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Albany, NY Environmental Rules: Flood Elevation Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Freeboard requirement
1 foot above base flood elevation
Applicable zones
A1-A30, AE, AH (Zone A if data exist)
Basement rule
Basement counts as lowest floor
Administrator
Chief Building Official
Governing provision
USDO § 375-206(3) FP-O

Summary

Albany's floodplain ordinance requires new construction and substantial improvements in Zones A1-A30, AE, and AH to elevate the lowest floor at least one foot above the base flood elevation, exceeding the federal minimum.

Within Zones A1-A30, AE and AH and also Zone A, if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above one foot above the base flood elevation.

2. Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

3. Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 375-206(3) (at least two feet if no depth number is specified).

4. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(iv) Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A and B and 375-206(3)(g)(ii).

A. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either:

1.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).

Full Breakdown

Albany's Floodplain Overlay (FP-O), City Code § 375-206(3)(g)(iii)A(1), requires new construction and substantially improved residential structures in Zones A1-A30, AE, and AH, plus Zone A where base flood elevation data exist, to elevate the lowest floor, including any basement, to or above one foot above the base flood elevation. That extra foot is freeboard: it beats the National Flood Insurance Program's bare minimum of elevating to BFE, cushioning against survey error and future map revisions. The Chief Building Official, named local floodplain administrator under § 375-206(3)(e), issues the permits that enforce it.

Violations & Fines

Building without the required freeboard elevation violates the floodplain development permit and can void National Flood Insurance Program coverage; the Chief Building Official denies occupancy or orders retrofits to meet § 375-206(3)(g)(iii)A(1).

Frequently Asked Questions

Does Albany require extra elevation above the federal flood minimum?
Yes. Albany's code requires the lowest floor, including any basement, to sit at least one foot above the base flood elevation in high-risk zones: a stricter standard than FEMA's bare minimum.
What if my property is in Zone A with no elevation data?
The lowest floor must be elevated at least three feet above the highest adjacent grade instead of using a base flood elevation figure.

Sources & Official References

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