Amherst, NY Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Amherst, NY, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.
Key Facts
- Permit required
- Before any development in flood hazard area
- Local Administrator
- Commissioner of Building
- Base fee
- $300 first acre + $150/acre
- Accessory structure fee
- $150 (under 600 sf)
- Penalty
- Up to $250 fine, 15 days/day
- Amended
- 6-3-2019 & 7-1-2019, L.L. 13/14-2019
Summary
Any construction, filling, grading or excavation within Amherst's mapped area of special flood hazard needs a floodplain development permit from the Local Administrator before work starts. Permit fees start at $300 for the first acre, and building without one is punishable by up to a $250 fine and 15 days in jail per day of noncompliance.
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 7-7-5B, without a valid floodplain development permit.
Full Breakdown
L. Nos. 13-2019 and 14-2019) to keep the Town in the National Flood Insurance Program. Section 7-7-6A designates the Commissioner of Building as the Local Administrator responsible for granting or denying floodplain development permits. Section 7-7-6B(1) states the operative rule: a floodplain development permit is established for all construction and development in areas of special flood hazard, and it is unlawful to undertake development there, as shown on the Flood Insurance Rate Map, without a valid permit. Applicants must submit plans showing the nature, location, dimensions and elevations of the proposed work.
Section 7-7-6B(2) sets the fee schedule at $300 for the first acre of lot area plus $150 for each additional contiguous acre, or a flat $150 for accessory structures under 600 square feet tied to one- and two-family homes, and the Local Administrator may require up to a $500 deposit for extra review and inspection costs. Section 7-7-6C requires elevation certificates from a licensed engineer or surveyor for the lowest floor of new or substantially improved structures in mapped flood zones, and § 7-7-6D directs the Local Administrator to review every application before issuing a permit.
Violations & Fines
Section 7-7-5E makes any construction, alteration, excavation or fill undertaken without full compliance a violation, punishable upon conviction by a fine of no more than $250 or imprisonment for not more than 15 days, or both, with each day of noncompliance counted as a separate offense. A structure found noncompliant that lacks an approved variance under § 7-7-8 is also reported to FEMA as noncompliant.
Frequently Asked Questions
Do I need a permit to build in an Amherst flood zone?
Who reviews floodplain permit applications in Amherst?
What does an Amherst floodplain permit cost?
What happens if I build without a floodplain permit?
Sources & Official References
Other rules in Amherst
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Flood Zones in Nearby Cities
How other cities in Erie County handle flood zones.