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Delaware County, PA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard margin
1.5 feet above 100-yr flood
Defined term
Regulatory flood elevation (§62-12)
Sewer/water floor
Floodproofed to regulatory elevation
Fill extent required
15 ft beyond structure (§62-10C)
Applies where
No municipal floodplain ordinance filed

Summary

Delaware County's floodplain code sets the "regulatory flood elevation" at the one-hundred-year flood elevation plus a 1.5-foot freeboard safety margin. Chapter 62 requires building sites, sewer systems, water systems and other utilities in a designated floodplain district to be elevated or floodproofed up to that regulatory elevation before the county will approve a subdivision plan.

These county ordinances apply to unincorporated areas of Delaware County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

REGULATORY FLOOD ELEVATION The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet. STRUCTURE Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, mobile homes, and other similar items. SUBDIVISION The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other division of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.

Full Breakdown

Section 62-12, the chapter's definitions article, fixes "regulatory flood elevation" as the one-hundred-year flood elevation plus a freeboard safety factor of one and one-half feet; "freeboard" itself is defined as a safety factor expressed in feet above a flood level. The one-hundred-year flood is the flood with a one-percent chance of occurring in any given year, as delineated in the federal Flood Insurance Studies covering Delaware County municipalities. That elevation standard runs through the chapter's design rules: §62-10C requires any residential site outside a floodway to be elevated to the regulatory flood elevation before it can be used, with fill extending at least 15 feet beyond the structure.

Section 62-10D lets the County Planning Commission approve commercial or industrial sites below the regulatory elevation only if the developer floodproofs to that same height. Section 62-11D requires public sanitary sewer systems in a designated floodplain district to be floodproofed up to the regulatory flood elevation, and bars soil-absorption sewage systems where groundwater or flooding would defeat them. Section 62-11E applies the identical floodproofing floor to public and private water systems, and §62-11F extends it to every other public or private utility, including gas and electric service.

Like the rest of Chapter 62, this standard applies only in Delaware County municipalities of the First or Second Class that have no floodplain-compliant subdivision ordinance of their own on file with the County Planning Department, per §62-5; where a municipality has adopted and filed its own compliant ordinance, that local freeboard standard controls instead.

Violations & Fines

There is no separate fine for missing the freeboard mark; the elevation requirement is enforced at the plan-approval stage. Section 62-9 requires final plans to show the exact elevation of every proposed building, road and utility, and the Delaware County Planning Commission will not approve a final plan that leaves a structure below the regulatory flood elevation.

Frequently Asked Questions

What is Delaware County's freeboard requirement?
Section 62-12 defines the regulatory flood elevation as the one-hundred-year flood elevation plus a freeboard safety factor of one and one-half feet. Every building site, sewer line, water system and utility in a designated floodplain district must be built or floodproofed up to that combined elevation before the county will approve the plan.
Do water and sewer lines have to meet the same elevation as buildings?
Yes. Sections 62-11D, E and F require public sanitary sewer systems, public and private water systems, and other public or private utilities such as gas and electric lines within a designated floodplain district to be floodproofed up to the regulatory flood elevation, the same standard applied to building sites under §62-10C.
Is this county freeboard rule the same everywhere in Delco?
No. Under §62-5, Chapter 62 only governs municipalities that lack their own floodplain-compliant subdivision ordinance on file with the County Planning Department. A municipality that has adopted and filed its own compliant ordinance applies its own freeboard or elevation standard instead of the county's 1.5-foot figure.

Sources & Official References

Other rules in Delaware County

All Delaware County rules

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