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Hempstead, NY Hurricane Preparedness: Flood Elevation (2026)

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

Key Facts

Enforcing agency
Town of Hempstead Building Department
Min. first-floor elevation
1.5 ft above groundwater table
Flood wall standard
Monolithic, waterproofed below 9 ft MSL
Garage floor min.
6 in. above road crown at entrance
First-offense penalty
$500 to $2,500 fine or 15 days jail

Summary

Before the Building Department will approve construction, a new Hempstead dwelling's first floor must sit at least one and a half feet above the local groundwater table, and any exterior wall built below nine feet above mean sea level must be solid, opening-free monolithic construction that is fully waterproofed. Garage floors and street grading carry their own elevation minimums.

No person shall erect any dwelling within the Town of Hempstead having a first floor elevation less than 1 1/2 feet above the highest level of the groundwater table for the location of such dwelling or dwellings as determined from the records of the Nassau County Department of Public Works. All exterior walls of any such dwelling below the elevation of nine feet above mean sea level on any building plot, the grade of which is not wholly above the elevation of nine feet above mean sea level, shall be of monolithic construction without openings, and all such walls and floors below the elevation of nine feet shall be properly waterproofed with a waterproofing material approved by the Building Department.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Chapter 86, Building Construction Administration, Section 86-9E, sets the flood-resistant elevation standards the Building Inspector checks before issuing a permit or certificate of occupancy. The first-floor elevation of any dwelling must clear the highest recorded groundwater table for that lot, as shown in Nassau County Department of Public Works records, by at least one and a half feet. Any exterior wall standing below the nine-foot mean-sea-level line must be built of monolithic construction without openings and waterproofed with a Building Department-approved material, and a flat-slab dwelling built without a cellar or crawl space must set its slab at least 18 inches above the crown of the adjoining road, or nine feet above sea level, whichever is higher.

Attached garages get their own rule: the floor must sit at least six inches above the highest point of the road crown at the entrance, with a concrete curb to stop street runoff and a floor sloped toward the entrance for drainage, though the Superintendent of Highways, Town Engineer and Building Department manager can jointly waive that rule for hardship cases. 5 feet above mean sea level before a building permit issues, unless the owner posts a performance bond to grade or install the street to that height.

Violations & Fines

Building without an approved permit or below the required elevations is a Chapter 86 violation under Section 86-25: a first offense carries a fine of $500 to $2,500 or up to 15 days in jail, a second offense within five years rises to $1,500 to $5,000, and a third or later offense within five years reaches $3,000 to $10,000, with each day the violation continues counted as a separate offense.

Frequently Asked Questions

How high above the groundwater table must a Hempstead home's first floor be?
Section 86-9E(1) requires at least one and a half feet of clearance between the first floor and the highest recorded groundwater table for that lot, based on Nassau County Department of Public Works data, before the Building Department will approve construction.
What construction is required for walls below the nine-foot flood line?
Any exterior wall sitting below nine feet above mean sea level must be built as monolithic construction with no openings and must be waterproofed with a Building Department-approved material, so flood water cannot seep through cracks, joints or window openings below that elevation.
Are garages held to the same elevation rule?
Garages get a separate standard: the floor must be at least six inches above the highest point of the road crown at the garage entrance, with a concrete curb and drainage slope, though the Superintendent of Highways, Town Engineer and Building Department manager can jointly waive it for hardship cases.
What happens if I skip these elevation requirements?
The Building Inspector can deny the certificate of occupancy, and building in violation of Chapter 86 carries escalating fines under Section 86-25, from $500-$2,500 for a first offense up to $3,000-$10,000 for a third offense within five years, with jail time possible in each tier.

Sources & Official References

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