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Wayne County, NC Hurricane Preparedness: Flood Elevation (2026)

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

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

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?
Sec. 38-62(1) requires the reference level, including any basement, of new construction or a substantial improvement to sit no lower than the regulatory flood protection elevation set for that flood zone. In AO shallow-flooding zones, Sec. 38-67(1) adds a two-foot freeboard above the FIRM's depth number, or two feet above the highest adjacent grade if no depth number is shown.
What proof of elevation does Wayne County require?
An elevation certificate, FEMA Form 086-0-33, is due before construction starts and again as a final as-built certificate before the county will issue a certificate of compliance or occupancy, under Sec. 38-33(c). The floodplain administrator reviews both and can withhold occupancy until deficiencies are corrected.
Can a nonresidential building be floodproofed instead of elevated?
Yes. Sec. 38-62(2) allows commercial and industrial structures in zones A, AE, AH, AO, and A99 to be floodproofed to the regulatory flood protection elevation instead of elevated, but a registered professional engineer or architect must certify the floodproofing meets the chapter's watertightness and structural load standards.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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