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Montgomery, AL Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Montgomery, AL, 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 a mapped flood hazard area
Elevation standard
Lowest floor 2 feet above base flood elevation
Critical facilities
4 feet above base flood elevation, sited outside SFHA if feasible
Floodway residential variance
Never granted for new residential structures
Maximum fine
$500.00 or 30 days jail, or both
Appeal window
10 working days to Board of Adjustment
Ordinance date
Adopted March 5, 2026 (Ord. No. 4-2026)

Summary

Montgomery requires a floodplain development permit before any construction, fill, or substantial improvement in a mapped special flood hazard area, adopted under Ord. No. 4-2026 effective March 5, 2026. New buildings must sit at least two feet above the base flood elevation, and critical facilities four feet above it. Violations are a misdemeanor with fines up to $500.00.

Sec. 5-618. - Establishment of a floodplain development permit. A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development, as defined in this article, in identified SFHAs and any additional identified community flood hazard areas within the community.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Montgomery City Code § 5-618 requires a floodplain development permit before any development, as the article defines that term, begins in an identified special flood hazard area (SFHA) or other community flood hazard area; § 5-619 backs that up by barring any structure or land change without full compliance. Section 5-651 sets general standards for new construction and substantial improvements: they must be anchored against flotation and lateral movement, built with flood-resistant materials below the base flood elevation (BFE), and designed so utilities won't flood.

Section 5-652 adds the numbers: residential and non-residential structures need their lowest floor elevated at least two feet above the BFE, and a non-residential building may floodproof to that same two-foot mark instead of elevating, certified by an Alabama-licensed engineer or architect. 2-percent-chance flood elevation, whichever is higher. Under § 5-653, no new construction, fill, or other development is allowed in the adopted regulatory floodway unless a registered professional engineer certifies, with a no-rise analysis, that it won't raise the base flood's water surface, and variances for new residential structures in the floodway are never granted.

00 or up to 30 days in jail, or both, with each day of continued violation a separate offense. A written notice of violation gives ten working days to appeal to the Board of Adjustment (24 hours if the violation is a public-safety danger), and a further appeal runs de novo to the Montgomery County Circuit Court.

Violations & Fines

Building or filling in the floodplain without a permit, or ignoring the elevation and floodproofing standards, is a misdemeanor under § 5-623: a fine of up to $500.00, up to 30 days in jail, or both, with each additional day of noncompliance charged as a separate offense. A notice of violation can include a stop-work order, and the recipient has ten working days to appeal to the Board of Adjustment.

Frequently Asked Questions

Do I need a permit to build in a Montgomery flood zone?
Yes. Section 5-618 requires a floodplain development permit before any development in a mapped special flood hazard area, and § 5-619 bars any structure or land change there without full compliance with the article's standards.
How high above flood level must a new house be built?
At least two feet above the base flood elevation for the lowest floor, under § 5-652(1). Non-residential buildings may floodproof to that same two-foot mark instead of elevating, if a licensed engineer or architect certifies the design.
Can I get a variance to build in the floodway?
Not for a new residential structure; § 5-653(6) bars it outright. A non-residential structure may get one only if a registered engineer's hydrologic analysis shows no increase in the base flood elevation.
What's the penalty for violating Montgomery's floodplain rules?
Up to a $500.00 fine, up to 30 days in jail, or both, under § 5-623, and each day the violation continues counts as a separate offense. You can appeal a notice of violation to the Board of Adjustment within ten working days.

Sources & Official References

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