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

Town Code § 112-17A sets the freeboard standard for residential construction in areas of special flood hazard shown on the Flood Insurance Rate Map adopted at § 112-6 for Community Number 360573. Within Zones A1-A30, AE, and AH, and in Zone A when base flood elevation data exist, new construction and substantial improvements must have the lowest floor, including any basement, elevated to or above two feet above the base flood elevation. In Zone A without base flood elevation data, the lowest floor must sit at least three feet above the highest adjacent grade, and in Zone AO the lowest floor must clear the FIRM's depth number by at least two feet, or two feet if no depth number is shown.

In Zones AH and AO, § 112-17A(4) also requires adequate drainage paths to route floodwaters around and away from the structure on sloped lots. These standards apply on top of the subdivision and encroachment rules in § 112-15 and the anchoring, construction-material, and utility-elevation standards in § 112-16, which separately requires new electrical, heating, and plumbing equipment to sit at least two feet above the base flood elevation. Nonresidential buildings face a parallel two-foot freeboard or floodproofing standard under § 112-18. Compliance is confirmed through the certification and inspection process in §§ 112-13 and 112-14 before the Planning and Development Department issues a certificate of compliance.