Brookhaven, NY Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Brookhaven, NY, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.
Key Facts
- Chapter
- Ch. 33, Flood Damage Prevention
- Adopted
- 6-23-2009, L.L. No. 14-2009
- Local administrator
- Chief Building Inspector
- NFIP Community Number
- 365334
- Review deposit
- Up to $500
- Penalty
- Fine up to $250, 15 days jail
Summary
Any construction or development inside Brookhaven's mapped areas of special flood hazard needs a floodplain development permit from the Chief Building Inspector before work begins. The Town Board created the permit under Chapter 33 to keep new building, filling, and grading out of FEMA flood zones without proper elevation and construction safeguards, backing it with fines and mandatory FEMA notification for violations.
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 § 33-3B, without a valid floodplain development permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Chapter 33, Flood Damage Prevention, was adopted June 23, 2009 by Local Law No. 14-2009, effective June 29, 2009, replacing a 1995 predecessor law. It applies town-wide to areas of special flood hazard shown on FEMA's Flood Insurance Rate Map panels for Brookhaven's Community Number 365334 (effective September 25, 2009), plus two Letters of Map Revision from 2011 and 2015 that amended specific panels. Section 33-4A designates the Chief Building Inspector as "local administrator," responsible for granting or denying every floodplain development permit. Applications must show the nature, location, dimensions, and elevations of the proposed work, plus existing or proposed structures, fill, storage, and drainage facilities.
The application fee is computed the same way as a standard building permit fee, and the local administrator can also require a deposit of up to $500 to cover the Town's added review, inspection, and approval costs. For new or substantially improved structures, applicants must state the proposed lowest-floor elevation relative to mean sea level and later submit an as-built elevation certified by a licensed engineer or surveyor. The local administrator reviews every application for completeness and for compliance with Chapter 33's construction standards, and can require a technical engineering analysis before issuing a permit if a project might damage a neighboring property.
Violations & Fines
Building, filling, or grading in a mapped flood hazard area without this permit violates Chapter 33: the fine is up to $250 or up to 15 days in jail, and each day of continued noncompliance counts as a separate offense under § 33-3E. Any structure found noncompliant that never obtained an approved variance under § 33-6 gets flagged and reported to the Federal Emergency Management Agency.
Frequently Asked Questions
Do I need a permit to build in a Brookhaven flood zone?
What does a Brookhaven floodplain permit application require?
What happens if I develop in a flood zone without a permit?
Sources & Official References
Other rules in Brookhaven
New York rules heatmap·Compare Brookhaven to another location·View the New York environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Flood Zones in Nearby Cities
How other cities in Suffolk County handle flood zones.