Skip to main content
CityRuleLookup

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

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

Key Facts

Freeboard requirement
2 feet above base flood elevation
Zone AO minimum
3 feet if no depth number specified
Governing chapter
Town Code Ch. 146, Floodplain Management
Reviewing body
Local administrator; appeals to ZBA
Applies to
New construction & substantial improvements in SFHA

Summary

In Clarkstown's mapped special flood hazard areas, new construction and substantially improved homes must set the lowest floor, including the basement, at least two feet above the base flood elevation. Nonresidential buildings meet the same two-foot freeboard mark or floodproof to it.

Within special flood hazard areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.

Full Breakdown

Town Code Chapter 146, the Town's floodplain management law, sets the elevation floor for building in any area of special flood hazard shown on the Flood Insurance Rate Map adopted at § 146-4B. Under § 146-6C(1)(a), new construction and substantial improvements to residential structures must have the lowest floor, including the basement, elevated to or above two feet above the base flood elevation (BFE), that is, two feet of freeboard above the FEMA-mapped flood level. Where a Zone A parcel has no published BFE, § 146-6C(1)(b) requires the applicant either to obtain federal, state or other data and add two feet of freeboard, or to have a registered design professional determine the BFE using accepted hydrologic and hydraulic engineering practices, plus freeboard, with studies submitted in enough detail for the local administrator to review.

In Zone AO, the lowest floor must sit above the highest adjacent grade at least as high as the FIRM's depth number plus two feet, or three feet if no depth number is shown. Nonresidential structures under § 146-6D(1) must either meet the same two-foot-above-BFE elevation or be floodproofed watertight below that line, with attendant utility and sanitary facilities protected and structural components able to resist hydrostatic and hydrodynamic loads. Accessory structures, including detached garages, follow § 146-6F: portions below BFE plus two feet must use flood-resistant materials, and mechanical/utility equipment must be elevated or dry floodproofed to that same line.

Manufactured homes under § 146-6E(2) must have the chassis frame elevated to or above two feet above the BFE. The local administrator reviews all applications against § 146-6 before issuing a permit, and a proposed development that fails these standards or would cause physical damage to other property cannot be permitted as submitted.

Violations & Fines

Building without a floodplain development permit, or building below the required elevation, blocks issuance of a certificate of occupancy until the local administrator confirms the structure meets § 146-6. An engineer's or architect's elevation or floodproofing certificate is required before final sign-off on any residential or nonresidential structure claiming compliance. Appeals from the local administrator's denial or a variance request go to the Zoning Board of Appeals, and further appeal runs to the Supreme Court under CPLR Article 78.

Frequently Asked Questions

How high above the flood line must a new house be built in Clarkstown?
The lowest floor, including the basement, must sit at or above two feet above the base flood elevation shown on the Flood Insurance Rate Map, per § 146-6C(1)(a) of the Town Code. That two feet is the town's required freeboard margin above the FEMA-mapped flood level.
What if my Zone A lot has no published base flood elevation?
Under § 146-6C(1)(b), you must either use available federal, state or other data plus two feet of freeboard, or have a registered design professional calculate the BFE using accepted hydrologic and hydraulic methods, plus freeboard, and submit supporting studies for review.
Can a nonresidential building floodproof instead of elevating?
Yes. Section 146-6D(1)(b) allows commercial and industrial buildings to be floodproofed watertight below two feet above the base flood elevation instead of physically elevating the lowest floor, provided a licensed engineer or architect certifies the design meets NFIP standards.

Sources & Official References

Other rules in Clarkstown

All Clarkstown rules

New York rules heatmap·Compare Clarkstown to another location·View the New York environmental rules overview

Get notified when Flood Elevation Requirements in Clarkstown, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.