Clay, NY Hurricane Preparedness: Flood Elevation (2026)
Key Facts
- Who certifies
- Licensed engineer or surveyor
- When filed
- Upon completion of lowest floor
- Applies to
- Zones A1-A30, AE, AH (and A with data)
- RV exemption
- Under 180 consecutive days on site
- Enforcing agency
- Planning and Development Department
Summary
Before building or substantially improving a structure in one of the Town of Clay's mapped flood zones, an owner must state the proposed elevation of the lowest floor and later certify the as-built elevation once it's placed. A licensed engineer or surveyor must sign off, and the certificate becomes part of the Town's permanent floodplain file.
§ 112-13. Application for permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
Full Breakdown
Town Code § 112-13 sets what an applicant for a floodplain development permit must submit once a project sits in Zones A1-A30, AE, or AH, or in Zone A where base flood elevation data exist. The applicant states the proposed elevation of the lowest floor, including any basement or cellar, in relation to mean sea level. After the lowest floor is placed, § 112-14D requires the permit holder to obtain a certification of the as-built elevation, prepared and certified by a licensed land surveyor or professional engineer, before any further construction proceeds at the owner's risk.
Manufactured homes must file the same certificate upon placement on the site, and a recreational vehicle needs one if it stays on a lot 180 consecutive days or longer unless it remains fully licensed and ready for highway use. The Planning and Development Department, designated local administrator under § 112-11, reviews the submitted data and can issue a stop-work order under § 112-14F if deficiencies are found before the certification is approved, with disregard of that order subject to the § 112-9 penalty. The department also keeps every certification of as-built lowest-floor elevation on file for inspection under § 112-14H.
A certificate of compliance under § 112-14G, required before the building may be occupied, is issued only after these elevation certifications and any required inspections are satisfactorily completed.
Violations & Fines
Occupying or using a building in a flood hazard area before the local administrator issues a certificate of compliance is unlawful under § 112-14G. Submitting no elevation certification, or continuing construction after the administrator flags a deficiency, exposes the permit holder to the § 112-9 penalty: a fine up to $250, up to 15 days in jail, or both, with each day of noncompliance a separate offense.
Frequently Asked Questions
Who has to certify the elevation of a new home's lowest floor in Clay?
Does a camper or RV parked on my flood-zone lot need an elevation certificate?
What happens if I start building before my elevation data is approved?
Sources & Official References
Other rules in Clay
New York rules heatmap·Compare Clay to another location·View the New York hurricane preparedness overview
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