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

Key Facts

Adopted
June 30, 2009, L.L. No. 6-2009
Permit fee
$25 application fee
Review deposit
Up to $500
Administrator
Commissioner, Planning and Development
Penalty
Up to $250 fine, 15 days jail
FIRM community number
360483

Summary

The Town of Oyster Bay requires a floodplain development permit before any construction, filling, grading or excavation in a FEMA-mapped area of special flood hazard. Applications cost $25 plus a possible $500 deposit for engineering review, and the Commissioner of Planning and Development administers the program.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Oyster Bay, Nassau County, New York. ... 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... 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 § 121-6, without a valid floodplain development permit. ... All applications for a floodplain development permit shall be accompanied by an application fee of $25. In addition, the applicant shall be responsible for reimbursing the Town of Oyster Bay for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of not more than $500 to cover these additional costs.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

L. No. 6-2009), applies to "all areas of special flood hazard within the jurisdiction of the Town of Oyster Bay, Nassau County, New York" (§ 121-5), meaning it does not reach the roughly twenty incorporated villages inside the Town, each of which floods under its own code. Special flood hazard areas are those shown on FEMA's Flood Insurance Rate Map for Community Number 360483, tied to a Flood Insurance Study dated September 11, 2009 and kept on file at Town Hall, Department of Planning and Development, Audrey Avenue (§ 121-6).

Under § 121-12, it is unlawful to undertake any development, including filling, grading, dredging, paving or new structures, in a special flood hazard area without a valid floodplain development permit issued by the local administrator, defined in § 121-11 as the Commissioner of the Department of Planning and Development. The application fee is $25, and the local administrator may require a deposit of up to $500 to cover added review, inspection and approval costs (§ 121-12B). Section 121-13 requires elevation certifications from a licensed engineer or surveyor for the lowest floor of new or substantially improved structures in Zones A1-A30, AE, AH and A, and for the lowest structural member in V-zones, plus engineer-certified floodproofing plans for nonresidential buildings and breakaway-wall designs exceeding 20 pounds per square foot in V-zones.

The local administrator reviews every application for completeness and for whether a proposed site will be reasonably safe from flooding, and must deny a permit that would cause physical damage to another property until the applicant mitigates the impact (§ 121-14).

Violations & Fines

Building, filling or excavating in a mapped flood hazard area without a permit, or failing to meet permit conditions, is a violation of Chapter 121 under § 121-9. A conviction carries a fine of up to $250, imprisonment of up to 15 days, or both, with each day of noncompliance charged as a separate offense. Noncompliant structures that never obtained an approved variance under §§ 121-22 and 121-23 are declared noncompliant and reported to FEMA.

Frequently Asked Questions

Do I need a permit to build in an Oyster Bay flood zone?
Yes. Section 121-12 makes it unlawful to undertake any development, including new construction, filling or grading, in a FEMA-mapped area of special flood hazard without a floodplain development permit from the Town's local administrator, the Commissioner of Planning and Development.
How much does an Oyster Bay floodplain permit cost?
The base application fee is $25 under § 121-12B. The local administrator can also require a deposit of up to $500 to cover the Town's added costs for reviewing, inspecting and approving the project.
Does Chapter 121 cover the Village of Bayville or Sea Cliff?
No. Section 121-5 limits the chapter to areas of special flood hazard within the Town of Oyster Bay's own jurisdiction. Incorporated villages inside the Town, including Bayville and Sea Cliff, enforce their own separate flood damage prevention codes.
What happens if I build without a floodplain permit?
Section 121-9 makes it a violation punishable by a fine of up to $250, up to 15 days in jail, or both, with each day the violation continues counted as a separate offense; the Town can also pursue other lawful remedies.

Sources & Official References

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