Chapter 46 FLOODS
Plain English: what this part covers
This chapter is Ashburn's flood damage prevention ordinance, the set of rules that keeps the city in the National Flood Insurance Program. It applies to FEMA-mapped flood hazard areas: you need a development permit before building or filling there, new homes have to be raised above expected flood levels, and floodways have to stay clear. It doesn't cover everyday ditch or yard flooding outside the mapped zones.
- Lowest floor at least 1 foot above base flood elevation (Sec. 46-82(1))
- Unmapped-elevation A-zones: lowest floor at least 3 feet above highest adjacent grade (Sec. 46-83(3))
- A-zone stream setback: stream width or 20 feet from top of bank, whichever is greater (Sec. 46-83(2))
- Substantial damage or improvement threshold: 50% of market value, counted over a 5-year period for improvements (Sec. 46-35)
- Flood vents: at least 2 openings, 1 square inch per square foot of enclosed area, bottom no more than 1 foot above grade (Sec. 46-81(4))
- Manufactured home piers: at least 36 inches (Sec. 46-82(3)b)
Cross reference— Buildings and building regulations, ch. 18; environment, ch. 38; health and sanitation, ch. 50; planning, ch. 66; streets, sidewalks and other public places, ch. 74; utilities, ch. 86; zoning, app. A.
State Law reference— Georgia Safe Dams Act of 1978, § 12-5-370 et seq.; construction and operation of watershed and flood control projects by counties, O.C.G.A. § 22-3-100 et seq.
What's in here
Questions folks ask
How do I find out if my property is in a flood zone?
The FEMA flood study and maps adopted by the code are kept for public inspection at Ashburn City Hall, 259 East Washington Avenue. The code still names the August 3, 2009 study, but FEMA has since issued new Turner County maps, so ask City Hall for the current map. The building department decides questions about exact zone boundaries.
Do I need a permit to build, add on, or bring in fill dirt in a flood zone?
Yes. A development permit from the building department is required before any development in a special flood hazard area. The code defines development broadly to include buildings, filling, grading, paving and storing materials. Applications need elevation information, and you must turn in an as-built elevation certificate once the lowest floor is in.
How high does a new house have to sit in a flood zone?
Where a base flood elevation is mapped, the lowest floor (including any basement) and the heating, cooling and electrical equipment must be at least 1 foot above it. In mapped A-zones with no elevation data, it's at least 3 feet above the highest adjacent ground. In AO shallow-flooding zones, it's the depth shown on the map, or 3 feet if none is shown.
Can someone fill in or build next to a creek?
In a mapped floodway, fill and construction are banned unless an engineer shows it won't raise flood levels at all. Along A-zone streams without detailed data, nothing can go within the stream's width or 20 feet of the top of the bank, whichever is greater, unless an engineer certifies it won't raise flood levels more than 1 foot.
My house flooded. Do I have to raise it before I repair it?
Possibly. If repairs would cost 50% or more of the building's pre-damage market value, it counts as 'substantial damage' and has to meet the standards for new construction, including elevation. The building department makes substantial damage determinations after a flood.
What are the rules for a mobile home or RV in a flood zone?
Manufactured homes must be anchored against flotation and generally raised so the lowest floor is 1 foot above base flood elevation. In some existing parks, they can instead sit on reinforced piers at least 36 inches high. An RV must be on site fewer than 180 consecutive days or stay road-ready, or else meet the rules for new construction.
Does this chapter cover the ditches that flood on my street?
Mostly no. The article applies to areas of special flood hazard, meaning FEMA-mapped zones, though the code says those can also include areas known to have flooded historically. It also warns that land outside mapped areas may still flood and that the city isn't liable for flood damage. Ditch and drainage complaints are better taken straight to the city.
How do I appeal a flood zone decision or ask for a variance?
The city's planning advisory commission hears appeals and variance requests. Variances need good cause and exceptional hardship, can't increase flood heights, and are never allowed in a floodway if flood levels would rise. You can appeal the commission's decision to Turner County Superior Court.
This is a plain-English guide, not legal advice. The official code is on Municode and at City Hall. Our copy is from April 30, 2026.
Online: https://jamesburgessleads.com/city-code/PTIICOOR_CH46FL
Official version: https://library.municode.com/GA/Ashburn/codes/Code_of_Ordinances?nodeId=PTIICOOR_CH46FL
Paid for by James Burgess