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Millcreek, PA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Governing section
Millcreek Township Code § 70-78, elevation and floodproofing
Regulatory flood elevation
Base flood elevation plus freeboard of 1 1/2 feet
Residential lowest floor
At or above regulatory flood elevation in AE, A1-30, AH zones
Substantial improvement
Cost equals or exceeds 50% of structure's market value
Flood vents
Two openings, one square inch per square foot, within one foot of grade
Fines
$500 or $250 per violation per day under § 70-95

Summary

In Millcreek Township, Erie County, Pennsylvania, new construction or substantial improvement in AE, A1-30 and AH flood zones must have the lowest floor, basement included, at or above the regulatory flood elevation. The code defines that elevation as the base flood elevation plus a freeboard safety factor of 1 1/2 feet.

A. Residential structures. ... (1) In AE, A1-30, and AH zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. ... (3) In AO Zones, any new construction or substantial improvement shall have the lowest floor (including the basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM. ... B. Nonresidential structures. ... (1) In AE, A1-30 and AH zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation: (a) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

Full Breakdown

Section 70-78 of the Code of the Township of Millcreek sets elevation and floodproofing requirements for development in the identified floodplain, and the benchmark is the regulatory flood elevation. Section 70-59 defines it as the base flood elevation (BFE) plus a freeboard safety factor of 1 1/2 feet. The base flood elevation is the water surface elevation shown on the FIRM for a flood with a one-percent or greater chance of being equaled or exceeded in any given year.

For residential structures, new construction or substantial improvement in AE, A1-30 and AH zones needs the lowest floor, basement included, elevated up to or above the regulatory flood elevation. In A and V zones where the FIRM shows no base flood elevations, the same standard applies, with the elevation determined under § 70-74C(2). In AO zones the lowest floor sits at or above the highest adjacent grade at least as high as the depth number specified on the FIRM. Nonresidential buildings have a second route: they must be elevated to the regulatory flood elevation or be floodproofed watertight below it, to the W1 or W2 classification in the Army Corps of Engineers publication Flood-Proofing Regulations or an equivalent standard, with plans accompanied by a statement certified by a registered professional engineer or architect.

Substantial improvement means work whose cost equals or exceeds 50% of the market value of the structure before the start of construction, and it includes substantial damage. Fully enclosed space below the lowest floor used solely for parking, building access or incidental storage needs at least two openings with a net total area of not less than one square inch for every square foot of enclosed space, with the bottom of all openings no higher than one foot above grade. Accessory structures need not be elevated if floor area does not exceed 100 square feet, they are not used for habitation, and power lines and outlets are elevated to the regulatory flood elevation. A permit application under § 70-63 must show the proposed lowest floor elevation based on the North American Vertical Datum of 1988.

Violations & Fines

Under § 70-95, a Magisterial District Judge imposes a $500 fine per violation for each day for failing to apply for a required permit, developing contrary to what was approved, or making a false representation of a material fact on an application. All other Part 7 violations carry $250 per violation per day, plus costs and attorney's fees. Under § 70-62(F), the Floodplain Administrator must revoke a permit when work does not comply with the application.

Frequently Asked Questions

How much freeboard does Millcreek Township require above base flood elevation?
Section 70-59 defines the regulatory flood elevation as the base flood elevation (BFE) plus a freeboard safety factor of 1 1/2 feet. Section 70-78 then requires the lowest floor of new or substantially improved structures in AE, A1-30 and AH zones to be elevated up to or above that regulatory flood elevation.
Can a commercial building in a Millcreek Township flood zone be floodproofed instead of elevated?
Yes. Under § 70-78B, a nonresidential structure in AE, A1-30 and AH zones may instead be designed so the space below the regulatory flood elevation is watertight, with walls substantially impermeable to water and components able to resist hydrostatic and hydrodynamic loads. Plans must carry a certified statement from a registered professional engineer or architect.
What counts as a substantial improvement in Millcreek Township?
Section 70-59 defines substantial improvement as any reconstruction, rehabilitation, addition or other improvement of a structure whose cost equals or exceeds 50% of the market value of the structure before the start of construction. It includes structures that have incurred substantial damage. Projects correcting existing health, sanitary or safety code violations identified by the Township are excluded.
Do garages and sheds in the floodplain have to be elevated in Millcreek Township?
Section 70-78D says accessory structures need not be elevated or floodproofed to remain dry, but floor area cannot exceed 100 square feet, the structure cannot be used for habitation, and it must have low damage potential. Sanitary facilities and permanently affixed utility equipment are prohibited, and floodwater openings are required.

Sources & Official References

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