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Paterson, NJ Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard
BFE plus 1 foot (A/AE zones)
AO/AH zones
Depth number plus 1 ft (min. 3 ft)
Administrator
Construction Official
Max penalty
$1,250 fine / 90 days

Summary

New residential construction in Paterson's flood-hazard zones must elevate the lowest floor at least one foot above base flood elevation.

New construction and substantial improvement of any residential structure located in an A, AE, AO or AH zone shall have the lowest floor, including basement together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated at or above the more restrictive of the following:

(1) For A or AE zones:

(a) Base flood elevation (published FIS/FIRM) plus one foot;

(b) The best available flood hazard data elevation plus one foot;

(c) As required by ASCE/SEI 24-14, Table 2-1; or

(d) As required by N.J.A.C. 7:13-3.

(2) For AO or AH zones on the municipality's FIRM, to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(3) Record the method and elevation used above and the best available flood hazard design data elevation, date and revision in the local development permit.

B.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4713536; v19 updated 2025-12-16; through 12-16-2025).

Full Breakdown

Chapter 219 (Flood Damage Prevention) requires new construction and substantial improvement of residential structures in A, AE, AO, or AH flood zones to elevate the lowest floor, including the basement and all attendant utilities, at or above the more restrictive of several standards -- chief among them the published Base Flood Elevation plus one foot of freeboard. The one-foot freeboard also applies to nonresidential construction under § 219-17B. The Construction Official administers the permit and records the elevation method used.

Violations & Fines

Constructing or substantially improving a structure in a special flood hazard area without meeting the one-foot freeboard standard violates Chapter 219; general violations carry a fine up to $1,250, up to 90 days imprisonment, or both, plus costs.

Frequently Asked Questions

Does the one-foot freeboard apply to commercial buildings too?
Yes. Chapter 219 applies the same base-flood-elevation-plus-one-foot standard to nonresidential construction under § 219-17B, with a floodproofing alternative.
Who sets the base flood elevation used for this requirement?
FEMA's Flood Insurance Study and Flood Insurance Rate Map for Passaic County, adopted by reference in § 219-7.

Sources & Official References

Other rules in Paterson

All Paterson rules

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