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West New York, NJ Environmental Rules: Flood Zones (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

FEMA flood zone rules in West New York, NJ, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.

Key Facts

Ordinance
Ch. 204, Ord. No. 18/22, adopted 7-27-2022
NFIP participation
Since May 1, 1984
Effective FIRM date
August 16, 2006 (panels 34017C0042, 0044, 0061)
Floodplain administrator
Construction Code Official
Maximum fine
$1,250 per violation, up to $10,000 for solid waste
Maps on file
Building Department, 428 60th Street

Summary

In the Town of West New York, Hudson County, New Jersey, Chapter 204 applies to all proposed development in flood hazard areas, which § 204-14 defines using the August 16, 2006 Hudson County Flood Insurance Study, FEMA preliminary maps and NJDEP state-regulated areas. The Construction Code Official serves as floodplain administrator.

A. The Town was accepted for participation in the National Flood Insurance Program on May 1, 1984. ... Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the Building Department, 428 60th Street, West New York, New Jersey. C. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area: (1) Effective flood insurance study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Hudson County, New Jersey (All Jurisdictions)" dated August 16, 2006, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 204-14(1) whose effective date is August 16, 2006, are hereby adopted by reference.

Full Breakdown

Chapter 204 was adopted by the Board of Commissioners on 7-27-2022 as Ord. No. 18/22 and replaced the former chapter adopted 7-19-2006. Section 204-4 says the regulations, combined with the flood provisions of the Uniform Construction Code and the New Jersey Flood Hazard Area Control Act, apply to all proposed development in the flood hazard areas set out in Article III. Section 204-13 lists what counts as development: subdivision of land, site improvements and utilities, manufactured homes, recreational vehicles, new construction, additions, repair and rehabilitation of existing buildings, substantial improvement, tanks, and temporary structures and storage.

Section 204-14 establishes the mapped areas. The Town was accepted into the National Flood Insurance Program on May 1, 1984. Three FIRM panels, 34017C0042, 34017C0044 and 34017C0061, all effective August 16, 2006 at revision letter D, are adopted by reference from the Flood Insurance Study for Hudson County. The Town must also use FEMA's preliminary panels 34017C0042E, 34017C0044E and 34017C0061E, dated December 20, 2013 and January 30, 2015, where they show higher flood elevations or larger hazard areas. Other best available data cannot be used to produce less restrictive elevations, design standards or smaller hazard areas than those sources.

The state layer is separate. NJDEP regulates the Hudson River in the Town under map number HSR-1, and a state flood hazard area exists along every regulated water with a drainage area of 50 acres or greater. Because of these higher standards, the regulated area can be more expansive than the FEMA special flood hazard area. Maps and studies are on file at the Building Department, 428 60th Street, West New York.

Section 204-16 designates the Construction Code Official as floodplain administrator, and § 204-19 directs that official to review all permit applications to determine whether proposed development is located in a flood hazard area. Under § 204-12, where this chapter conflicts with another ordinance, code or regulation, the more restrictive governs.

Violations & Fines

Section 204-10 bars constructing, relocating, extending, converting or altering any structure or land without full compliance. A violator is subject to one or more of a fine of not more than $1,250, imprisonment not exceeding 90 days, or community service not exceeding 90 days. Each day is a separate violation, but the owner gets a thirty-day period to cure and a court hearing before a larger fine can be imposed. Unlawful disposal of solid waste in a floodway or floodplain draws a fine not exceeding $10,000 under § 204-11.

Frequently Asked Questions

How do I find out if my property is in a flood hazard area in the Town of West New York?
Maps and studies that establish flood hazard areas are on file at the Building Department, 428 60th Street, West New York. Section 204-14 adopts the August 16, 2006 FIRM panels by reference and requires the Town to weigh FEMA preliminary maps and NJDEP delineations, so check all three sources, not only the effective FIRM.
Who administers the flood rules in West New York?
The Construction Code Official is designated the floodplain administrator under § 204-16 and can delegate duties to other employees. Under § 204-19 that official reviews all permit applications to determine whether proposed development lies in a flood hazard area, interprets boundaries and inspects development for work done without permits.
Does Chapter 204 replace the Town's zoning and building rules?
No. Section 204-12 says the chapter supersedes any ordinance in effect in flood hazard areas but does not repeal existing zoning, subdivision, stormwater or building code ordinances. If any of them conflict with Chapter 204, the more restrictive one governs. Section 204-6 adds that the chapter is enforced together with the Uniform Construction Code.
What is the penalty for building in a flood hazard area without complying?
Section 204-10 allows a fine of not more than $1,250, imprisonment not exceeding 90 days, or community service not exceeding 90 days, in any combination. Each day counts separately, though the owner gets a thirty-day cure period and a hearing before the court, after which a fine greater than $1,250 can be imposed.

Sources & Official References

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