West New York, NJ Environmental Rules: Flood Elevation Requirements (2026)

Section 204-15 establishes the local design flood elevation (LDFE) in every flood hazard area identified under § 204-14. The LDFE is built from the best available flood hazard data, the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by the chapter. Subsection B then sets the minimum.

For a delineated watercourse, the LDFE is the elevation from the best available flood hazard data plus one foot of freeboard, or the freeboard described by N.J.A.C. 7:13.

For an undelineated watercourse with a contributory drainage area of 50 acres or more, where the FEMA mapping or studies in § 204-14C(1) and (2) are not available, the applicant must provide one of two things. The first is a copy of an unexpired NJDEP flood hazard area verification plus one foot of freeboard and any additional freeboard required by ASCE 24. The second is a determination of the flood hazard area design flood elevation using Method 5 or Method 6 under N.J.A.C. 7:13, plus one foot of freeboard and any additional freeboard required by ASCE 24, sealed and submitted according to § 204-40.

In Zone AO areas on the FIRM or on FEMA preliminary guidance, the LDFE is the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, it is three feet above the highest adjacent grade.

Critical facilities get more. For new and substantially improved Class IV critical facilities, the LDFE is the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard under ASCE 24. For Class III critical facilities in coastal high hazard areas, the same comparison applies with an additional one foot of freeboard.

The floodplain administrator, who is the Construction Code Official, cannot waive specific requirements without a variance under Article VIII, per § 204-17.