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Henrico County, VA Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Henrico 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

Permit needed
Any use, activity, or development in SFHA
Issued by
County floodplain administrator
Application needs
Fee, form, FEMA elevation certificate
Barred
Any reduction in channel/floodway capacity
Penalty
Class 1 misdemeanor under Section 1-13
Related permits
Corps/DEQ/VMRC for channel alteration

Summary

Henrico requires a floodplain development permit before any use, activity, or development begins inside a mapped Special Flood Hazard Area (SFHA). The county's floodplain administrator reviews the application, which must include a fee, a completed form, and an elevation certificate (FEMA Form 086-0-33) stating the lowest floor's elevation or floodproofing level. No project in the SFHA may reduce the flood-carrying capacity of any channel, drainage ditch, or watercourse.

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

(a) A floodplain development permit is necessary for any use, activity, or development within a SFHA. All development must strictly comply with this article and other applicable requirements. ... Under no circumstances may any use, activity, or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. ... (1) The applicant must submit the application fee, application form, and required information for a floodplain development permit to the floodplain administrator. All applications must state the elevation of the lowest floor for all structures to be elevated or the elevation to which the structures will be floodproofed in an elevation certificate (FEMA Form 086-0-33).

Full Breakdown

Henrico County Code Section 10-8 sets the entry point for any construction, grading, filling, or land-disturbing activity inside a Special Flood Hazard Area shown on the county's FEMA maps. Before work starts, the applicant submits the application fee, the permit form, and supporting technical data to the floodplain administrator, who first checks the submission for completeness. An incomplete application gets written notice of the missing items and goes no further; once complete, the administrator reviews it against the standards in this article and can attach conditions to the permit to secure compliance.

Every application must include an elevation certificate, FEMA Form 086-0-33, stating either the elevation of the lowest floor for structures to be raised or the level to which the structure will be floodproofed. The review is not a rubber stamp: subsection (a) directs the administrator to confirm the site is reasonably safe from flooding, and bars any use, activity, or development that would cut into the carrying capacity of a channel, floodway, drainage ditch, or other drainage facility. The companion development standards in Section 10-9 reinforce the permit: fill cannot be dumped in the SFHA even to lift a lot above flood elevation for construction, and any project claiming no rise in the base flood elevation must back that claim with a no-rise certificate sealed by a licensed engineer. S. Army Corps of Engineers, the State Department of Environmental Quality, and the Virginia Marine Resources Commission before the county permit can issue.

Violations & Fines

Developing, filling, or building in the SFHA without a floodplain development permit violates Article I under Section 10-21, and Henrico prosecutes it as a Class 1 misdemeanor through the general penalty in Section 1-13. The county can also declare a noncompliant structure a nuisance subject to abatement, and the floodplain administrator's inspectors may enter the property to check compliance under Section 10-20.

Frequently Asked Questions

Do I need a permit to build in a Henrico floodplain?
Yes. Henrico County Code Section 10-8 requires a floodplain development permit for any use, activity, or development inside a mapped Special Flood Hazard Area before work begins. The floodplain administrator reviews the application for completeness, checks it against the county's floodplain standards, and can add conditions. Building without this permit violates Article I and exposes the owner to a Class 1 misdemeanor charge under Section 1-13.
What has to be in the application?
The application needs the permit fee, the completed application form, and supporting data showing compliance. Every applicant must also submit an elevation certificate, FEMA Form 086-0-33, stating the elevation of the lowest floor for structures to be elevated or the level to which the structure will be floodproofed, so the administrator can confirm the project meets Sections 10-8 and 10-9 before construction starts.
Can I fill my lot to get it out of the floodplain?
No. Section 10-9(2) specifically bars placing fill in the Special Flood Hazard Area, including fill meant to remove a lot from the SFHA so a building or structure can be constructed there. Any project claiming its work will not raise the base flood elevation must instead prove it with an engineer-sealed no-rise certificate submitted with the permit application.
What happens if I build without the permit?
Henrico treats it as a violation of Article I under Section 10-21, prosecuted as a Class 1 misdemeanor through the general penalty in Section 1-13. The county can also declare the resulting structure a nuisance and order it abated, and floodplain administrator staff can inspect the property under Section 10-20 to confirm compliance with the article.

Sources & Official References

Other rules in Henrico County

All Henrico County rules

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