New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 502 - Floodplain Management Criteria For State Projects › Section 502.4 - Floodplain management criteria for state projects in flood hazard areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the
				  administrator has not provided data for a city, town or village to designate a
				  regulatory floodway, or if that data has been provided and such regulatory
				  floodway has not yet been designated, or when the administrator has not
				  identified coastal high hazard areas in a city, town or village, any State
				  agency proposing to commence any project within a flood hazard area in that
				  city, town or village shall do so only if it determines such project is in
				  compliance with the following criteria:
(1)
				  State agencies shall consider other alternative sites on which the project
				  could be located which would not involve a flood hazard area.
(2) All necessary permits shall be acquired
				  from those governmental agencies from which approval is required by Federal or
				  State law, including section 404 of the Federal Water Pollution Control Act
				  Amendments of 1972 (  33 U.S.C. 1334).
(3) The proposed project shall:
(i) be designed (or modified) and adequately
				  anchored to prevent flotation, collapse or lateral movement of the
				  project;
(ii) be constructed with
				  materials and utility equipment resistant to flood damage; and
(iii) be constructed by methods and practices
				  that minimize flood damage.
(4) The proposed project shall be designed
				  and constructed so that:
(i) it is consistent
				  with the need to minimize flood damage within the flood hazard area;
(ii) all public utilities and facilities,
				  such as sewer, gas, electric and water systems, are located and constructed to
				  minimize or eliminate flood damage; and
(iii) adequate drainage is provided to reduce
				  exposure to flood hazards.
(5) New and replacement water supply systems
				  shall be designed to minimize or eliminate infiltration of floodwaters into the
				  systems.
(6) New and replacement
				  sanitary sewage systems and any other waste disposal systems shall be designed
				  to minimize or eliminate infiltration of floodwaters into the systems, and
				  discharges from the systems into floodwaters, and new and replacement onsite
				  waste disposal systems shall be located to avoid impairment to them or
				  contamination from them during flooding.
(7) All new residential structures and
				  substantial improvements of existing residential structures shall have the
				  lowest floor (including basement) elevated to not less than one foot above the
				  base flood level.
(8) All new
				  nonresidential structures and substantial improvements of existing
				  nonresidential structures shall have the lowest floor (including basement)
				  elevated or flood-proofed to not less than one foot above the base flood level,
				  so that below this elevation the structure, together with attendant utility and
				  sanitary facilities, is watertight, with walls substantially impermeable to the
				  passage of water and with structural components having the capability of
				  resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(9) Where floodproofing is utilized for a
				  particular structure in order to comply with this Part, a professional engineer
				  or architect licensed to practice in New York State shall certify to said State
				  agency that the floodproofing methods are adequate to withstand the flood
				  depths, pressures, velocities, impact and uplift forces and other factors
				  associated with the base flood.
(10) For the purpose of the determination of
				  applicable flood insurance risk premium rates for structures insurable under
				  the National Flood Insurance Program (42 U.S.C. §
												4001 et seq.) (see section 503.1 of this
				  Title), said agency shall:
(i) obtain the
				  elevation (in relation to mean sea level) of the lowest habitable floor
				  (including basement) of any new or substantially improved structures, and
				  specify whether or not such structure contains a basement;
(ii) if a structure has been flood-proofed,
				  obtain the elevation (in relation to mean sea level) to which the structure was
				  flood-proofed; and
(iii) maintain
				  records of such information.
(11) In riverine situations, affected cities,
				  towns and villages and the department shall be notified in writing by said
				  State agency prior to any alteration or relocation of a watercourse.
(12) The flood carrying capacity within any
				  altered or relocated portion of any watercourse shall be maintained.
(13) All mobile homes shall be anchored to
				  resist flotation, collapse or lateral movement by providing over-the-top and
				  frame ties to ground anchors as follows:
(i)
				  over-the-top ties shall be provided at each of the four corners of the mobile
				  home, with two additional ties per side at intermediate locations (except that
				  mobile homes less than 50 feet long shall require only one additional tie per
				  side);
(ii) frame ties shall be
				  provided at each corner of the home, with five additional ties per side at
				  intermediate points (except that mobile homes less than 50 feet long shall
				  require only four additional ties per side);
(iii) all components of the anchoring system
				  shall be capable of carrying a force of 4,800 pounds; and
(iv) any additions to the mobile home shall
				  be similarly anchored.
(14) All mobile homes shall have:
(i) stands or lots that are elevated on
				  compacted fill or on pilings or piers so that the lowest floor of the mobile
				  home will be located not less than one foot above the base flood
				  level;
(ii) adequate surface
				  drainage;
(iii) lots that are large
				  enough to permit steps from the ground into the mobile home and ready access
				  for a hauler;
(iv) in the case of
				  elevation on pilings or piers, pier foundations or pilings that are placed in
				  stable soil no more than 10 feet apart; and
(v) in the case of elevation on piers,
				  adequate reinforcement for piers that extend more than six feet above ground
				  level.
(15) In riverine
				  situations, no project (including fill) shall be undertaken unless it is
				  demonstrated that the cumulative effect of the proposed project, when combined
				  with all other existing and anticipated development, will not increase the
				  existing water surface elevation of the base flood more than one foot at any
				  point. Provided, the provisions of this paragraph shall not apply to any
				  project being undertaken on a site where there is less than one square mile of
				  drainage area for the watercourse involved above such site, and where the
				  administrator has not provided final flood base elevations on a city, town or
				  village's FIRM.
(16) No project
				  (including fill) shall be undertaken unless it is demonstrated that the
				  cumulative effect of the proposed project, when combined with all existing
				  development, will not cause any material flood damage to such existing
				  development.
(17) In order to
				  prevent potential flood damage to certain facilities that would result in
				  serious danger to life and health, or widespread social or economic
				  dislocation, none of the following new projects shall be undertaken within any
				  flood hazard area:
(i) facilities designed for
				  bulk storage of chemicals, petrochemicals, hazardous or toxic substances or
				  floatable materials;
(ii)
				  hospitals, rest homes, correctional facilities, dormitories, patient care
				  facilities;
(iii) major power
				  generation, transmission or substation facilities, except for hydroelectric
				  facilities;
(iv) major
				  communications centers, such as civil defense centers; or
(v) major emergency service facilities, such
				  as central fire and police stations.