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Brockton, MA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Overlay basis
FEMA Zone A/AE, Plymouth County FIRM 7/17/2012
Zone A elevation data
Applicant must supply existing BFE data
Floodway rule
No-rise certification required for encroachments
Below-BFE construction
Requires Zoning Board of Appeals special permit
Review agencies
14-day comment: DPW, health dept., planning board

Summary

Brockton's Floodplain District overlay covers every FEMA Zone A and AE parcel on the Plymouth County Flood Insurance Rate Map (panels dated July 17, 2012). In Zone A, where the FIRM lists no base flood elevation, the applicant must supply existing, reasonable elevation data, and building below the base flood elevation is allowed only by a Zoning Board of Appeals special permit.

Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall produce any already existing, reasonable, base flood elevation data and it shall be used to meet the requirements of the state building code. ... All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas... If a special permit is granted the zoning board of appeals shall notify the applicant in writing that: (1) The issuance of such a special permit to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).

Full Breakdown

The overlay applies under § 27-36(4) to "all development in the district, including structural and non-structural activities, whether permitted by right or by special permit," layering Brockton's own standards on top of Mass. Gen. Laws ch. 131, § 40 and the floodplain sections of the state building code, 780 CMR. In the floodway shown on the FIRM, no fill, new construction or substantial improvement is allowed unless a registered professional engineer or architect certifies it will cause no increase in the flood level during a 100-year flood; where Zone A or AE has no mapped regulatory floodway, the city uses the best available federal, state or local data to block encroachments that would raise flood levels.

New and replacement water and sewer systems in the district must be designed to keep flood water out of the pipes and out of anything the pipes discharge. Anyone proposing to alter or relocate a watercourse must notify neighboring communities, the state NFIP coordinator at the Department of Conservation and Recreation, and FEMA's Region I office in Boston. A property owner who wants to build below the base flood elevation needs a special permit from the Zoning Board of Appeals, which may grant one only if it finds the land is not actually flood-prone, the action is consistent with the ordinance's purpose, it is the minimum relief necessary, and, on half-acre lots or smaller, the site is surrounded by existing structures already built below base flood level.

The application must include a site plan certified by a registered engineer, land surveyor or landscape architect showing existing and proposed contours at two-foot intervals, plus an environmental assessment; the Board circulates both to the building inspector, DPW's highway, sewer and water divisions, the planning board, the health department and the conservation commission for 14 days of written comment before it can decide.

Violations & Fines

Building below the base flood elevation without a Board of Appeals special permit, or filling the floodway without an engineer's no-rise certification, violates § 27-36 and is enforced the same as any zoning violation: the inspector of buildings under § 27-51 may refuse a building permit or certificate of occupancy until the property conforms. Where a special permit is granted for construction below base flood elevation, the Board must warn the applicant in writing that flood insurance premiums can run as high as $25 per $100 of coverage.

Frequently Asked Questions

Can I build below the base flood elevation in Brockton?
Only with a special permit from the Zoning Board of Appeals under § 27-36(4). The Board must find the lot isn't actually flood-prone, that the request is the minimum necessary, and, on lots of a half-acre or less, that it sits among existing structures already built below the base flood level.
What if FEMA's map doesn't list a base flood elevation for my Zone A lot?
Section 27-36(4)(a)(1) requires you to produce whatever existing, reasonable base flood elevation data is available and use it to meet the state building code's requirements, since the FIRM itself does not supply a number for every Zone A parcel.
Does building in the floodway automatically get blocked?
Not automatically, but § 27-36(4)(b) bars fill, new construction and substantial improvements in the mapped floodway unless a registered professional engineer or architect certifies the work will not raise flood levels during a 100-year flood event.

Sources & Official References

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