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Hudson, NH Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Permit authority
Town Engineer
Zone A default BFE
2 feet above highest adjacent grade
Residential lowest floor
at or above base flood elevation
Flood vent sizing
1 sq in per sq ft of enclosed area
Appeals go to
Joint Committee ZBA/Building Board of Appeals
Variance insurance risk
up to $25 per $100 of coverage

Summary

In the Town of Hudson, New Hampshire, any development in a special flood hazard area needs a floodplain permit from the Town Engineer before construction starts. Where Zone A base flood elevation data isn't on record, the Town Engineer sets it at least two feet above the highest adjacent grade, and new residential structures must have their lowest floor built at or above that elevation.

(2) In Zone A, the Building Inspector shall obtain, review, and reasonably utilize any base flood elevation data available from any federal, state or other source, including data submitted for development proposals submitted to the community (i.e., subdivisions, site approvals). Where a base flood elevation is not available or not known for Zone A, the base flood elevation shall be determined to be at least two feet above the highest adjacent grade. ... The Town Engineer's base flood elevation determination will be used as criteria for requiring in Zones A and AE that: ... (1) All new construction and substantial improvements of residential structures have the lowest floor, including the basement, elevated to or above the base flood elevation.

Full Breakdown

Any proposed development within a special flood hazard area of Hudson needs a floodplain permit issued by the Town Engineer under § 218-3, on top of the ordinary building permit the Building Inspector reviews under § 218-5 to confirm the site will be reasonably safe from flooding. Where FEMA's Flood Insurance Study already maps a base flood elevation for Zone AE, the Town Engineer uses that figure; in Zone A, where no official number exists, the Building Inspector must first check any federal, state or local source, including data submitted with a subdivision or site plan application, before falling back to the default of two feet above the highest adjacent grade under § 218-4D.

Residential structures must then have their lowest floor, including any basement, built at or above that base flood elevation under § 218-4E(1). A nonresidential building can instead be floodproofed watertight below the base flood elevation, with structural components built to resist hydrostatic and hydrodynamic loads, certified by a licensed engineer or architect. Manufactured homes must sit on a permanent foundation at or above the base flood level and be anchored against flotation and lateral movement. Any enclosed area below the lowest floor must be unfinished, used only for parking, access or storage, and vented with at least one square inch of flood-opening area per square foot of enclosed space, with openings no higher than a foot above grade.

A structure missing the elevation certificate or other documentation FEMA regulations require is presumed to be in violation until it's produced. Appeals and variance requests go to the Joint Committee of the Zoning Board of Adjustment and the Building Board of Appeals under § 218-8, which can only grant relief on a showing of hardship and undiminished flood risk to others.

Violations & Fines

A structure lacking an elevation certificate or other compliance documentation required under 44 CFR 60.3 is presumed to be in violation until the documentation is provided. The Town Engineer enforces the floodplain permit requirement, and any variance allowing construction below the base flood elevation comes with written notice that flood insurance premiums can rise by as much as $25 per $100 of coverage.

Frequently Asked Questions

Do I need a permit to build in a Hudson flood zone?
Yes. Under § 218-3, all proposed development in a special flood hazard area requires a floodplain permit issued by the Town Engineer, in addition to any building permit reviewed by the Building Inspector under § 218-5.
How does Hudson set the base flood elevation in Zone A?
Per § 218-4D(2), the Building Inspector first checks federal, state or other available data, including data submitted with subdivision or site plan applications; if none exists, the base flood elevation defaults to at least two feet above the highest adjacent grade.
What happens if I build below the base flood elevation?
Residential structures must have the lowest floor, including the basement, elevated to or above the base flood elevation under § 218-4E(1); the JCZBA/BBA can grant a variance only in narrow cases, and doing so raises flood insurance premiums by as much as $25 per $100 of coverage.

Sources & Official References

Other rules in Hudson

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