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Tonawanda, NY Hurricane Preparedness: Flood Elevation (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Under § 92-4D(1) your floodplain development permit application must state the proposed elevation, measured against mean sea level, of the lowest floor of the structure, including any basement or cellar, if the site sits in a Special Flood Hazard Area. The Town Engineer reviews this figure before issuing the permit.
Do I have to prove the elevation again after construction?
Yes. Section 92-4H(1) requires you to submit a certification of the as-built lowest-floor elevation, prepared by a licensed land surveyor or professional engineer, once that floor is placed. Skipping this step leaves the project noncompliant and can trigger a stop-work order from the Town Engineer under § 92-4J.
Is the elevation measured differently near the Niagara River's coastal zones?
Yes. In Zones V1-V30 and VE, § 92-4D(1.1), added in 2021, requires the applicant to certify the elevation of the bottom of the lowest structural member of the lowest floor, excluding pilings and columns, rather than the top of the lowest floor used elsewhere in the Town.

Sources & Official References

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