Haverhill, MA Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Zone A data gap
- Building dept. must source elevation data itself
- Subdivision trigger
- Over 50 lots or 5 acres needs own data
- FEMA notice
- City must notify FEMA within 6 months of new data
- Presumption
- No elevation certificate presumed a violation
Summary
In the City of Haverhill, where FEMA has not mapped a base flood elevation for a Zone A parcel, the building department must gather its own federal, state or other elevation and floodway data before approving new construction. Section 9.1.5 of the Zoning Ordinance also forces large subdivisions to generate that data themselves.
§ 9.1.2. Applicability. ... In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways. § 9.1. ... ... 5. Base flood elevation and floodway data. 1. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.
Full Breakdown
Sections 9.1.2 and 9.1.5 of the Haverhill Zoning Ordinance fill the gap FEMA leaves in Zone A, the portion of the Floodplain Overlay District where the Flood Insurance Rate Map shows flood risk but does not print a specific base flood elevation or floodway boundary. Section 9.1.2 directs the building department to obtain, review and reasonably use whatever base flood elevation and floodway data is available from a federal, state or other source, and to apply that data both as the basis for elevating residential structures to or above base flood level and for floodproofing or elevating nonresidential structures, and for prohibiting encroachments in floodways.
Section 9.1.5 reinforces the same approach along watercourses in Zones A and AE that have no regulatory floodway designated on the Essex County FIRM: the city must use the best available federal, state, local or other floodway data to block encroachments that would raise flood levels during the base flood discharge. The section also places an affirmative burden on larger projects: any subdivision or other development greater than 50 lots or five acres, whichever is the smaller threshold, within an unnumbered A zone must generate its own base flood elevation data as part of the application. Section 9.1.9.2 separately requires the city to notify FEMA within six months if it acquires data that changes a mapped base flood elevation, submitting the supporting technical or scientific data to the Massachusetts Department of Conservation and Recreation and FEMA's Region I office.
Violations & Fines
Building, subdividing or substantially improving a structure in an unnumbered Zone A area without first developing the base flood elevation and floodway data required by Section 9.1.5 is a violation of the Floodplain Overlay District rules, and Section 9.1's definition of a violation presumes noncompliance whenever a structure lacks the elevation certificate or other compliance documentation required for the floodplain permit. The Building Commissioner, as Floodplain Administrator, enforces the data requirement before issuing a permit.
Frequently Asked Questions
What happens if FEMA hasn't mapped a base flood elevation for my Haverhill lot?
Does a large subdivision in a flood zone have extra data requirements?
How does Haverhill treat a building that lacks a flood elevation certificate?
Sources & Official References
Other rules in Haverhill
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