Structural

LL43 (2021)

Local Law 43 of 2021 — Additional Freeboard for Floodplain Structures

New construction in FEMA flood zones must provide additional freeboard — typically 1 to 2 feet — above the base flood elevation, depending on occupancy and flood zone.

Who is covered

New construction in FEMA Special Flood Hazard Areas.

What the law requires

  • Determine the required freeboard for your occupancy and flood zone.
  • Design the finished floor elevation to meet BFE + required freeboard.
  • Obtain a post-construction Elevation Certificate confirming built elevations.

Filing frequency and deadlines

Penalty structure

Non-compliance with LL43 (2021) can result in the following penalties:

  • DOB will not approve construction documents for non-compliant flood zone construction.

Exemptions

  • Buildings outside SFHA.
  • Existing buildings not undergoing substantial improvement.

Recent updates and amendments

LL43 freeboard values align with ASCE 24-14 standards; DOB updated guidance in 2023.

Reference

NYC Admin Code § 28-105.4NYC Department of Buildings (DOB)

Official source: NYC DOB — Flood Resilience

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