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Kill Devil Hills, NC Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Kill Devil Hills, 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 in
AE, AO, VE, Shaded X, X zones
Flood maps from
FEMA/NC FIS dated 6-19-2020, Dare County
Issued by
Floodplain Administrator (Planning Director)
Application needs
certified plot plan and elevations, § 151.41
Appeal path
variance procedure, § 151.44
Penalty
Class 1 misdemeanor, up to $100/day

Summary

Any development in Kill Devil Hills' AE, AO, VE, Shaded X or X flood zones needs a floodplain development permit before work starts, under Town Code § 151.09. The zones come from the state-FEMA Cooperating Technical State flood study for Dare County dated June 19, 2020, adopted into the code under § 151.07.

The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated June 19, 2020 for Dare County and associated Digital Flood Insurance Rate Map (DFIRM) panels, including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this chapter and all revisions thereto after January 1, 2021. Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of the town are also adopted by reference and declared a part of this chapter. Subsequent letters of map revision (LOMRs) and/or physical map revisions (PMRs) shall be adopted within three months. ... A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in AE, AO, VE, Shaded X and X zone areas.

Full Breakdown

07 adopts the special flood hazard area maps for Kill Devil Hills from the Cooperating Technical State (CTS) agreement between North Carolina and FEMA, based on the Flood Insurance Study (FIS) dated June 19, 2020, for Dare County, along with the associated Digital Flood Insurance Rate Map (DFIRM) panels; later letters of map revision or physical map revisions must be adopted into the code within three months. 09 then requires a floodplain development permit, issued by the Floodplain Administrator, the Planning Director or a designee, before any development activity begins in an AE, AO, VE, Shaded X or X zone area.

41 requires a certified plot plan showing the special flood hazard boundary, floodway or non-encroachment area boundaries, proposed elevations relative to NAVD 1988, and, for non-residential buildings, the elevation to which the structure will be floodproofed; the plan must be certified by a registered land surveyor or professional engineer. 44. 10.

Violations & Fines

Development without the required floodplain development permit, or in violation of the chapter's construction standards, is a Class 1 misdemeanor under § 151.99: a fine up to $100, up to 30 days in jail, with each day of the violation treated as a separate offense, in addition to any other lawful remedy the town pursues to correct it.

Frequently Asked Questions

Which flood zones require a permit before you build in Kill Devil Hills?
Section 151.09 requires a floodplain development permit before any development activity in AE, AO, VE, Shaded X or X zone areas, the zones mapped under the town's adopted FEMA flood insurance study for Dare County.
Who issues the floodplain development permit?
The Floodplain Administrator, who under § 151.40 is the Planning Director or a designee, reviews and issues floodplain development permits after checking the application against the chapter's elevation and construction standards in §§ 151.25 and 151.26.
What do I need to submit with the application?
Section 151.41 requires a certified plot plan showing the special flood hazard boundary, proposed elevations relative to NAVD 1988, and, for non-residential buildings, the floodproofing elevation, certified by a registered land surveyor or professional engineer.
What if my property can't meet the flood-zone standards?
You can request relief through the variance procedure in § 151.44, which lets the town's decision-makers grant an exception from the chapter's flood-hazard construction requirements in defined circumstances, subject to the chapter's variance criteria.

Sources & Official References

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