Smithtown, NY Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Smithtown, NY, 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 for
- All development in special flood hazard areas
- Administered by
- Director of Planning (local administrator)
- Application fee
- $2 per square foot of floor area
- Review deposit
- Up to $500 for extra costs
- Adopted
- August 11, 2009 (L.L. No. 4-2009)
- Max penalty
- $250 fine or 15 days jail
Summary
Smithtown requires a floodplain development permit before any construction, filling, grading or other development can proceed in an area of special flood hazard shown on the Town's FEMA flood maps. The Director of Planning administers the permit as local administrator, and applications carry a $2-per-square-foot fee. Building without a permit in a flood zone is unlawful under Chapter 168.
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 for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. 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 § 168-6, without a valid floodplain development permit. ... All applications for a floodplain development permit shall be accompanied by an application fee of $2 per square foot of gross floor area to be constructed or improved on the premises.
Full Breakdown
Chapter 168, Flood Damage Prevention, adopted August 11, 2009 by Local Law No. 4-2009, implements the National Flood Insurance Program in Smithtown. Section 168-11 designates the Director of Planning as local administrator, responsible for granting or denying floodplain development permits. Section 168-12A creates the permit itself and states plainly that it is unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map referenced in § 168-6, without a valid permit. The area of special flood hazard is defined by FEMA's Flood Insurance Rate Map panels for Community Number 360810, effective September 25, 2009, and the accompanying Flood Insurance Study for Suffolk County, both on file with the Planning Department at Town Hall Annex Building 2.
An applicant must submit plans in duplicate showing the nature, location, dimensions and elevation of the site, along with existing or proposed structures, fill and drainage facilities. Section 168-12B sets the fee at $2 per square foot of gross floor area to be built or improved, and the local administrator may also require a deposit of up to $500 to cover additional review, inspection and approval costs. Section 168-13 lists the technical submissions required depending on flood zone, including as-built elevation certifications from a licensed engineer or surveyor once the lowest floor is complete.
Violations & Fines
Section 168-9 makes it unlawful to construct, locate, extend, convert or alter a structure, or to excavate or fill land, in an area of special flood hazard without complying with Chapter 168, including any permit conditions. A violation is punishable by a fine of no more than $250 or imprisonment for not more than 15 days, or both, with each day of noncompliance a separate offense. A noncompliant structure without an approved variance is reported to FEMA.
Frequently Asked Questions
Do I need a permit to build in a Smithtown flood zone?
How much does a Smithtown floodplain permit cost?
What happens if I build in a flood zone without a permit?
Sources & Official References
Other rules in Smithtown
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Flood Zones in Nearby Cities
How other cities in Suffolk County handle flood zones.