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

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

Key Facts

Governing chapter
Ch. 125, Flood Damage Prevention
Utility freeboard
2 feet above base flood elevation
Above-ground tank standard
Anchored, or 2 feet above BFE
Nonresidential structure standard
2 feet above BFE, or floodproofed
Certification required
Licensed engineer or architect

Summary

Beyond the two-foot residential freeboard standard, Cheektowaga requires flood-zone utility equipment and above-ground storage tanks to sit at least two feet above the base flood elevation, or be engineered to resist floodwater intrusion entirely.

C. Utilities. (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation... D. Storage tanks. (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. (2) Aboveground tanks shall be: (a) Anchored to prevent flotation, collapse or lateral movement during conditions of the base flood; or (b) Installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in § 125-6 plus two feet.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Chapter 125's structural standards, applying Town-wide in mapped special flood hazard areas outside the Villages of Sloan and Depew, go beyond simply raising living space. Section 125-16C requires new and replacement electrical, heating, ventilating, air conditioning, and plumbing service equipment to be located at least two feet above the base flood elevation, or three feet above the highest adjacent grade in an unstudied Zone A, unless it is instead designed to keep floodwater from entering and accumulating during a flood and to resist hydrostatic and hydrodynamic loads.

Sanitary sewer and storm drainage lines serving buildings with openings below the base flood elevation must carry automatic backflow valves at each point they pass through an exterior wall (§ 125-16C(3)). Section 125-16D applies the same two-foot freeboard logic to storage tanks: underground tanks must be anchored against flotation and lateral movement, and above-ground tanks must either be anchored the same way or installed at or above the base flood elevation plus two feet. Nonresidential structures get an equivalent standard under § 125-18A: the lowest floor, including any basement or cellar, must be elevated to or above two feet above the base flood elevation, or the building must be floodproofed watertight to that same two-foot-above-BFE line, with a licensed engineer or architect certifying the floodproofing design to the local administrator (§ 125-18C). These freeboard figures come directly from the Town's FEMA-based Flood Insurance Rate Maps adopted at § 125-6, effective June 7, 2019.

Violations & Fines

Installing utility equipment, tanks, or a nonresidential structure below the required freeboard elevation without an engineer-certified floodproofing alternative violates § 125-9, punishable by a fine of up to $250 or 15 days' imprisonment, or both, per day of noncompliance. The local administrator can withhold or revoke a certificate of compliance until certified as-built elevations or floodproofing documentation are submitted (§ 125-14G, § 125-18C).

Frequently Asked Questions

How high must furnace or electrical equipment sit in a Cheektowaga flood zone?
Section 125-16C requires new or replacement heating, air conditioning, plumbing, and electrical service equipment to be located at least two feet above the base flood elevation, unless it is instead designed to prevent floodwater from entering and accumulating.
Are above-ground fuel tanks regulated in flood hazard areas?
Yes. Section 125-16D requires above-ground storage tanks to either be anchored against flotation and lateral movement during a base flood, or installed at or above the base flood elevation plus two feet.
Can a commercial building be floodproofed instead of elevated?
Yes. Section 125-18A allows a nonresidential structure to be floodproofed watertight to two feet above the base flood elevation instead of physically elevating the lowest floor, but a licensed engineer or architect must certify the design under § 125-18C.

Sources & Official References

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