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

Key Facts

Local administrator
Town Engineer
Community ID number
360260
FIRM effective date
June 16, 2021
Application deposit cap
Up to $500 for review costs
Maximum penalty
$250 fine and/or 15 days jail
Adopted
April 8, 2019, L.L. No. 1-2019

Summary

Any construction, filling, grading or other development in a Town of Tonawanda area of special flood hazard requires a floodplain development permit under Town Code § 92-4B. The Town Engineer serves as local administrator, reviewing applications against the FEMA Flood Insurance Rate Maps for Community Identification Number 360260. Undertaking work in the mapped floodplain without that permit is unlawful and carries fines and possible jail time.

§ 92-3. General provisions. ... A. Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Tonawanda, Erie County, Community Identification Number (CID) 360260. ... ... § 92-4. Administration. ... ... B. The floodplain development permit. 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 § 92-3B, without a valid floodplain development permit.

Full Breakdown

Chapter 92, Flood Damage Prevention, applies to all areas of special flood hazard within the jurisdiction of the Town of Tonawanda, Erie County, under Community Identification Number (CID) 360260, per § 92-3A. The Town adopted the current chapter April 8, 2019, by Local Law No. 1-2019, repealing and replacing a 1982 version, and amended it again April 19, 2021, by Local Law No. 2-2021 to add coastal-zone provisions. Section 92-3B bases the mapped flood hazard areas on Flood Insurance Rate Map panels effective June 16, 2021, and on the Flood Insurance Study for Erie County, New York (All Jurisdictions), also dated June 16, 2021; both documents are kept on file at the Office of the Town Engineer, 2919 Delaware Avenue, Kenmore, New York 14217.

Under § 92-4A the Town Engineer is the local administrator who grants or denies floodplain development permits, and § 92-4B makes it unlawful to undertake any development, defined broadly to include buildings, mining, dredging, filling, paving, excavation or drilling, in a mapped special flood hazard area without a valid permit. Applications require an application fee set at the Town's most recent organizational meeting, and the administrator may also require a deposit of up to $500 under § 92-4C to cover additional review, inspection and approval costs.

Violations & Fines

Section 92-3E makes it a violation to construct, locate, extend, convert or alter a structure, or to excavate or fill land, in a special flood hazard area without full compliance with Chapter 92. On conviction, the penalty is a fine of up to $250, imprisonment for up to 15 days, or both, with each day of noncompliance a separate offense; the Town can also pursue other lawful remedies and must notify FEMA of any structure built without an approved variance.

Frequently Asked Questions

Do I need a permit to build in a Tonawanda flood zone?
Yes. Section 92-4B requires a floodplain development permit for any construction or other development, including filling, grading, paving or drilling, undertaken in an area of special flood hazard shown on the Town's FEMA Flood Insurance Rate Maps. The Town Engineer, acting as local administrator, reviews the application before deciding whether to grant it.
Where can I see whether my property is in the mapped floodplain?
The Town Engineer keeps the adopted Flood Insurance Rate Map panels and the Flood Insurance Study for Erie County on file at the Office of the Town Engineer, 2919 Delaware Avenue in Kenmore, New York. Section 92-3B lists Community Identification Number 360260 and the panels' June 16, 2021 effective date as the basis for the mapped special flood hazard areas.
What happens if I build without the required permit?
Section 92-3E treats unpermitted construction, filling or excavation in a special flood hazard area as a violation punishable by a fine of up to $250, imprisonment for up to 15 days, or both, with each day of noncompliance a separate offense. Noncompliant structures without an approved variance are also reported to FEMA.

Sources & Official References

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