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Shelby, MI Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Shelby, MI, 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
Section 440-4E, "Uninhabitable areas"
Rule
Flood-prone land cannot be platted for residential use
Council discretion
Any land deemed uninhabitable may also be rejected
Reserved use
Flood-prone acreage may become a park or open space
Review body
Shelby Development and Planning Commission, 30-day recommendation
Penalty
Misdemeanor, up to $100 fine or 30 days jail

Summary

The Village of Shelby's subdivision ordinance forbids platting land subject to flooding for residential use. Under Chapter 440, Section 440-4E, the Village Council can also refuse plats on any land it deems uninhabitable if development would raise flood hazard or endanger health, life or property, though the reserved acreage can still become a subdivision park or open space.

Uninhabitable areas. Lands subject to flooding or otherwise deemed by the Village Council to be uninhabitable shall not be platted for residential purposes or for uses that may, in the judgment of the Village Council, increase the danger to health, life or property or increase the flood hazard. Such land within a subdivision may be set aside for other uses, such as parks or other open space. ... Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be fined not more than $100 or imprisoned for not more than 30 days, or both, for each offense. Each day such violation shall continue shall be considered a separate offense.

Full Breakdown

Shelby's Subdivision Regulations, Chapter 440 of the Village Code, set lot standards for every plat filed with the Village Clerk/Treasurer. Section 440-4, "Requirements for lots," Subsection E, titled "Uninhabitable areas," states that lands subject to flooding, or otherwise deemed by the Village Council to be uninhabitable, shall not be platted for residential purposes or for any use that could, in the Council's judgment, increase the danger to health, life or property or increase the flood hazard. The same subsection lets a developer set aside that flood-prone acreage inside the subdivision for another use, such as a park or other open space, rather than losing the parcel outright.

This flood check sits alongside the chapter's other lot rules: absent a specific Zoning Ordinance standard, Section 440-4A(2) sets a floor of 66 feet of width, 100 feet of depth and 12,000 square feet of area for any lot in a Village plat, and corner lots must carry extra width under Section 440-4D. Preliminary plats go first to the Shelby Development and Planning Commission, which has 30 days to recommend action before the Village Council votes; that 30-day silence counts as an approval, per Section 440-3B.

Because the flood-hazard determination is made at this platting stage, not later at building-permit stage, a lot rejected for flooding under Section 440-4E never becomes a legal buildable parcel, and the flood-prone ground stays in the recorded plat as open space or park land instead of a house site. The chapter closes with a severability clause, Section 440-6, and the general misdemeanor penalty at Section 440-7 that applies chapter-wide, including to a plat filed or built in violation of the flood restriction.

Violations & Fines

Filing or approving a plat that ignores Shelby's flood-hazard restriction violates Chapter 440. Under Section 440-7, anyone who violates or fails to comply with any provision of the Subdivision Regulations is guilty of a misdemeanor, fined up to $100, jailed up to 30 days, or both, and every day the violation continues counts as a separate offense. The Village Council, any Village official or a private citizen may also sue to restrain or prevent the violation.

Frequently Asked Questions

Can flood-prone land in Shelby be platted for a house?
No. Section 440-4E of the Village's Subdivision Regulations says land subject to flooding, or land the Village Council otherwise deems uninhabitable, cannot be platted for residential purposes. The Council can also reject a plat for any use it judges would increase flood hazard or endanger health, life or property, so a proposed residential lot on wet ground gets refused at the platting stage.
What happens to the flood-prone part of a subdivision?
The developer can set that land aside inside the recorded plat for another purpose, such as a park or other open space, instead of losing it entirely. Section 440-4E specifically allows this alternative use, so flood-prone acreage becomes shared subdivision open space rather than a house lot.
Who reviews a Shelby preliminary plat for flood hazards?
The Shelby Development and Planning Commission reviews every preliminary plat and must recommend approval or rejection within 30 days; if it misses that deadline, the plat is deemed approved. The Village Council then votes at its next meeting, and flood-hazard land can be rejected under Section 440-4E before any lots are recorded.
What's the penalty for violating Shelby's subdivision chapter?
Section 440-7 makes any violation of Chapter 440 a misdemeanor punishable by a fine of up to $100, imprisonment of up to 30 days, or both. Each day the violation continues is treated as a separate offense, and the Village Council, a Village official or a private citizen can also sue to stop the violation directly.

Sources & Official References

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