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North Hempstead, NY Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
2 feet above base flood elevation
No-data Zone A homes
3 feet above highest adjacent grade
V-zone construction
Elevated on pilings, 2 feet above BFE
Nonresidential alternative
Floodproofed watertight to 2 feet above BFE
Verification required
As-built elevation certificate, licensed surveyor
Violation fine
Up to $250 or 15 days jail

Summary

New and substantially improved homes in North Hempstead's mapped flood zones must sit at least two feet above the base flood elevation. Chapter 21's construction standards set that freeboard for Zones A1-A30, AE and AH, with different rules for coastal high-hazard V zones and homes lacking published elevation data.

The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 21-14B, Subdivision proposals, and § 21-14C, Encroachments, and § 21-15, Standards for all structures. ... (1) 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.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

Chapter 21's construction standards set the Town's freeboard, the safety margin required above the federally mapped base flood elevation (BFE), the flood level with a one-percent annual chance of occurring. Under § 21-16A(1), new construction and substantial improvements in Zones A1-A30, AE and AH, and in Zone A where base flood elevation data exist, must have the lowest floor, including any basement or cellar, elevated to or above two feet above the base flood elevation. If no BFE data are published for a Zone A property, § 21-16A(2) instead requires the lowest floor to sit at least three feet above the highest adjacent grade.

In Zone AO, the lowest floor must clear the highest adjacent grade by at least two feet above the map's stated flood depth number, or two feet if none is shown. 1 requires new and substantially improved homes to be elevated on pilings, columns or shear walls so the bottom of the lowest horizontal structural member clears two feet above the base flood elevation, engineered to resist simultaneous wind and water loads. 2: instead of elevating, they may be floodproofed watertight to two feet above the base flood elevation if a licensed engineer or architect certifies the design.

Once the lowest floor is in place, the permit holder must submit an as-built elevation certificate, prepared and certified by a licensed land surveyor or professional engineer, to the Local Administrator before the Building Department signs off on the work.

Violations & Fines

Building below the required freeboard, or skipping the as-built elevation certificate, is enforced the same way as any other Chapter 21 violation: a fine of up to $250 or up to 15 days in jail under § 21-9, with each day of noncompliance a separate offense. A structure that doesn't meet the two-foot freeboard and lacks an approved variance is reported to FEMA as noncompliant, which can jeopardize National Flood Insurance Program coverage.

Frequently Asked Questions

How high above flood level must I build my house in North Hempstead?
Under § 21-16A(1), new construction and substantial improvements in Zones A1-A30, AE and AH must have the lowest floor, including any basement, elevated to at least two feet above the base flood elevation shown on the Town's FEMA flood maps.
What if my flood zone has no published base flood elevation?
Section 21-16A(2) requires the lowest floor to sit at least three feet above the highest adjacent grade instead, since there's no mapped base flood elevation figure to measure the two-foot freeboard against.
Can a commercial building floodproof instead of elevating?
Yes. Section 21-16.2 lets new or substantially improved nonresidential structures be floodproofed watertight to two feet above the base flood elevation instead of raising the lowest floor, but a licensed engineer or architect must certify the design and construction method.

Sources & Official References

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