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Upper Darby, PA Environmental Rules: Flood Zones (2026)

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

FEMA flood zone rules in Upper Darby, PA, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Enabling law
PA Flood Plain Management Act of 1978
Permit authority
Township Engineer as Floodplain Administrator
Notice period
Up to 30 days to correct
Max penalty
$1,000 for safety-code violations
Appeal path
Zoning Hearing Board within 30 days

Summary

Upper Darby requires a Floodplain Administrator permit before any construction or development begins inside a mapped floodplain, under Chapter 305 implementing the state's 1978 Flood Plain Management Act. Work that isn't a "substantial improvement" can skip the permit but still must be reviewed and logged by the Township Engineer acting as Administrator.

A. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within a floodplain in Upper Darby Township unless a permit has been obtained from the Floodplain Administrator.

B. A permit shall not be required for work that is not considered a substantial improvement. Work within a floodplain that is not considered a substantial improvement but requires a permit per other regulations shall still be reviewed and recorded by the Floodplain Administrator and shall meet all applicable requirements of this chapter.

Full Breakdown

" The Township Engineer serves as Floodplain Administrator (Section 305-7A), with the Director of Licenses and Inspections filling in if that post is vacant. Before issuing a permit, the Administrator must confirm the project has cleared every other required state and federal approval, including the Pennsylvania Sewage Facilities Act, the Dam Safety and Encroachments Act, the Clean Streams Act, and Section 404 of the federal Clean Water Act (Section 305-9B), and must review the property's repair history for repetitive flood-loss concerns before permitting existing structures (Section 305-9C).

During construction the Administrator can enter the site at any reasonable hour to inspect for compliance (Section 305-9E), and can revoke a permit for noncompliance or misrepresentation (Section 305-9F). Work that does not rise to a "substantial improvement" does not need a floodplain permit, but Section 305-3B still requires the Administrator to review and record it if another regulation calls for one. Appeals from an Administrator decision go to the Zoning Hearing Board within 30 days, and from there to court under Section 305-17.

Violations & Fines

Building without the required floodplain permit is enforced by written notice giving up to 30 days to correct the violation (Section 305-16A). Beyond that, enforcement proceeds by civil complaint: violations tied to building, housing, property maintenance, health, fire or public safety carry a penalty up to $1,000 plus prosecution costs and Township attorneys' fees, while any other violation carries up to $600, with each day and each subsection a separate offense (Section 305-16B).

Frequently Asked Questions

Do I need a permit to build in an Upper Darby floodplain?
Yes. Section 305-3A makes it unlawful to undertake any construction or development in a mapped floodplain without a permit from the Floodplain Administrator, who is the Township Engineer. Work that isn't a "substantial improvement" skips the permit itself but must still be reviewed and logged under Section 305-3B.
Who administers Upper Darby's floodplain rules?
The Township Engineer is designated the Floodplain Administrator under Section 305-7A, with the Director of Licenses and Inspections stepping in if that role is vacant. The Administrator confirms other state and federal permits, like Clean Streams Act and Clean Water Act Section 404 approvals, are secured before issuing a Township permit.
What happens if I build in the floodplain without a permit?
The Floodplain Administrator issues a written notice giving up to 30 days to correct the violation. If it isn't fixed, enforcement proceeds by civil complaint under Section 305-16B, with penalties up to $1,000 for safety-related violations or $600 for other violations, plus costs and attorneys' fees, and each day counted separately.

Sources & Official References

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