal headwaters

Summary

Any development inside a Chesapeake floodplain, from a new house to fill dirt, needs a permit from the floodplain administrator before work starts. The city maps two overlay districts, the special floodplain (AE zone) and the approximated floodplain (A or A99 zone), under Chesapeake City Code Sec. 26-86 et seq.

Sec. 26-87. - Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the city and identified as being floodprone. ... Sec. 26-98. - Permit and application requirements/filling. (a)Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken in strict compliance with the provisions of this article and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code and the Chesapeake Subdivision and Zoning Ordinances. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to demonstrate compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding.

Full Breakdown

Chesapeake adopted its floodplain ordinance under the authority of Virginia Code Sec. 2-2280 to keep development out of harm's way and hold down the cost of flood damage, insurance claims, and emergency response, citing a century of tide data showing escalating sea level rise and subsidence (Sec. 26-86). The rules apply to every privately and publicly owned parcel in the city identified as floodprone (Sec. 26-87). Chesapeake maps two floodplain overlay districts on top of the underlying zoning: the special floodplain district, covering AE zones where FEMA has published 100-year flood elevations, and the approximated floodplain district, covering A and A99 zones where the boundary is estimated and an applicant may need an engineer to work out the elevation (Sec.

26-94). Wherever the floodplain overlay and the base zoning district disagree, the more restrictive rule controls. The director of development and permits serves as floodplain administrator and reviews every application to confirm state and federal approvals are in hand, decide whether a site is reasonably safe from flooding, and refuse any project that would reduce the carrying capacity of a channel, ditch, or drainage system (Sec. 26-93, Sec. 26-98). Site plans and building permit applications for floodplain parcels must show the base flood elevation at the site, the elevation of the lowest floor including basement and attached garage, and, for non-residential flood-proofed buildings, the flood-proofed elevation (Sec.

26-98(b)). Filling is flatly prohibited in the upper reaches of 20 named city creeks and canals, including Deep Creek, Bailey Creek, and the Gilmerton Canal, unless the floodplain administrator approves it and the fill is offset one-to-one with new storage capacity on the same site (Sec. 26-98(c)).

Violations & Fines

Building or filling in a Chesapeake floodplain without complying with Sec. 26-86 et seq. is a misdemeanor punishable by a fine of $10.00 to $1,000.00 per violation under Sec. 26-92. If a violation is not corrected after conviction, the court sets a deadline to fix it, and missing that deadline is a separate offense for every ten-day period, with fines rising to $100.00 to $1,500.00. The city can also declare a noncompliant structure a public nuisance and withhold flood insurance eligibility.

Frequently Asked Questions

Do I need a city permit to build in a Chesapeake flood zone?
Yes. Chesapeake City Code Sec. 26-98 requires a permit from the floodplain administrator, the director of development and permits, before any use, activity, or development, including manufactured home placement, begins in a mapped floodplain district. The application must show the base flood elevation, the lowest floor elevation, and topographic data, and the administrator confirms the site is reasonably safe from flooding before signing off.
What is the difference between Chesapeake's special and approximated floodplain districts?
The special floodplain district covers AE zones where FEMA has published exact 100-year flood elevations on the flood insurance rate map. The approximated floodplain district covers A and A99 zones where FEMA has not calculated a precise elevation, so under Sec. 26-94 an applicant may have to hire an engineer to determine it using accepted hydrologic and hydraulic methods.
Can I fill in a floodplain lot in Chesapeake?
Only in limited circumstances. Sec. 26-98(c) bans filling in the upper reaches of 20 named Chesapeake creeks, ditches, and canals, including Deep Creek and the Gilmerton Canal, unless the floodplain administrator approves it. Approved fill must be kept to the smallest area possible and offset one-to-one with new floodplain storage capacity built on the same project site.
What happens if my project would raise flood levels on my neighbor's land?
Under Sec. 26-101, no new construction, fill, or substantial improvement is allowed in the special floodplain district if it would raise the base flood's water surface elevation by more than one foot at any point, unless the applicant first obtains the floodplain administrator's endorsement and FEMA's approval of a conditional letter of map revision.

Sources & Official References

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