Pennsylvania Statewide Rule

Pennsylvania Floodplain Management Act Local Mandates

Heavy RestrictionsApplies statewide across Pennsylvania (2026)

Key Facts

Citation: Act 166 of 1978
Standard: Meets NFIP 44 CFR 60.3
Lead agency: PA DCED
Permit trigger: Any floodplain development

Last verified: August 21, 2026Source: Commonwealth of Pennsylvania

Summary

The Pennsylvania Floodplain Management Act (Act 166 of 1978) requires identified flood-prone municipalities to adopt and enforce floodplain ordinances meeting National Flood Insurance Program standards or face state and federal sanctions.

Section 202. Adoption of flood plain management regulations. Each municipality which has been identified by the United States Department of Housing and Urban Development as having an area or areas subject to flooding, shall adopt such flood plain management regulations, and amendments thereto, as are necessary to comply with the requirements of the National Flood Insurance Program within six months after a flood plain map is approved or promulgated for the municipality by the United States Department of Housing and Urban Development.

Source: Commonwealth of PennsylvaniaView official code

Full Breakdown

Codified at 32 P.S. Sections 679.101-679.601, Act 166 directs DCED to identify municipalities with flood hazard areas and requires them to enact ordinances regulating construction in identified floodplains. Ordinances must meet 44 CFR Section 60.3 NFIP minimums covering elevation, anchoring, and flood-resistant materials. Municipalities must require permits for development in special flood hazard areas and maintain elevation certificates. Failure to adopt or enforce can lead to NFIP suspension and ineligibility for state disaster assistance.

Violations & Penalties

Property owners building without floodplain permits can face fines up to $100 per day per violation under municipal ordinances enforced under state authority, plus loss of flood insurance eligibility.

Frequently Asked Questions

Can Pennsylvania municipalities adopt floodplain rules stricter than NFIP?

Yes. Act 166 sets a floor matching NFIP minimums. Municipalities may adopt higher freeboard, no-rise, or expanded mapping consistent with state model ordinance guidance.

What happens if a Pennsylvania municipality refuses to enforce floodplain rules?

The municipality risks NFIP suspension, removing flood insurance availability, plus loss of PEMA disaster assistance and potential DCED enforcement under Act 166.

Sources

32 P.S. Floodplain Management Act

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