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

Charter Article 31, Flood Damage Prevention, applies to every area of special flood hazard within Community Identification Number 360230, mapped on Flood Insurance Rate Map panels effective June 7, 2019 and the Flood Insurance Study for Erie County dated June 16, 2021, all on file with the Division of Engineering, 65 Niagara Square, Room 605. Under § 31-5, Subsec. 3-1, new construction and substantial improvements in Zones A1-A30, AE and AH with available base flood elevation data must have the top of the lowest floor, including any basement, at or above two feet over the base flood elevation.

Where no elevation data exist in Zone A, the applicant's registered design professional must set the base flood elevation from federal, state or engineered data plus two feet of freeboard. Zone AO structures must clear the mapped depth number (or two feet if none is shown) plus one foot of freeboard. Coastal Zones V1-V30 and VE require the lowest horizontal structural member elevated two feet above base flood elevation under § 31-5, Subsec. 4-1. Before any of this work starts, § 31-4 requires a floodplain development permit from the Local Administrator, with a $250 application fee and a deposit of up to $500 for review and inspection costs.

Once the lowest floor is placed, the permit holder must submit an as-built elevation certificate signed by a licensed engineer or surveyor, and a certificate of compliance under Subsec. 4-7 is required before the building can be occupied. The law was most recently amended 5-25-2021 by Local Law No. 1-2021.