Oyster Bay, NY Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Citation
- Oyster Bay Code § 121-17
- Elevation standard
- 2 ft above base flood elevation
- Coastal zones (V)
- Pilings/columns to 2 ft above BFE
- Local administrator
- Commissioner, Dept. of Planning & Development
- Permit fee
- $25 application fee, up to $500 deposit
- Penalty
- Up to $250 fine or 15 days jail
- Adopted
- June 30, 2009, L.L. No. 6-2009
Summary
New and substantially improved homes in Oyster Bay's mapped flood zones must have their lowest floor, including any basement, elevated at least two feet above the base flood elevation. Town Code Chapter 121 implements the National Flood Insurance Program and is enforced by the Commissioner of Planning and Development as local administrator.
Within Zones A-1-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.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).
Full Breakdown
Chapter 121, Flood Damage Prevention, adopted June 30, 2009 by Local Law No. 6-2009, sets construction standards for the town's mapped special flood hazard areas. Under § 121-17(A), new construction and substantial improvements in Zones A-1-A30, AE and AH, and in Zone A where elevation data exist, must have the lowest floor, including any basement, elevated to or above two feet above the base flood elevation. Where Zone A has no base flood data, § 121-17(B) instead requires the lowest floor at least three feet above the highest adjacent grade, and Zone AO structures under § 121-17(C) must sit at least two feet above the mapped depth number, or two feet above grade if none is specified.
Homes in the coastal high-hazard Zones V1-V30, VE or V face the stiffer standard in § 121-18: the lowest horizontal structural member must sit at or above two feet above base flood elevation on pilings, columns or shear walls, with engineering standards covering pile spacing, breakaway walls, wind loads of 75 miles per hour on doors and windows, and connectors throughout. The Commissioner of the Department of Planning and Development serves as local administrator under § 121-11 and issues the floodplain development permit required by § 121-12 before any of this construction begins.
Section 121-7 makes clear that whichever rule is more restrictive, this chapter or another law, controls. Owners seeking relief from these standards must apply for a variance under §§ 121-22 and 121-23.
Violations & Fines
Section 121-9 makes constructing, altering, extending, converting or filling land in a flood hazard area without complying with this chapter a violation. Upon conviction, the penalty is a fine of not more than $250, imprisonment of not more than 15 days, or both, and each day of noncompliance counts as a separate offense. A structure found noncompliant without an approved variance gets reported to the Federal Emergency Management Agency.
Frequently Asked Questions
How high above flood level must a new home be built in Oyster Bay?
Do I need a permit before building in a flood zone?
What if my lot cannot meet the elevation rule?
What's the fine for building in a flood zone without complying?
Sources & Official References
Other rules in Oyster Bay
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