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Southampton, NY Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Minimum freeboard
2 feet above base flood elevation, AE Zones
Governing chapter
Town Code Chapter 169
Local administrator
Town Building Inspector
Permit deposit cap
$500 for added review costs
Penalty
Up to $1,000 fine or 15 days, per day

Summary

In the Town of Southampton outside the villages, new and substantially improved homes in AE flood zones must have the top of the lowest floor built at least two feet above the base flood elevation shown on the Town's FEMA-issued Flood Insurance Rate Maps under Town Code Chapter 169.

§ 169-16. Residential structures (except coastal high-hazard areas). ... A. Elevation. ... The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 169-14B, Subdivision and development proposals; § 169-14C, Encroachments; and § 169-15, Standards for all structures: (1) Within AE Zones new construction and substantial improvements shall have the top of the lowest floor (including basement) elevated to or above two feet above the base flood elevation, as identified by the Flood Insurance Rate Map (FIRM) for the Town of Southampton as established in § 169-6.

Full Breakdown

The Town Board's Flood Damage Prevention chapter, Chapter 169, sets the elevation floor for construction in the special flood hazard area mapped across the unincorporated hamlets, Hampton Bays, Water Mill, Bridgehampton, Westhampton, East Quogue, Flanders, Riverside and Noyack among them. Section 169-16A(1) requires that within AE Zones, new construction and substantial improvements have the top of the lowest floor, including any basement, elevated to or above two feet of freeboard above the base flood elevation identified on the FEMA maps adopted in § 169-6, which lists Community No.

365342's FIRM panels effective September 25, 2009, plus subsequent Letters of Map Revision through December 2023. A floodplain development permit from the local administrator, the Town Building Inspector, is required before any such construction under § 169-11, with an application fee set at the building-permit rate and a deposit of no more than $500 for added review costs under § 169-11B. Applicants in AE Zones must submit the proposed lowest-floor elevation in relation to mean sea level under § 169-12A and, once the floor is built, file an as-built elevation certified by a licensed professional engineer or surveyor.

Where base flood elevation data are not mapped in Zone A, § 169-16A(3) requires the applicant to obtain the best available federal, state or engineering data and add two feet of freeboard before building. Any enclosed area below the elevated lowest floor must have flood-vent openings totaling at least one square inch per square foot of enclosed area, with the lowest opening no higher than one foot above grade under § 169-16A(2), and may be used only for parking, building access or storage, never habitation.

Violations & Fines

Building below the required elevation without a floodplain development permit is an infraction of Chapter 169 under § 169-8: on conviction, the violator faces a fine of up to $1,000 or up to 15 days' imprisonment, or both, with each day of noncompliance counted as a separate offense. A structure built without the elevation certificate or other compliance documentation required by federal regulation is presumed in violation until that documentation is produced, and the Town notifies FEMA of any structure found noncompliant that has not received an approved variance under § 169-21.

Frequently Asked Questions

How high above base flood elevation must a Southampton home be built?
In AE Zones outside the incorporated villages, § 169-16A(1) of the Town Code requires the top of the lowest floor, including any basement, to sit at or above two feet of freeboard over the base flood elevation shown on the Town's FEMA Flood Insurance Rate Map.
Who approves the elevation before construction starts?
The Town Building Inspector, designated local administrator under § 169-10, reviews the floodplain development permit application and the as-built elevation certificate a licensed engineer or surveyor must file once the lowest floor is complete.
What happens if a base flood elevation number is not mapped for my lot?
Under § 169-16A(3), in Zone A without mapped data, the applicant must obtain the best available federal, state or engineering base flood elevation and still add two feet of freeboard before building.

Sources & Official References

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