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Bensalem, PA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard
BFE plus 18 inches (AE/A1-30/AH zones)
Basements
Prohibited below lowest floor
AO zones
Elevate to FIRM depth number above grade
Non-residential option
Floodproof watertight to regulatory elevation
Overlay codes
2009 IBC/IRC, ASCE 24, 34 Pa. Code 401-405
Variance needed
Required before any new construction

Summary

New construction or substantial improvement in Bensalem Township's AE, A1-30 and AH flood zones must have its lowest floor elevated to the regulatory flood elevation, defined as the base flood elevation plus 18 inches of freeboard, under Sec. 104-42(1)a. New construction and substantial improvements are otherwise prohibited in identified floodplain areas absent a Zoning Hearing Board variance.

Within any identified floodplain area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in article VII, then the following provisions apply: (1)Residential structures.a.In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above the regulatory flood elevation (which is the BFE plus an 18" freeboard).

Full Breakdown

Sec. 104-42 of the Bensalem Township Code starts from a default prohibition: new construction and substantial improvements are banned outright within any identified floodplain area. A property owner may only build there after obtaining a variance under Article VII, and even then the elevation standard controls. For residential structures in AE, A1-30 and AH zones, Sec. 104-42(1)a requires the lowest floor, including any basement, to be elevated up to or above the regulatory flood elevation, defined in the chapter as the base flood elevation (BFE) plus an 18-inch freeboard.

In A zones with no BFE published on the FIRM, the lowest floor must instead reach the elevation the Floodplain Administrator determines under Sec. 104-31(3), using the nearest boundary point of the identified floodplain area. In AO zones, the lowest floor must sit at or above the highest adjacent grade, at least as high as the depth number printed on the FIRM. Non-residential structures face the same elevation rule at Sec. 104-42(2)a, or may instead be floodproofed watertight to the regulatory flood elevation, with structural components able to resist hydrostatic and hydrodynamic loads and buoyancy, certified by a registered professional engineer or architect.

Sec. 104-42(1)d and (2)e layer the 2009 International Building and Residential Codes, ASCE 24 and 34 Pa. Code Chapters 401 through 405 on top of these elevation and floodproofing standards wherever those codes are stricter, and historic structures undergoing repairs that would otherwise trigger the elevation rule may seek a limited exemption if full compliance would remove the building from the National Register of Historic Places.

Violations & Fines

Building without meeting the elevation or floodproofing standard is enforced the same way as any other Chapter 104 violation: the Floodplain Administrator issues a written notice giving up to 30 days to comply, and continued noncompliance is a summary offense fined between $25 and $600 plus costs of prosecution under Sec. 104-20(b), with each day of an uncorrected deficiency treated as its own violation and the noncompliant structure subject to a nuisance abatement action.

Frequently Asked Questions

What is Bensalem Township's freeboard requirement?
Sec. 104-42(1)a sets the regulatory flood elevation at the base flood elevation plus 18 inches of freeboard in AE, A1-30 and AH zones, and any new residential construction or substantial improvement there must have its lowest floor, including a basement, at or above that elevation.
Can I build a basement in a Bensalem floodplain?
No. Sec. 104-42(3)a prohibits basements outright below the lowest floor of any new construction or substantial improvement in an identified floodplain area, regardless of zone, and any fully enclosed space used for parking or storage must instead be designed with vents that let water enter and exit automatically.
Is there another way to meet the elevation rule for a business building?
Yes. Sec. 104-42(2)a lets non-residential structures skip elevating the lowest floor if the space below the regulatory flood elevation is instead floodproofed watertight, with walls substantially impermeable to water and structural components able to resist hydrostatic and hydrodynamic forces, certified by a registered engineer or architect.
Do older code editions ever apply instead?
Sec. 104-42(1)d requires the more restrictive of the 2009 International Building and Residential Codes, ASCE 24, and 34 Pa. Code Chapters 401 through 405 to control the design and construction standards layered on top of the elevation and freeboard rule.

Sources & Official References

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