Clay, NY Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Clay, 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 fee
- $100 plus up to $500 deposit
- Enforcing agency
- Planning and Development Department
- Penalty
- Up to $250 fine or 15 days jail
- FEMA community number
- 360573
- Adopted
- September 19, 2016, L.L. No. 6-2016
Summary
The Town of Clay requires a floodplain development permit before any construction, filling, or excavation in a mapped area of special flood hazard. The Planning and Development Department, acting as local administrator under Town Code Chapter 112, reviews applications, which must include scaled plans, structure locations, and drainage details. Violators face fines up to $250 or 15 days in jail, with each day of noncompliance a separate offense.
§ 112-12. Floodplain development permit. A. 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 § 112-6 without a valid floodplain development permit. ... B. Fees. ... All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Clay for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.
Full Breakdown
Chapter 112, Flood Damage Prevention, adopted by the Town Board on September 19, 2016 by Local Law No. 6-2016, governs any development within the Town's areas of special flood hazard as shown on FEMA Flood Insurance Rate Map panels for Community Number 360573, effective November 4, 2016 (Town Code § 112-6). Under § 112-12, it is unlawful to undertake construction, filling, grading, dredging, or excavation in a special flood hazard area without a floodplain development permit issued by the Planning and Development Department, designated the local administrator under § 112-11.
Applications go on forms furnished by the administrator and must show the nature, location, dimensions, and elevation of the site, along with existing or proposed structures, fill, storage of materials, and drainage facilities (§ 112-12A). Every application carries a $100 fee under § 112-12B, and the administrator may require a deposit of up to $500 to cover added review, inspection, and approval costs. Section 112-14 requires the administrator to check every application against § 112-13, review whether the site is reasonably safe from flooding, and confirm no other property will be damaged before issuing a permit; if damage is likely, the administrator must deny the permit unless the applicant revises the plan.
A stop-work order issues under § 112-14F for development found underway without a permit or out of compliance. A certificate of compliance under § 112-14G is required before any building in a flood hazard area may be occupied.
Violations & Fines
Undertaking development in a special flood hazard area without a permit, or violating any permit condition, is a violation of § 112-9. Conviction carries a fine of up to $250, imprisonment of up to 15 days, or both, with each day of continued noncompliance counted as a separate offense. The Town may also pursue other lawful remedies, and a noncompliant structure lacking an approved variance is reported to FEMA.
Frequently Asked Questions
Do I need a permit to fill or grade land in Clay's flood zone?
How much does a floodplain permit cost in the Town of Clay?
What happens if I build in the flood zone without a permit?
Sources & Official References
Other rules in Clay
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