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Millcreek, PA Environmental Rules: Flood Zones (2026)

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

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

Key Facts

Governing section
Millcreek Township Code § 70-74, identified floodplain areas
Mapped area
FEMA FIS and FIRMs dated June 7, 2017, or latest revision
Watercourse setback
50 feet landward from top of bank in AE and A areas
Floodway
No encroachment without hydrologic and hydraulic no-rise analysis
Administrator
Zoning Administrator serves as Floodplain Administrator
Fines
$500 or $250 per violation per day under § 70-95

Summary

In Millcreek Township, Erie County, Pennsylvania, the identified floodplain is every special flood hazard area on the FEMA maps dated June 7, 2017, or the most recent revision. Floodway encroachments need an engineering no-rise showing, and new construction is barred within 50 feet landward of the top of bank of any watercourse in AE and A areas.

The identified floodplain area shall consist of the following specific areas: A. Floodway area. In a floodway area, as defined in Article VIII: (1) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. ... (2) No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office. B. AE Area/District. In an AE Area, as defined in Article VIII: ... (1) No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse. ... C. A Area/District. In an A Area (defined in Article VIII): (1) No new construction or development shall be located within the area measured 50 feet landward from the top of bank of any watercourse.

Full Breakdown

Millcreek Township's floodplain rules sit in Chapter 70, Part 7 of the Code of the Township of Millcreek. Section 70-72 defines the identified floodplain area as every special flood hazard area in the Flood Insurance Study and Flood Insurance Rate Maps dated June 7, 2017, issued by FEMA, or the most recent revision, and § 70-73 adopts those maps and any later amendments as part of the Part. Section 70-74 then sorts the area into zones with their own limits. In a floodway, fill, new construction, substantial improvements and other development are barred unless a hydrologic and hydraulic analysis shows no increase in flood levels during the base flood discharge, and no new construction or development is allowed without a permit from the Department of Environmental Protection Regional Office. In AE and A areas, no new construction or development may be located within 50 feet landward from the top of bank of any watercourse.

Part 7 creates no separate permit. Section 70-61 ties it to the zoning permit under Chapter 145 and land development under Chapter 125, and the Zoning Administrator serves as Floodplain Administrator under § 70-60. Section 70-62(C) requires the applicant to confirm other state and federal permits, verified by letter, before a permit issues, and § 70-64 sends floodplain applications to the County Conservation District for review before a zoning permit issues. Under § 70-69, work must begin within 180 days after issuance and be completed within 12 months or the permit expires, unless the Floodplain Administrator grants a written extension. Section 70-77 bars any alteration of a watercourse until adjacent municipalities are notified and Department of Environmental Protection approvals are obtained, and requires data to FEMA for a Letter of Map Revision within six months of work that changes base flood elevations.

A dispute over a floodplain boundary goes first to the Floodplain Administrator, with appeal to the Zoning Hearing Board, and the burden of proof is on the appellant (§ 70-76). Section 70-55 warns that larger floods can occur and that land outside the mapped area is not promised to be free from flooding.

Violations & Fines

Under § 70-95, a Magisterial District Judge imposes a $500 fine per violation for each day for failing to apply for a required permit, violating an action on an application or appeal, making a false representation of a material fact, or developing contrary to what was approved. All other Part 7 violations carry $250 per violation per day, plus costs and attorney's fees. The Floodplain Administrator must revoke a permit for noncompliant work under § 70-62(F).

Frequently Asked Questions

Which flood maps does Millcreek Township use?
Section 70-72 identifies the floodplain as the special flood hazard areas in the FEMA Flood Insurance Study and Flood Insurance Rate Maps dated June 7, 2017, or the most recent revision, including the digital data. Section 70-73 adopts those maps and any later revisions as part of Chapter 70, Part 7.
Can I build near a creek in an AE or A area in Millcreek Township?
No new construction or development may be located within the area measured 50 feet landward from the top of bank of any watercourse in an AE or A area (§ 70-74B and C). Inside a floodway, encroachments including fill need an analysis showing no increase in flood levels, plus a Department of Environmental Protection permit.
Who issues floodplain approvals in Millcreek Township?
The Zoning Administrator is appointed Floodplain Administrator under § 70-60 and issues the zoning permit only after confirming the work conforms to Part 7. The Part adds no independent permit, so the review runs through the Chapter 145 zoning permit and Chapter 125 land development approvals.
What if I disagree with where the floodplain boundary falls on my lot?
Under § 70-76, the Township's Floodplain Administrator makes an initial determination, and a party aggrieved by that decision may appeal to the Zoning Hearing Board. The burden of proof is on the appellant. Revisions to the identified floodplain itself need Board of Supervisors action and prior FEMA approval under § 70-75.

Sources & Official References

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Significant Restrictions