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Fargo to remove 2014 "41‑foot" requirement, renew FEMA basement exception and align flood rules with FEMA standards

June 23, 2025 | Fargo , Cass County, North Dakota


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Fargo to remove 2014 "41‑foot" requirement, renew FEMA basement exception and align flood rules with FEMA standards
The Fargo City Commission approved recommended updates to the city’s floodproof construction policy, removing a special “41‑foot” elevation requirement introduced in 2014 and authorizing staff to submit a renewal request to FEMA to continue the community’s basement exception.

Nathan Birboom, city planner, explained the Western Cass flood insurance study and said the letter of final determination from FEMA requires the city to update ordinances and policies to remain in the National Flood Insurance Program (NFIP). He said the proposal removes the 2014 requirement that new structures within a specific 41‑foot inundation area include flood‑proof basements, reverting to the existing standard of the FEMA base flood elevation (BFE) plus two feet for new construction in the 100‑year floodplain.

“That is the same requirement that exists today,” Birboom said, adding that “flood proof basements will still be required in any areas that are within the 100‑year floodplain or areas removed from the 100‑year floodplain which is the minimum requirement that FEMA has.” He said removing the 41‑foot requirement will lower costs for new homes outside the 100‑year floodplain because flood‑proof basement construction will no longer be mandatory in that overlay.

Birboom described Fargo’s basement exception as uncommon nationally; in the NFIP’s roughly 26,000 participating communities, about 50 have a basement exception and 14 of those are in North Dakota. He said Fargo has maintained a basement exception since 1975 and that structures built under the current flood‑proof basement design have not failed. The commission approved the policy updates and authorized staff to submit the basement exemption renewal request to FEMA by roll call.

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