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Irvington, NJ Environmental Rules: Flood Zones (2026)

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

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

Key Facts

NFIP participation date
April 10, 2007
Floodplain Administrator
Township Engineer
Base fine
Up to $1,500 or 90 days
Cure period before enhanced fine
30 days
Illegal floodway dumping fine
Up to $10,000
Variance authority
Essex County Construction Board of Appeals

Summary

No structure or land in an Irvington flood hazard area may be built, extended, converted or altered without a floodplain development permit and full compliance with Chapter 313. The Township joined the National Flood Insurance Program on April 10, 2007, and violations carry fines up to $1,500 plus possible jail time or community service.

No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this chapter or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,500, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. ... The Township of Irvington was accepted for participation in the National Flood Insurance Program on April 10, 2007.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).

Full Breakdown

Chapter 313, Flood Damage Prevention, adopted in 2023 to replace an earlier 2007 ordinance, applies alongside the Uniform Construction Code and the state Flood Hazard Area Control Act to all proposed development in flood hazard areas established under § 313-102. Covered development spans subdivision of land, site improvements and utility installation, placement of manufactured homes and recreational vehicles, new construction and additions, substantial improvement or repair of substantial damage, tank installation, and temporary structures and storage. Section 313-104 requires a floodplain development permit from the Floodplain Administrator, a role the Township Engineer holds, before any such work begins; the Administrator can require a separate building permit as well. 2. Irvington was accepted into the National Flood Insurance Program on April 10, 2007. 4.

Violations & Fines

Building or altering a structure in a flood hazard area without complying with Chapter 313 is a violation of N.J.S.A. 40:49-5, punishable by a fine of up to $1,500, up to 90 days' imprisonment, or up to 90 days' community service, with each day of a continuing violation a separate offense. Owners get a 30-day cure period before a fine above $1,500 can be imposed, and unlawfully dumping solid waste in a floodway or floodplain draws a separate fine of up to $10,000 under the same state statute.

Frequently Asked Questions

Do I need a permit to build in an Irvington flood hazard area?
Yes. Chapter 313 requires a floodplain development permit from the Floodplain Administrator, the Township Engineer, before any construction, alteration, fill, or substantial improvement in an area established as a flood hazard area under § 313-102, in addition to any building permit the Uniform Construction Code requires.
What happens if I build in an Irvington flood zone without a permit?
You face a fine of up to $1,500, up to 90 days' imprisonment or 90 days' community service under N.J.S.A. 40:49-5, with a 30-day window to cure the violation before a higher fine applies. Each day the violation continues counts as a separate offense under § 313-101.8.
Who decides Irvington's flood hazard area variances?
The Essex County Construction Board of Appeals, not a Township board, hears and decides variance requests under § 313-107. It cannot grant a variance for floodway development that would increase flood levels during the base flood discharge, and any variance must be the minimum necessary under the chapter's other restrictions.

Sources & Official References

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