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

Amherst adopted its floodplain law under § 7-7 of the Zoning Ordinance, tying local rules to FEMA's Flood Insurance Rate Maps effective June 7, 2019 and the 2019 Flood Insurance Study for Erie County, both on file with the Town Clerk and Building Department at 5583 Main Street, Williamsville (§ 7-7-5B). Anyone developing in an area of special flood hazard needs a floodplain development permit from the Local Administrator, the Commissioner of Building, before construction; the application fee is $300 for the first acre of lot area plus $150 for each additional contiguous acre, or a flat $150 for an accessory structure of 600 square feet or less tied to a one- or two-family home, and the Local Administrator can require a deposit of up to $500 to cover extra review and inspection costs (§ 7-7-6B(2)).

For residential structures, § 7-7-7C(1)(a) requires the lowest floor, including any basement, elevated to or above two feet above the base flood elevation in Zones A1-A30, AE and AH, and in Zone A wherever base flood elevation data exist; where Zone A has no such data, § 7-7-7C(1)(b) instead requires at least three feet above the highest adjacent grade. Non-residential buildings get the same two-foot freeboard or must be floodproofed watertight to that level (§ 7-7-7D). Before occupancy, the owner must submit an as-built elevation certificate prepared by a licensed engineer or surveyor, and the Local Administrator will not issue a certificate of compliance without it (§ 7-7-6D(4), (7)).