Kill Devil Hills, NC Hurricane Preparedness: Flood Elevation (2026)
Key Facts
- Local standard applies to
- Shaded X and X flood zones
- Reason cited
- storm surge, wind-driven tides, past flooding
- Residential mandate
- built no lower than the RFPE
- Non-residential option
- floodproof to RFPE instead of elevating
- Permit required from
- Floodplain Administrator before construction
- Penalty
- Class 1 misdemeanor, up to $100/day
Summary
Kill Devil Hills requires homes in its flood-vulnerable Shaded X and X zones to meet a locally adopted elevation standard because those areas have flooded before from storm surge and wind-driven tides. Town Code § 151.08 sets that standard, and § 151.26(A) requires every new or substantially improved residential structure to be built no lower than the regulatory flood protection elevation.
A locally adopted elevation standards shall apply to any Shaded X or X Zones as identified on the effective DFIRMs for the town or used in conjunction with the BFE and freeboard standard to mitigate flood hazards in the AE, AO, VE Zones, as depicted on the FIRMs for the town. These areas may be vulnerable to flooding from storm surge, wind-driven tides, and excessive rainfall associated with storm systems. Many of these areas have flooded during past storm events and continue to remain at risk to flooding. Therefore, a local elevation standard and other floodplain development standards including regulatory flood protection elevation have been determined by the town to be appropriate for these Shaded X and X Zones as defined in § 151.01. All development activities in any Shaded X or X Zone shall conform to the provisions set forth in this chapter. ... New construction and substantial improvement ... of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in § 151.01.
Full Breakdown
08, finding that these areas may be vulnerable to flooding from storm surge, wind-driven tides, and excessive rainfall associated with storm systems, and that many have already flooded in past storm events. The town therefore requires all development activity in Shaded X or X zones to meet the same floodplain development standards, including the regulatory flood protection elevation, as areas with a mapped base flood elevation. 01. 26(B): they may be floodproofed to that same elevation instead of physically raised. 41. Because storm surge and wind-driven tides are named in the ordinance's own findings, this elevation mandate functions as the town's core hurricane-readiness building rule for the areas it covers.
Violations & Fines
Building below the mandated elevation, or skipping the floodplain development permit before construction, is a violation of Chapter 151 and a Class 1 misdemeanor under § 151.99: up to a $100 fine, up to 30 days in jail, and each day the noncompliant structure stands counts as a new offense until it is corrected or elevated.
Frequently Asked Questions
Why does Kill Devil Hills regulate elevation outside the mapped flood zones?
Do I have to elevate my house to build in Kill Devil Hills?
Can a business floodproof instead of elevating?
Sources & Official References
Other rules in Kill Devil Hills
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