Wayne County, NC Hurricane Preparedness: Flood Elevation (2026)
Key Facts
- Standard elevation rule
- Reference level at or above RFPE
- AO zone freeboard
- 2 feet above adjacent grade/FIRM depth
- Certification required
- Elevation certificate, FEMA Form 086-0-33
- Applies to
- New construction, substantial improvements
- Max fine
- $100.00; up to 30 days jail
Summary
New homes and substantial improvements in a mapped special flood hazard area of unincorporated Wayne County must have their lowest floor, the 'reference level,' built no lower than the regulatory flood protection elevation under Sec. 38-62(1). In shallow-flooding AO zones, Sec. 38-67 adds a two-foot freeboard above the FIRM's depth number or the highest adjacent grade.
Residential construction. 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 section 38-5 of this chapter. ... The reference level shall be elevated ... at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade if no depth number is specified.
Full Breakdown
Wayne County's flood damage prevention ordinance, Chapter 38, sets the elevation a structure must clear before the county will permit it in a special flood hazard area, the baseline standard for storm and hurricane flood resilience in unincorporated Wayne County. Sec. 38-62(1) requires new construction and substantial improvement of any residential structure, including manufactured homes, to have its reference level, including any basement, elevated no lower than the regulatory flood protection elevation (RFPE) defined in Sec. 38-5. Nonresidential structures in zones A, AE, AH, AO, and A99 may floodproof to the RFPE instead of elevating, but only with a registered professional engineer's or architect's certification submitted under Sec.
38-33(c). In AO zones, the shallow-flooding areas where a defined channel does not exist, Sec. 38-67(1) sets a distinct standard: the reference level must sit at least as high as the flood depth number printed on the FEMA flood insurance rate map, plus two feet of freeboard above the highest adjacent grade, or at least two feet above the highest adjacent grade if no depth number is shown. Every applicant must file an elevation certificate before construction begins and a final as-built certificate before the county issues a certificate of occupancy, per Sec.
38-33(c). Structures spanning more than one flood zone or elevation must meet the most restrictive zone's requirement and the highest base flood elevation, under Sec. 38-61(15).
Violations & Fines
Building below the required reference level or skipping the elevation certification is enforced the same as any other Chapter 38 violation: a Class 1 misdemeanor under G.S. 143-215.58 and Sec. 38-13, punishable by up to a $100.00 fine, up to 30 days in jail, or both, with each day of noncompliance a separate offense. The floodplain administrator can withhold a certificate of occupancy until a corrected elevation certificate is filed.
Frequently Asked Questions
How high above flood level must a Wayne County home be built?
What proof of elevation does Wayne County require?
Can a nonresidential building be floodproofed instead of elevated?
Sources & Official References
Other rules in Wayne County
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