Remodeling in a Virginia Floodplain: Local Rules and the 50 Percent Rule

Virginia has one statewide building code, but it does not replace local floodplain rules. If your home is in a floodplain, those rules apply on top of the building code. In Norfolk, a large remodel or repair can require the whole building to meet current floodplain rules. Check this before you set the scope.

Why flooding matters in Virginia

When Hurricane Floyd reached Virginia in September 1999, up to 17 inches of rain fell in Hampton Roads. Up to 12 feet of water flooded Franklin and Zuni. Almost 300,000 people statewide lost power, and 9,250 homes were damaged, according to NOAA's Virginia hurricane history.

Statewide code, local floodplain rules

The Uniform Statewide Building Code replaces local building codes, and local building departments enforce it. State law makes exceptions. The code does not override historic district rules or local floodplain regulations adopted to take part in the National Flood Insurance Program.

Norfolk's substantial improvement rule

Norfolk defines substantial improvement as any rebuilding, rehabilitation, addition or other improvement that costs 50 percent or more of the building's market value before work starts. It also counts work that adds up to 50 percent over ten years. If the city finds a project is a substantial improvement, the property must come into full compliance with current regulations.

What counts toward the 50 percent

• Materials and labor, including site preparation and demolition.
• Structural elements, exterior finishes and interior finishes.
• Utility and service equipment.
• Construction management, contractor overhead and profit, and sales tax on materials.

What may be left out

• Plans and permit fees.
• Plug-in appliances and carpet laid over finished floors.
• Outside work such as landscaping, sidewalks and driveways.

Market value here is the building's recent appraised value without the land. Norfolk says this is the Improvement Value from the city's Real Estate Assessor.

Steps before you plan a remodel

1. Ask your local building department whether your property is in a regulated floodplain.
2. If it is, ask how the locality measures substantial improvement, and whether past permits count.
3. Find the building's assessed improvement value.
4. Compare a full written estimate against that value before you settle the scope.