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Cheektowaga, NY Hurricane Preparedness: Flood Elevation (2026)

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

Key Facts

Governing chapter
Ch. 125, Flood Damage Prevention
Residential elevation standard
2 feet above base flood elevation
Permit authority
Town Engineer (local administrator)
Permit fee
$100, plus up to $500 deposit
Max fine
$250 per day of violation
FIRM effective date
June 7, 2019

Summary

Any new or substantially improved home built in a Cheektowaga special flood hazard area must have its lowest floor, including the basement, raised at least two feet above the base flood elevation. A Town Engineer-issued floodplain development permit is required before construction starts.

§ 125-17. Residential structures. Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard... A. Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Chapter 125, Flood Damage Prevention, adopted under the National Flood Insurance Program, sets the elevation standard that keeps homes in FEMA-mapped flood hazard zones insurable and out of repeated flood damage. Section 125-17A requires that, within Zones A1-A30, AE and AH, and Zone A where base flood elevation data exists, new construction and substantial improvements to residential structures have the lowest floor, including any basement, elevated to or above two feet above the base flood elevation. Where no base flood elevation data is available in Zone A, § 125-17B instead requires the lowest floor to sit at least three feet above the highest adjacent grade, and Zone AO structures must clear the FIRM-listed depth number plus two feet, or three feet if no depth number is listed (§ 125-17C).

No work in a mapped flood hazard area can begin without a floodplain development permit issued by the Town Engineer, who serves as the chapter's local administrator (§ 125-11, § 125-12A); the permit application carries a $100 fee plus up to a $500 deposit for review and inspection costs (§ 125-12B). Once the lowest floor is in place, the permit holder must submit an as-built elevation certificate prepared by a licensed surveyor or engineer to the local administrator (§ 125-13A, § 125-14D). The Town's Flood Insurance Rate Maps, effective June 7, 2019, and the accompanying Erie County Flood Insurance Study of the same date, are on file with the Town Engineer at the Alexander Community Center, 275 Alexander Avenue.

Violations & Fines

Building or altering a structure in a special flood hazard area without a floodplain development permit, or without meeting the elevation certificate requirement, is a violation under § 125-9, punishable by a fine of no more than $250 or imprisonment for up to 15 days, or both, with each day of noncompliance a separate offense. The local administrator can also issue a stop-work order for uncertified or noncompliant construction (§ 125-14F), and an unresolved violation is reported to FEMA (§ 125-9).

Frequently Asked Questions

How high above the flood level must a Cheektowaga home be built?
In the mapped special flood hazard zones, § 125-17A requires the lowest floor, including any basement, to be elevated to or above two feet above the base flood elevation for new construction and substantial improvements.
Do I need a permit to build in a Cheektowaga flood zone?
Yes. Section 125-12A makes it unlawful to undertake any development in an area of special flood hazard without a floodplain development permit issued by the Town Engineer, who acts as the chapter's local administrator.
What happens if I build below the required flood elevation?
The Town Engineer can issue a stop-work order and the project becomes a violation under § 125-9, carrying a fine of up to $250 or 15 days imprisonment per day of noncompliance, and the structure can be reported to FEMA as noncompliant.

Sources & Official References

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