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Clifton, NJ Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Base freeboard
1 foot above best available flood data
Class IV critical facility freeboard
2 feet above 500-yr or FHACA elevation
Class III critical facility freeboard
1 additional foot in coastal high hazard
AO Zone default (no depth number)
3 feet above highest adjacent grade
Verification required
Elevation certificate at permit, § 239-74

Summary

Clifton requires new construction in flood hazard areas to meet a local design flood elevation that adds at least one foot of freeboard above the best available flood data, with two feet required for critical facilities.

§ 239-12. Establishing the local design flood elevation (LDFE). A. The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 239-11, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this chapter. B. At a minimum, the local design flood elevation shall be as follows: (1) For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 239-11 above plus one foot or as described by N.J.A.C. 7:13 of freeboard...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963532; v64 updated 2026-07-21; through 07-21-2026).

Full Breakdown

Chapter 239, § 239-12 sets Clifton's local design flood elevation (LDFE) using the best available flood hazard data from § 239-11, the Flood Hazard Area Control Act's statewide minimum elevation requirements for lowest floors in A, Coastal A and V Zones, ASCE 24 requirements for critical facilities, plus additional freeboard set by the chapter (§ 239-12A). C. 7:13; an undelineated watercourse with 50 or more acres of drainage area requires either an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard, or a sealed engineering determination under FHACA Method 5 or 6 plus one foot of freeboard and any additional ASCE 24 freeboard (§ 239-12B(1), (2)).

In AO Zones, the LDFE is the FIRM's highest adjacent grade plus the specified depth number plus one foot of freeboard, or three feet above grade if no depth number is given (§ 239-12B(3)). Class IV critical facilities must clear the higher of the 500-year flood elevation or the flood hazard area design flood elevation plus two feet of freeboard, while Class III critical facilities in coastal high hazard areas need one additional foot (§ 239-12B(4), (5)). Section 239-74 then requires the lowest floor, including basement, of new construction and substantial improvements of habitable buildings, along with attendant utilities and sanitary facilities, to be elevated to or above that § 239-12 LDFE and confirmed by an elevation certificate.

Violations & Fines

Constructing below the required local design flood elevation without full compliance with Chapter 239 is a violation under § 239-8, punishable by a fine of up to $1,250, imprisonment up to 90 days, or community service up to 90 days, with each day of noncompliance a separate offense after a 30-day cure period.

Frequently Asked Questions

How much freeboard does Clifton require above the flood elevation?
Section 239-12B(1) requires at least one foot of freeboard above the best available flood hazard data for a delineated watercourse, with additional freeboard required for AO Zones and critical facilities under §§ 239-12B(3) through (5).
Does Clifton require extra elevation for critical facilities?
Yes. Section 239-12B(4) requires Class IV critical facilities to clear the higher of the 500-year flood elevation or the FHACA design flood elevation plus two feet of freeboard, and Class III facilities in coastal high hazard areas need one additional foot under § 239-12B(5).
What must new construction show to prove it meets Clifton's elevation rule?
Section 239-74 requires the lowest floor of new construction and substantial improvements, including the basement and attendant utilities, to be elevated to or above the § 239-12 local design flood elevation and confirmed with an elevation certificate.

Sources & Official References

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