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Freehold Township, NJ Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Minimum freeboard
At least 1 foot above base flood elevation
Critical facility freeboard
Up to 2 extra feet, Class IV facilities
Applies to
Lowest floor including basement and all utilities
Compliance proof
Elevation certificate or floodproofing certificate required
Maximum penalty
$2,000 fine or 90 days imprisonment

Summary

New construction in a Freehold Township flood hazard area must have its lowest floor, including basement and all utilities, elevated to or above the local design flood elevation, a standard that adds at least one foot of freeboard above the base flood elevation under Township Code §§ 166-12 and 166-75.

At a minimum, the local design flood elevation shall be as follows: ... For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 166-11, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or ... All new construction and substantial improvement of any habitable building (as defined in Article IX) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 166-12, be in conformance with ASCE 24 Chapter 7, and be confirmed by an elevation certificate.

Full Breakdown

Freehold Township calculates a 'local design flood elevation' (LDFE) for every flood hazard area under § 166-12, using whichever is more restrictive of the FEMA Flood Insurance Study data, the state Flood Hazard Area Control Act's minimum statewide elevation requirements for A, Coastal A and V zones, and ASCE 24 requirements for critical facilities, plus additional freeboard set by the chapter. C. 7:13 requires. C. 7:13, again plus one foot. In AO zones, § 166-12B(3) sets the LDFE at the highest adjacent grade plus the FIRM's depth number plus one foot, or three feet above grade if no depth number is shown.

Class IV critical facilities get an extra two feet of freeboard above the 500-year flood elevation, and Class III critical facilities in coastal high hazard areas get an extra foot, both under § 166-12B(4) and (5). Section 166-75 turns that elevation into a construction mandate: new construction and substantial improvement of any habitable building must have its lowest floor, including the basement, along with all electrical, heating, ventilating, air-conditioning and sanitary equipment, raised to or above the LDFE, built to ASCE 24 Chapter 7, and confirmed by an elevation certificate.

Nonresidential structures get an alternative: instead of elevating, they can be dry-floodproofed below the LDFE if a licensed design professional certifies the design under ASCE 24 Chapters 2 and 7 and confirms it with a floodproofing certificate. Fully enclosed areas below the lowest floor may be used only for parking, building access or storage, must sit at or above the adjoining exterior grade on at least one wall, and must have flood vents or openings that let water automatically flow in and out to equalize hydrostatic pressure.

Violations & Fines

Failing to elevate a habitable building to the local design flood elevation required by §§ 166-12 and 166-75 is a violation under § 166-8, carrying a fine of up to $2,000, up to 90 days of imprisonment or community service, and a separate penalty for each day the noncompliant construction remains uncorrected after the 30-day cure period. No certificate of occupancy issues without an elevation or floodproofing certificate confirming compliance.

Frequently Asked Questions

How much higher than the base flood elevation must my house be built?
At least one foot of freeboard above the best available flood hazard data elevation, per § 166-12B(1), though AO zones, undelineated watercourses and critical facilities can require different or additional freeboard under the rest of § 166-12B.
Does the elevation requirement cover my basement?
Yes. Section 166-75A(3) requires the lowest floor, including any basement, along with all electrical, heating, ventilating, air-conditioning and sanitary equipment, to be raised to or above the local design flood elevation.
Can a commercial building be floodproofed instead of elevated?
Yes, nonresidential structures may be designed to resist flood damage below the local design flood elevation instead of being elevated, but only if a licensed design professional certifies the design under ASCE 24 and confirms it with a floodproofing certificate, per § 166-75A(4)(b).
What can I use the space below my elevated house for?
Only parking, building access or storage, per § 166-75A(5); the enclosed area must be at or above the adjoining grade on at least one wall and must have openings that let floodwater automatically flow in and out.

Sources & Official References

Other rules in Freehold Township

All Freehold Township rules

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