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Smithtown, NY Environmental Rules: Flood Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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?
Yes. Section 168-12A makes it unlawful to undertake any development, including construction, filling or grading, in an area of special flood hazard shown on the Town's FEMA Flood Insurance Rate Map without a valid floodplain development permit, issued by the Director of Planning as the Town's local administrator.
How much does a Smithtown floodplain permit cost?
Section 168-12B sets the base application fee at $2 per square foot of gross floor area being constructed or improved, and the local administrator can require an additional deposit of up to $500 to cover the Town's review, inspection and approval costs for the project.
What happens if I build in a flood zone without a permit?
Section 168-9 makes unpermitted construction, alteration, excavation or filling in a special flood hazard area a violation punishable by a fine of up to $250 or up to 15 days in jail, or both, with each day of continued noncompliance a separate offense, and the structure reported to FEMA if no variance is obtained.

Sources & Official References

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