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Lee County, 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 Lee 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
Development permit before any activity in flood hazard area
FIRM basis
FEMA Flood Insurance Study dated September 6, 1989
Administrator
Department of Community Development
Floodway encroachment
Barred absent engineer no-rise certification
Stream buffer
2x top-of-bank width or 20 ft., whichever greater
Penalty
Misdemeanor, up to $50 fine or 30 days

Summary

Unincorporated Lee County requires a development permit before any construction, filling, grading or land disturbance begins within a FEMA-designated area of special flood hazard, under Article 13 of the county's Unified Development Ordinance. The rules apply alongside identical flood regulations adopted by the City of Sanford and the Town of Broadway, and a violation is a misdemeanor punishable by up to a $50.00 fine or 30 days in jail, each day a separate offense.

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

13.3.1.Lands to which this ordinance applies. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Sanford, the Town of Broadway and Lee County. ... 13.3. ... 3.Establishment of development permit. A development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities. ... 13.3. ... 8.Penalties for violation. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50.00 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense.

Full Breakdown

Article 13, "Flood Hazard Area Regulations," of the Lee County Unified Development Ordinance applies to all areas of special flood hazard within the jurisdiction of the City of Sanford, the Town of Broadway and Lee County, based on the Federal Emergency Management Agency's Flood Insurance Study dated September 6, 1989 and its accompanying maps, which Section 13.3.2 adopts by reference. Section 13.3.3 requires a development permit before the commencement of "any development activities" in a mapped flood hazard area, and Section 13.3.4 bars locating, extending, converting or structurally altering any structure or land without full compliance with the article. The Department of Community Development, designated as local administrator under Section 13.4.1, reviews applications, can require an engineer's certification for floodproofed structures, and inspects work under Section 13.6.

Beyond the general development permit, Article 13 sets specific standards depending on where a parcel sits: Section 13.8.3 sets elevation requirements for new construction, Section 13.8.3.4 bars most encroachments within a mapped floodway unless an engineer certifies no increase in flood levels, and Section 13.8.4 applies a stream-buffer style standard to small streams lacking mapped base flood data, barring encroachments within twice the stream's top-of-bank width or 20 feet, whichever is greater. Variances from these standards go to the board of adjustment under Section 13.7, which must weigh the danger to life and property, the availability of alternative sites, and whether the variance would raise flood levels. Section 13.3.8 makes any violation, including breach of a variance condition, a misdemeanor carrying a fine of not more than $50.00 or up to 30 days imprisonment, each day of continued violation a separate offense.

Violations & Fines

Developing, filling, grading or building within a mapped area of special flood hazard without a development permit, or violating a variance condition, is a misdemeanor under Section 13.3.8, punishable by a fine of not more than $50.00 or imprisonment of not more than 30 days, or both, with each day of a continuing violation treated as a separate offense. The local administrator can also issue a stop-work order or revoke the permit under Sections 13.5 and 13.6.

Frequently Asked Questions

Does unincorporated Lee County require a permit to build in a flood zone?
Yes. Section 13.3.3 of the county's Unified Development Ordinance requires a development permit "prior to the commencement of any development activities" within an area of special flood hazard, which covers filling, grading, mining, dredging, paving and excavation as well as building construction. The Department of Community Development, as local administrator, reviews and issues the permit.
What happens if someone builds in the floodway without a permit in Lee County?
It is a misdemeanor under Section 13.3.8, punishable by a fine of not more than $50.00 or imprisonment of not more than 30 days, or both, and each day the violation continues counts as a separate offense. The local administrator can also issue a stop-work order, revoke the permit, and require corrective action under Sections 13.5 and 13.6.
Can someone build near a small stream that isn't on the flood map?
Only with restrictions. Section 13.8.4 bars encroachments, including fill and new construction, within a distance from the stream bank equal to twice the stream's width at the top of bank or 20 feet, whichever is greater, unless a registered professional engineer certifies the work will not raise flood levels during the base flood.

Sources & Official References

Other rules in Lee County

All Lee County rules

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