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

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

Key Facts

A-zone freeboard
2 ft above base flood elevation
Zone A, no BFE data
3 ft above highest grade
Zone AO
2 ft above FIRM depth number
Coastal V-zones
Lowest member 2 ft above BFE
Certification required from
Licensed engineer or surveyor
Governing section
Ch. 33, § 33-5

Summary

Under Chapter 33, any new home or substantially improved structure in a Zone A1-A30, AE or AH flood hazard area on Brookhaven's FEMA maps must have its lowest floor, including any basement, elevated to at least two feet above the base flood elevation. Homes in coastal V-zones must be raised on pilings or shear walls the same two feet, certified by a licensed engineer or surveyor.

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 two feet above the base flood elevation. ... New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor ... is elevated to two feet above base flood elevation so as not to impede the flow of water.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Section 33-5C sets elevation standards for residential structures outside coastal high-hazard areas. In Zones A1-A30, AE and AH (and Zone A where base flood elevation data exist), the lowest floor, including any basement, must sit at or above two feet above the base flood elevation. Where Zone A has no base flood elevation data, the floor must instead be at least three feet above the highest adjacent grade. In Zone AO, the floor must be elevated above the highest adjacent grade at least as high as two feet above the depth number printed on the Flood Insurance Rate Map, or two feet if no depth number is given.

Section 33-5D covers coastal high-hazard areas (Zones V1-V30, VE, V, or an area of moderate wave action): new construction and substantial improvements must be elevated on pilings, columns, or shear walls so the bottom of the lowest horizontal structural member supporting the floor sits two feet above base flood elevation, engineered to withstand simultaneous wind and water loads. Fill and spread footings cannot be used for structural support in these coastal zones. Enclosed space below the lowest floor is limited to parking, building access, or storage, and must include flood vents meeting a minimum of one square inch of net opening per square foot of enclosed area, with openings no higher than one foot above the lowest adjacent grade.

After the lowest floor is completed, the permit holder must submit an as-built elevation certificate, prepared by a licensed land surveyor or professional engineer, to the Chief Building Inspector under § 33-4D(4).

Violations & Fines

A structure built below the required elevation is out of compliance with Chapter 33 and subject to a fine of up to $250 or up to 15 days in jail under § 33-3E, with each day of noncompliance a separate offense. The local administrator can also issue a stop-work order under § 33-4D(4)(c) if the submitted elevation certification is deficient, and any structure lacking an approved variance is reported to FEMA.

Frequently Asked Questions

How high above flood level must I elevate a new home in Brookhaven?
In Zones A1-A30, AE, and AH, § 33-5C(1)(a) requires the lowest floor, including any basement, to sit at or above two feet above the base flood elevation shown on the FEMA map for your property.
What if my lot is in a coastal V zone?
Section 33-5D(1) requires the home to be elevated on pilings, columns, or shear walls so the bottom of the lowest horizontal structural member supporting the floor sits two feet above base flood elevation, engineered to resist storm wave and wind loads.
Who verifies the elevation was built correctly?
A licensed land surveyor or professional engineer must certify the as-built lowest-floor elevation to the Chief Building Inspector, Chapter 33's local administrator, once construction of the floor is complete, per § 33-4D(4).

Sources & Official References

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