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Cupertino, CA Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Cupertino, CA, 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 construction/development in flood hazard areas
Floodplain Administrator
City Engineer (§ 16.52.020)
Governing FIS
Santa Clara County study dated May 18, 2009
Appeal body
Planning Commission (§ 16.52.030)
Violation
misdemeanor under § 16.52.013

Summary

A development permit is required before any construction, grading, or placement of manufactured homes within Cupertino's mapped areas of special flood hazard. Municipal Code § 16.52.022 requires engineered plans showing elevations, floodway location, and utility layouts, reviewed by the City Engineer acting as Floodplain Administrator.

16.52.022 Development Permit. A development permit shall be obtained before any construction or other development, including placement of prefabricated buildings and manufactured homes, within any area of special flood hazard established in 16.52.012. Application for a development permit shall be made on forms furnished by the City of Cupertino. The applicant shall provide the following minimum information: Plans, drawn to scale, showing: Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; Proposed locations of water supply, sanitary sewer, storm drainage and other utilities; Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; Location of the regulatory floodway when applicable;

Full Breakdown

012). 022 requires a development permit before any construction or other development, including prefabricated buildings and manufactured homes, in those mapped areas. Applicants must submit scaled plans showing the location, dimensions, and elevation of existing or proposed structures, the location of water, sewer, storm drainage, and other utilities, grading and drainage information, the location of any regulatory floodway, base flood elevation data, and the proposed elevation of the lowest floor. Nonresidential projects must also show the proposed floodproofing elevation and provide a registered civil engineer's or architect's certification that floodproofing criteria are met.

020, reviews every permit to confirm site safety, confirm other state and federal permits are obtained, and confirm the project will not raise the base flood elevation more than one foot anywhere in the county. The Floodplain Administrator also requires a recorded non-conversion agreement before allowing enclosed space below the base flood elevation, so it cannot later be finished as habitable space without complying with the floodplain ordinance then in effect. 030, and unresolved appeals move to the City Council.

Violations & Fines

Constructing, locating, extending, converting, or altering a structure or land without complying with Chapter 16.52, including without the required development permit, is a misdemeanor under § 16.52.013. The city may also pursue any other lawful remedial action to stop or correct the violation, and § 1.12.020's separate-offense rule applies each day the noncompliant condition continues.

Frequently Asked Questions

Do I need a permit to build in a Cupertino flood zone?
Yes. Municipal Code § 16.52.022 requires a development permit before any construction or other development, including manufactured homes, within an area of special flood hazard mapped on the FEMA Flood Insurance Rate Maps adopted for Cupertino under § 16.52.012.
Who reviews flood zone development permits in Cupertino?
The City Engineer serves as Floodplain Administrator under § 16.52.020 and reviews every application to confirm the site is reasonably safe from flooding, other state and federal permits are obtained, and the project will not raise the base flood elevation more than one foot anywhere in the county.
What information does a Cupertino flood permit application need?
Section 16.52.022 requires scaled plans showing structure locations and elevations, utility layout, grading and drainage information, any regulatory floodway location, base flood elevation data, and the proposed elevation of the lowest floor, plus floodproofing certification for nonresidential buildings.
What happens if I build in a flood zone without a permit?
Building or altering land without complying with Chapter 16.52's permit and construction requirements is a misdemeanor under § 16.52.013, and the city can take further lawful action to remedy the violation, with each day it continues treated as a separate offense.

Sources & Official References

Other rules in Cupertino

All Cupertino rules

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