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Cheektowaga, NY Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Cheektowaga, NY, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Governing chapter
Ch. 125, Flood Damage Prevention
Flood zone source
FEMA FIRM panels, effective 6-7-2019
Permit fee
$100, plus up to $500 deposit
Excluded areas
Villages of Sloan and Depew
Local administrator
Town Engineer
Max fine
$250 per day of violation

Summary

Cheektowaga defines its flood zones using FEMA's Flood Insurance Rate Maps and requires a Town Engineer-issued permit before any development, filling, or excavation in a mapped special flood hazard area. The chapter excludes the Villages of Sloan and Depew.

§ 125-6. Basis for establishing the areas of special flood hazard. A. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Maps: 36029C0208H, 36029C0209H... whose effective date is June 7, 2019... (2) A scientific and engineering report entitled "Flood Insurance Study, Erie County, New York (All Jurisdictions)" dated June 7, 2019. B. The above documents are hereby adopted and declared to be a part of this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Section 125-6 establishes the areas of special flood hazard for the Town by adopting sixteen named FEMA Flood Insurance Rate Map panels (36029C0208H through 36029C0352H), effective June 7, 2019, together with the Flood Insurance Study for Erie County, New York, dated the same day; both documents are on file at the Town Engineer's office in the Alexander Community Center, 275 Alexander Avenue. Chapter 125 applies to all areas of special flood hazard within the Town's jurisdiction, exclusive of the Villages of Sloan and Depew (§ 125-5), each of which administers its own zoning.

Under § 125-12A, no development, meaning any man-made change to real estate including buildings, mining, dredging, filling, paving, excavation or drilling, may occur in a mapped flood hazard area without a floodplain development permit; the application fee is $100, plus a possible $500 deposit for extra review costs (§ 125-12B). The local administrator, the Town Engineer, reviews applications for completeness and compliance, determines whether a proposed site will be reasonably safe from flooding, and can require additional technical analysis before issuing or denying a permit (§ 125-14A).

Encroachments into a regulatory floodway are barred outright unless an engineer certifies no rise in base flood elevation, or the Town obtains a FEMA conditional map revision at the applicant's expense (§ 125-15B). Where the requirements of Chapter 125 conflict with any other Town or state regulation, the more restrictive standard controls (§ 125-7B). A certificate of compliance from the local administrator is required before any building or land in a special flood hazard area may be occupied or used (§ 125-14G).

Violations & Fines

Developing, building, or filling land in a special flood hazard area without a floodplain development permit, or occupying a structure without a certificate of compliance, violates § 125-9 and § 125-14G, punishable by a fine of up to $250 or imprisonment for up to 15 days, or both, with each day of noncompliance a separate offense. The local administrator may issue a stop-work order for unpermitted or noncompliant development (§ 125-14F).

Frequently Asked Questions

How does Cheektowaga determine which land is in a flood zone?
Section 125-6 adopts specific FEMA Flood Insurance Rate Map panels, effective June 7, 2019, plus the Erie County Flood Insurance Study, as the official basis for the Town's areas of special flood hazard, on file with the Town Engineer.
Do the Villages of Sloan and Depew follow this flood chapter?
No. Section 125-5 limits Chapter 125 to the Town of Cheektowaga's jurisdiction outside the Villages of Sloan and Depew, which are separate municipal governments with their own codes.
Is a permit required to fill or grade land in a flood hazard area?
Yes. Section 125-12A defines development broadly to include filling, excavation, and grading, and makes it unlawful to undertake any development in a mapped special flood hazard area without a floodplain development permit from the Town Engineer.

Sources & Official References

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