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Hamburg Village, NY Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Zones A1-A30, AE, AH
Lowest floor at least two feet above base flood elevation
Zone A, no elevation data
Lowest floor at least three feet above highest adjacent grade
Zone AO
Depth number plus two feet, or three feet if none
Enclosure openings
Bottom no higher than one foot above lowest adjacent finished grade
As-built proof
Certified by licensed professional engineer or surveyor
Maximum fine
$250 per offense

Summary

In the Village of Hamburg, new and substantially improved residential structures in areas of special flood hazard must have the lowest floor, including the basement, at least two feet above the base flood elevation in Zones A1-A30, AE and AH. Zone A without elevation data requires three feet above the highest adjacent grade.

§ 146-5. General standards. ... C. Residential structures. (1) Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 146-5A(1), Subdivision proposals, and § 146-5A(2), Encroachments, and § 146-5B, Standards for all structures: (a) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (b) Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

Full Breakdown

The elevation rule is in § 146-5C of the Code of the Village of Hamburg, within Chapter 146, Flood Damage Prevention, adopted by the Board of Trustees on 4-15-2019. It applies to new and substantially improved residential structures located in areas of special flood hazard, in addition to the subdivision, encroachment and all-structure standards in § 146-5A and § 146-5B.

In Zones A1-A30, AE and AH, and in Zone A if base flood elevation data are available, the lowest floor (including basement) must be elevated to or above two feet above the base flood elevation. In Zone A where no base flood elevation data are available, the lowest floor (including basement) must be at least three feet above the highest adjacent grade. In Zone AO the lowest floor must be above the highest adjacent grade at least as high as the depth number on the Flood Insurance Rate Map plus two feet, or at least three feet if no depth number is specified. In Zones AH and AO, adequate drainage paths must guide floodwaters around and away from structures on slopes.

Other printed elevation points reinforce the standard. Under § 146-5B(3), new and replacement electrical equipment, heating, ventilating, air-conditioning, plumbing connections and other service equipment must be at least two feet above the base flood elevation, or at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation, or be designed to keep water out. Fully enclosed areas below the lowest floor may be used solely for parking, building access or storage and need at least two openings with a total net area of not less than one square inch for every square foot of enclosed area, with the bottom of each opening no higher than one foot above the lowest adjacent finished grade. Enclosed areas subgrade on all sides are considered basements and are not permitted.

After the lowest floor is placed, the permit holder submits a certified as-built elevation (§ 146-4C(4)). Further work before the certification is approved is at the permit holder's risk, and deficiencies are cause for a stop-work order.

Violations & Fines

Under § 146-3E, failing to comply with Chapter 146 is a violation punishable on conviction by a fine of no more than $250 or imprisonment for not more than 15 days, or both, with each day of noncompliance a separate offense. A structure lacking an approved variance under § 146-6 is declared noncompliant and reported to the Federal Emergency Management Agency.

Frequently Asked Questions

How high must a new house be above the base flood elevation in the Village of Hamburg?
Under § 146-5C(1)(a), within Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available, the lowest floor, including the basement, must be elevated to or above two feet above the base flood elevation.
What if no base flood elevation is published for the site?
Section 146-5C(1)(b) governs Zone A when no base flood elevation data are available: new construction and substantial improvements must have the lowest floor, including the basement, elevated at least three feet above the highest adjacent grade.
Is a basement allowed in the flood hazard area?
The lowest floor including basement must meet the elevation requirement. Section 146-5B(2)(c) adds that enclosed areas subgrade on all sides are considered basements and are not permitted below the lowest floor of structures in the listed zones.
Do I need an elevation certificate?
Yes. Section 146-4B(3)(a) requires the permittee to submit the as-built elevation of the lowest floor, certified by a licensed professional engineer or surveyor, once the lowest floor is complete. Section 146-4C(4) makes work before approval of the certification the permit holder's risk.

Sources & Official References

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