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Upper Darby, PA Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard requirement
Base flood elevation plus 1.5 feet
New construction default
Prohibited without a variance
Enclosed space below floor
Fully enclosed space banned
Vent opening rule
1 sq in per sq ft, openings ≤1 ft above grade
Accessory structure exemption
Structures under 200 sq ft

Summary

New construction or substantial improvement inside an Upper Darby floodplain is prohibited outright unless a variance is granted, and even then Section 305-24 requires the lowest floor to sit at or above the "regulatory flood elevation," which Section 305-36 defines as the base flood elevation plus a 1.5-foot freeboard safety factor.

§ 305-24. Elevation and floodproofing requirements. Within any identified floodplain area any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Article VII, then the following provisions apply:

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. ... REGULATORY FLOOD ELEVATION The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

Full Breakdown

Section 305-24 opens by prohibiting new construction or substantial improvement anywhere in an identified floodplain area outright; a property owner may only build after obtaining a variance under Article VII. Once a variance is granted, residential structures in AE, A1-30 and AH zones must have their lowest floor, including the basement, elevated "up to, or above, the regulatory flood elevation" (Section 305-24A(1)). " In A zones without a mapped base flood elevation, the Floodplain Administrator sets the required elevation under Section 305-19C; in AO zones, the lowest floor must sit at or above the highest adjacent grade plus the depth number printed on the FIRM.

Nonresidential buildings get an alternative under Section 305-24B: instead of elevating, they may be floodproofed watertight to the regulatory flood elevation using the W1/W2 standards from the Army Corps of Engineers' "Flood-Proofing Regulations," certified by a registered engineer or architect. Fully enclosed space below the lowest floor is banned outright; partially enclosed space used only for parking, access or storage must have at least two openings totaling one square inch per square foot of enclosed area, with the bottom of each opening no higher than one foot above grade (Section 305-24C).

Accessory structures under 200 square feet are exempt from elevation if they hold no utilities, sanitary facilities or human habitation, and historic structures can seek a documented exemption if compliance would strip their historic listing (Section 305-24D).

Violations & Fines

Building below the required elevation without a variance is enforced the same way as any other Chapter 305 violation: a written notice with up to 30 days to correct it, then civil action carrying penalties up to $1,000 for safety-code violations or $600 for other violations, plus prosecution costs and Township attorneys' fees, with each day and each subsection treated as a separate offense (Section 305-16).

Frequently Asked Questions

How high above the flood line must I build in Upper Darby?
Section 305-24 requires the lowest floor, including any basement, to sit at or above the "regulatory flood elevation." Section 305-36 defines that as the base flood elevation plus a 1.5-foot freeboard safety factor, so you need to build higher than FEMA's mapped 100-year flood height, not just up to it.
Can I finish a basement under a flood-zone home in Upper Darby?
No. Section 305-24C prohibits fully enclosed space below the lowest floor entirely. Partially enclosed space used only for parking, building access or storage is allowed if it has vents totaling at least one square inch per square foot of enclosed area, with openings no higher than one foot above grade.
Is any new construction allowed in the floodplain at all?
Only with a variance. Section 305-24 opens by prohibiting new construction or substantial improvement in an identified floodplain area outright; the elevation and floodproofing standards only apply once the Zoning Hearing Board grants a variance under Article VII.

Sources & Official References

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