Who is covered
All buildings located in FEMA Special Flood Hazard Areas (SFHA).
What the law requires
- Use BAFE (not just the current effective FIRM) when designing new construction or substantial improvement.
- Track cumulative substantial improvements over any 10-year period.
- Include a BAFE attestation on DOB construction filings.
Filing frequency and deadlines
Penalty structure
Non-compliance with LL96 (2013) can result in the following penalties:
- DOB violations; construction documents rejected if BAFE not applied.
- Buildings in flood zones must use best available flood maps for all construction.
Exemptions
- Buildings outside the SFHA.
Recent updates and amendments
FEMA preliminary maps updated for NYC in 2024; BAFE values shifted in several zones.
Reference
Official source: NYC DOB — Flood Resilience
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