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Bergenfield, NJ Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Base freeboard
1 foot above flood hazard data
AO Zone default
3 feet above adjacent grade
Class IV critical facilities
500-year flood + 2 feet
Governing standard
ASCE 24 + N.J.A.C. 7:13
Administering official
Construction Official / Floodplain Administrator

Summary

Bergenfield adds a mandatory buffer above the mapped flood line for new construction: Borough Code § 161-12 sets the local design flood elevation at the best available flood data plus at least one foot of freeboard, rising to two additional feet above the 500-year flood elevation for Class IV critical facilities under the ASCE 24 standard.

The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 161-11 above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this chapter. At a minimum, the local design flood elevation shall be as follows: A. For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 161-11 above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or ... D. Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.

Full Breakdown

Section 161-12 defines the local design flood elevation, or LDFE, as the baseline every Bergenfield floodplain development permit is measured against, built from the flood hazard areas identified in § 161-11, the state Flood Hazard Area Control Act's minimum statewide elevation requirements for lowest floors in A, Coastal A and V zones, ASCE 24 requirements for critical facilities, plus additional freeboard the chapter itself adds. C. 7:13 describes if that is greater. C. 7:13, again plus one foot of freeboard and any additional freeboard ASCE 24 requires.

In Zone AO areas, § 161-12C sets the LDFE at the FIRM's highest adjacent grade plus the panel's depth number plus one foot, or three feet above the highest adjacent grade if no depth number is shown. 2%-annual-chance (500-year) flood elevation or the flood hazard area design flood elevation, plus an additional two feet of freeboard under ASCE 24.

Violations & Fines

Building below the required local design flood elevation is a violation of Chapter 161 and, under § 161-8, is punishable by a fine of up to $1,250, imprisonment for up to 90 days, or up to 90 days of community service, with the Construction Official able to require the owner to cure the deficiency within 30 days before an increased fine applies.

Frequently Asked Questions

How much freeboard does Bergenfield require above the flood line?
Section 161-12 sets a minimum of one foot of freeboard above the best available flood hazard data elevation for most delineated watercourses, though undelineated watercourses and AO zones can require different calculations, and Class IV critical facilities must add a full two feet above the 500-year flood elevation.
What elevation applies to a critical facility like a hospital in a Bergenfield flood zone?
Section 161-12D requires new or substantially improved Class IV critical facilities to be built to the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation, plus an additional two feet of freeboard as required by the ASCE 24 standard.
What if my property is on an undelineated stream in Bergenfield?
Section 161-12B requires an applicant on an undelineated watercourse with 50 or more acres of contributory drainage to submit either an unexpired NJDEP Flood Hazard Area Verification or a sealed Method 5 or Method 6 determination under N.J.A.C. 7:13, in both cases adding at least one foot of freeboard plus any ASCE 24 requires.

Sources & Official References

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