In all Special Flood Hazard Areas the following provisions are required.
In the flood fringe area as indicated on the FIRM, no fill whatsoever shall be allowed except on parcels of
land, the boundaries of which are of record in the Henderson County Registry as of the original date of
adoption of these regulations (July 5, 2005) , and then only upon no more than 20 percent of the total of
the flood fringe area contained in each such parcel, except that additional fill may be permitted in the flood
fringe pursuant to a special fill permit (See §42-355 (Special Fill Permits).
All new construction and substantially improvements shall be:
Designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure.
Constructed with materials and utility equipment resistant to flood damage.
Constructed by methods and practices that minimize flood damages.
All new utility equipment, substations, lines and other materials used in the provision of services to the
public such as telephone, electricity, natural gas, and cable television shall be located outside a floodplain,
unless no viable alternative exists.
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be
designed and/or located so as to prevent water from entering or accumulating within the components during
conditions of flooding to the Regulatory Flood Protection Elevation. These include but are not limited to
HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electrical/gas meter panels/boxes,
utility/cable boxes, appliances (i.e. washers, dryers, refrigerator, etc.), hot water heaters, electric
All new and replacement water supply systems shall be located outside the Special Flood Hazard Area,
unless no other viable alternative exists. Where they must be placed in the SFHA the systems shall be
designed to minimize or eliminate infiltration of flood waters into the system, and also to meet all other
applicable State and local requirements.
All new and replacement sanitary sewage and on-site waste disposal systems shall be located outside the
Special Flood Hazard Area, unless no other viable alternative exists. Where they must be placed in the
SFHA the systems shall be designed to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters, and also to meet all other applicable State and local
On-site waste disposal systems constructed near or adjoining Special Flood Hazard Areas shall be located
and constructed to avoid impairment to them or contamination from them during flooding.
No new private wells shall be located within the Special Flood Hazard Area unless no viable alternative
exists and that such wells meet all other applicable state and local requirements. Private wells constructed
near or adjoining Special Flood Hazard Areas shall be located and constructed to minimize or eliminate
infiltration of flood water into the system.
Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the
provisions of this Subpart A, shall meet the requirements of new construction as contained in this Subpart
Any fill material on which a structure is located shall:
Be extended to grade ten (10) feet beyond the limits of the structure foundation;
Be graded to drain;
Be protected against erosion;
Have a side slope no steeper than two (2) feet horizontal to one (1) foot vertical;
Not contain any contaminated, toxic or hazardous materials; and
Be approved before placement.
Nonconforming structures or other development may not be enlarged, replaced, or rebuilt unless such
enlargement or reconstruction is accomplished in conformance with the provisions of this Subpart A.
Provided, however, nothing in this subpart shall prevent the repair, reconstruction, or replacement of a
structure existing on the original effective date of these regulations (July 5, 2005) and located totally or
partially within the floodway, non-encroachment area, or stream setback, provided that the bulk of the
structure below the Regulatory Flood Protection Elevation in the floodway, non-encroachment area, or
stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of
the other requirements of this Subpart A, and nothing in this Subpart A shall prevent the permitted
maintenance, repair, reconstruction or replacement of agriculture-related water diversion structures where
the permit for the same is granted by other than Henderson County. No permit shall be required from
Henderson County to reconstruct agricultural development which pre-exists the original effective date of
these regulations (July 5, 2005).
The following are permitted uses for the flood fringe: all uses otherwise permitted by the applicable land
use regulations, so long as such uses are in compliance with the terms of this Subpart A.
New solid waste disposal facilities and sites, hazardous waste management facilities, solid waste sites,
salvage yards, and chemical storage facilities shall not be permitted in Special Flood Hazard Areas, except
by variance as specified in Subpart A and §42-368 (Variances (Flood Damage Prevention)). A structure or
tank for chemical or fuel storage incidental to an allowed use, including but not limited to agriculture, or to
the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood
Hazard Area only if the structure or tank is either elevated or flood proofed to at least the Regulatory Flood
Protection Elevation and certified according to §42-350 (Floodplain Development Permits) C(2)
All subdivision and other development proposals shall:
Be consistent with the need to minimize flood damage;
Have public utilities and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage;
Have adequate drainage provided to reduce exposure to flood hazards; and
Have received all necessary permits from those governmental agencies for which approval is
required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the
requirements for new construction and substantial improvements.
When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple Base
Flood Elevations (BFEs), the provisions for the more restrictive flood hazard risk zone and the highest
Base Flood Elevation (BFE) shall apply.