Tonawanda, NY Hurricane Preparedness: Flood Elevation (2026)
Key Facts
- Elevation datum
- Mean sea level
- Who certifies
- Licensed professional engineer or surveyor
- Applies to
- New or substantially improved SFHA structures
- Coastal V/VE zones
- Certify lowest structural member instead
- Administrator
- Town Engineer
- Enforcement tool
- Stop-work order under § 92-4J
Summary
Anyone seeking a Town of Tonawanda floodplain development permit for a new or substantially improved structure in a special flood hazard area must state the proposed lowest-floor elevation in relation to mean sea level under § 92-4D(1). Once the lowest floor is built, the permit holder must submit an as-built elevation certified by a licensed professional engineer or surveyor to the Town Engineer.
D. Application for a permit. ... The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. ... (1) 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 a Special Flood Hazard Area (SFHA). Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
Full Breakdown
Town Code § 92-4D governs what an applicant must submit to the Town Engineer, the local administrator, when applying for a floodplain development permit. Under § 92-4D(1), the application for any new or substantially improved structure proposed for a Special Flood Hazard Area must state the proposed elevation, in relation to mean sea level, of the lowest floor, including any basement or cellar. That is not the end of the obligation: once the lowest floor is completed, § 92-4H(1) requires the permit holder to submit a certification of the as-built elevation, prepared by or under the direct supervision of a licensed land surveyor or professional engineer.
A parallel rule under § 92-4D(1.1), added April 19, 2021, by Local Law No. 2-2021, applies in the Town's coastal high-hazard Zones V1-V30 and VE: there the applicant must instead state the elevation of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, with the same as-built certification required after construction. The Town Engineer reviews this elevation data as part of permit application review under § 92-4E before any permit issues, and manufactured homes and recreational vehicles left on site 180 days or more must also submit an elevation certificate.
Violations & Fines
Undertaking construction in a special flood hazard area without submitting the required elevation data, or without the as-built certification once the lowest floor is complete, makes the development noncompliant under § 92-3E. The Town Engineer can issue a stop-work order under § 92-4J, and the underlying violation is punishable by a fine of up to $250, imprisonment for up to 15 days, or both, with each day counted separately.
Frequently Asked Questions
What elevation information do I need to submit before building?
Do I have to prove the elevation again after construction?
Is the elevation measured differently near the Niagara River's coastal zones?
Sources & Official References
Other rules in Tonawanda
New York rules heatmap·Compare Tonawanda to another location·View the New York hurricane preparedness overview
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