Clarkstown, NY Environmental Rules: Flood Elevation Requirements (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?
What if my Zone A lot has no published base flood elevation?
Can a nonresidential building floodproof instead of elevating?
Sources & Official References
Other rules in Clarkstown
New York rules heatmap·Compare Clarkstown to another location·View the New York environmental rules overview
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