Is Flood Safety a Priority for Village Development?
- Mamaroneck Observer
- 16 hours ago
- 9 min read
by Meg Yergin -
The number one priority listed in the Village’s 2023 Comprehensive Plan is the protection of the Village “from storms, floods and rising sea levels…and collaborate with governmental agencies at all levels to implement actions that reduce flooding and the risks of floodwaters to life, property, and the economy.” [Emphasis Added]. See HERE.
Federal, State and Local Flood Standards
Among the governmental collaborations the Village participates in is the Federal National Flood Insurance Program (NFIP), which requires that all new construction in special flood hazard areas meet or exceed FEMA building standards. FEMA has identified two types of flood zones for the Village: VE-zones for coastal areas subject to high-velocity wind and waves and AE-zones for other flood prone areas. FEMA has also published the height of the flood elevation expected for each zone in a one-percent storm, and New York State (NYS) requires structures be built an additional two feet above that elevation for protection against flood damage.
A one percent storm is a statistical term that FEMA uses (in lieu of the “100-year storm”) to refer to the chance of a storm or flood event of this magnitude is equal or exceeded in any one year. It is important to note that one-percent storms can happen in back-to-back years and multiple times in a decade. Over a 30-year period, there is a roughly 26% chance of at least one occurring and a 40% chance over 50 years.
Floodplain Development Permit
Approval for development in either a VE or AE zone in the Village requires not just a building permit, but also a specialized Floodplain Development Permit. The intent of this permit is to ensure that the project complies with all FEMA construction standards for flood zones before construction begins. See HERE.
However, recent actions raise questions about whether the Village is consistently enforcing these standards and whether gaps in the Village’s oversight may increase flood risks for both applicants and their neighbors.
Floodplain Permit for Home in VE-Zone Issued After Construction
A new home at 1310 Flagler Drive was recently built to replace one that had been damaged in Super Storm Sandy in 2012. It is located in a FEMA designated VE-zone, which means that the area is not only prone to rising waters, but also to high-velocity waves during flood events.
FEMA rules strictly regulate VE-zone construction because coastal storms can destroy traditional building foundations and turn shoreline structures into debris hazards that impact roads, other properties and obstruct first responders. To mitigate these risks and to protect the building, FEMA requires that structures in VE-zones must be elevated on piers and pilings with structural support (the “lowest horizontal structural member”) at base flood elevation plus two more feet so that waves can flow underneath the building. Any walls built below this horizontal member, must be “breakaway walls” designed to collapse under lateral forces such as high-velocity waves without damaging the main structure. See HERE.
Despite the vulnerable location of the home directly on Long Island Sound, the Building Department issued the Floodplain Development Permit for the project 2.5 years after the initial Building Permit had been approved in July 2023, and months after the home was built. See HERE.
In addition, the required NFIP Flood Zone Elevation Certificate for the permit found on City Squared does not have all information filled in, including the critical height of the lowest horizontal structural member. See HERE. Note: the FEMA determined base flood elevation for this lot noted on the Elevation Certificate is 14 ft. – 17ft.
Potential Harbor Island Concession Violates VE-Zone Rules
Another example of problematic flood-zone compliance in the Village is a proposal for a new concession stand at Harbor Island Park. At the January 12, 2026 Board of Trustees meeting the Board authorized Village Manager Kathleen Gill to open discussions with The Mariner. Below are renderings of the custom-designed shipping containers that The Mariner has proposed for this location which is in a VE-zone and in a regulatory floodway. See HERE.
This design does not meet FEMA “free of obstruction” design standards for the VE-zone as these retail structures are not elevated on pilings or piers and the lowest horizontal structural member is not elevated above base flood elevation. It also does not comply with Chapter 186-5 (F) of the Code which states that non-residential structures in VE-zones must have the bottom of the lowest floor elevated to or above the base flood elevation. As a result, these structures could act as an obstruction in a flood event as flood waters would not be able to pass under them. See HERE.
Because floodway waters can move at high velocity, a displaced container can travel significant distances and cause catastrophic damage as a speeding battering ram. It can also obstruct the flow of floodwater, and block emergency responders and access routes. Those living in the Village during Hurricane Ida may remember that similar shipping containers stored in the regulatory floodway in Columbus Park were swept into the river and blocked the flood waters from passing through the area.
In addition, the kitchen equipment proposed for these structures would increase the danger of these units in a flood. Refrigerators can release oils and harmful refrigerants into floodwaters; and FEMA and fire codes treat fuel-containing appliances in flood-prone areas as high-risk installations.
The design proposal provided by The Mariner has not yet been reviewed by the BOT and no presumption should be made that it will be approved. However, there is still the question why the Village is considering installing new structures in this VE-zone location.
Flood Zone Review Process in the Village
From a review of 1310 Flagler Drive and the plans for the new concession stand at Harbor Island, it appears that flood-zone compliance of new development is seen as an after-thought by the Village and not a priority at the start of a project.
According to Building Inspector Scott Ransom, Building Permit applicants for special flood hazard area projects are only required to submit their flood-zone compliance materials after all land use boards have completed their reviews.
This sequencing means that the Zoning Board of Appeals (ZBA) grants variances and the Planning Board (PB) approves site plans for projects that may later be determined to require substantial redesign to meet flood-zone regulations. Fundamental compliance issues - such as break-away walls or prohibited basements - may be identified only after a project has already undergone months of land use review. At that stage, there may be significant institutional reluctance to require an applicant to return to the beginning of the land-use board approval process.
Timing is Important
During discussion of an application at the ZBA’s December 4, 2025 meeting, Ransom stated that flood-zone compliance review requires complete construction drawings which are usually submitted after land use boards have completed their reviews.
However, many of the core FEMA requirements for building in a special flood hazard area —including the foundation, height of the lowest horizontal structural member and the presence of prohibited basements — could be easily identified from preliminary design materials. This is similar to other Zoning Code requirements such as building height, bulk, and placement on the lot which the BI evaluates without finalized construction plans. The earlier that gaps in flood zone compliance construction requirements are identified, the more likely these gaps will be resolved appropriately.
It is notable that neither FEMA regulations nor the Village Code require that all flood zone compliance reviews be deferred until land use board approvals are granted. The timing and sequencing of that review are currently determined by the BI.
714 The Crescent Under Review
The ZBA is currently reviewing an application for new improvements at another VE-zone property - 714 The Crescent. The applicant has so far submitted only an incomplete application for a Flood Zone Development Permit which lacks the required statement by a licensed architect or engineer certifying that the project is compliant with FEMA requirements, as well as additional design materials.
Here the property owner is seeking an area variance to enlarge the existing home and to install a new, elevated deck to be built alongside a neighbor’s property line within the minimum side yard setback. Considering the specific requirements FEMA has set for home construction and building decks in VE-zones, it would seem like a good idea to provide the ZBA with just how far off the ground the deck will be required to be built for flood-zone compliance before moving forward with the area variance review.
But so far, the applicant has not included the proposed height of the deck on the architectural or engineering plans submitted to the ZBA, and the BI has not requested it.
If the ZBA approves the variance for the elevated deck with the assumption that the project’s renderings accurately depict its height, will the BI later be reluctant to enforce a higher base flood elevation standard for this new structure to ensure the safety of the neighborhood? It would seem beneficial to start the flood-zone compliance review earlier in the process to avoid the ZBA approving a variance without adequate information resulting in a non-compliant flood zone structure.
Zoning Compliance Experience
Additional concerns about the BD’s flood zone construction oversight relate to the experience of those conducting the compliance reviews.
Village Code mandates that the Village Floodplain Administrator who approves Flood Plain Development Permits must be either the Village Engineer or the Village Building Inspector. However, the Village currently does not have an engineer on staff, and Ransom has less than a year of experience as a building inspector. According to Village Manager Kathleen Gill, the Village relies on the consulting engineer John Kellard of Kellard Sessions to conduct flood zone compliance reviews.
Over the last five years the Village has seen significant turnover in the BD. As the number one priority of the Village’s Comprehensive Plan’s is prevention of floodwater risk to individuals and property, the lack of BD staff members with FEMA flood-compliance construction experience is concerning.
800 Rushmore: Example of Flood Zone Noncompliance
In 2022, the Village’s then Building Inspector Frank Tavolacci approved a Building Permit on April 28 to tear down an existing home and build a new one at 800 Rushmore, retaining the original basement. However, this lot is in a special flood hazard area in the AE zone. Basements are not permitted by FEMA in special flood hazard areas as they can lead to significant damage to the home in the event of a flood, and risk to any individuals occupying the space.
After a neighbor informed Tavolacci in October 2022 that the new site plan contained a basement in violation of NFIP regulations, the property owner consulted the engineering firm Leonard Jackson Associates on how to redesign plan. Leonard Jackson sent the following recommendations for the project -
· As the basement is below the base flood elevation, it is not permitted under current regulations and should be replaced with a flood vented, enclosed storage area beneath the first floor to achieve current floodplain regulation compliance.
· The exposed rear concrete block foundation wall and a side wall must be vented to allow floodwater to freely enter and exit the enclosed storage area to eliminate the possibility of unbalanced hydrostatic loading on the foundation walls. See HERE.
The home was later built and received a Certificate of Occupancy on April 3, 2024.
But photos taken at a realtor’s open house for the property in 2024 show that the lower storage area was completed apparently without any flood vents. In addition, the space includes baseboard heaters, a bathroom and partial kitchen and electrical outlets below base flood elevation which are strictly prohibited by FEMA in special flood hazard areas.
Photos of Space Below Base Flood Elevation at 800 Rushmore Avenue
Materials provided for 800 Rushmore on City Squared do not include an approved Floodplain Development Permit. Instead, there is only an incomplete application for this permit.
Substantial Improvements
Currently, renovations to existing homes in AE-zones are not subject to FEMA flood-zone compliance rules unless the project is considered a “substantial improvement.” The Code defines substantial improvement as remodeling or additions that cost 50% or more of the market value of the structure.
Many homes in AE-zones were built 50 or more years ago and predate flood-compliance rules. Property values have risen significantly over the years since they were built. As a result, many renovations don’t meet the substantial improvement threshold based on the current value.
As meeting that threshold becomes more infrequent, many flood-zone noncompliant structures in special flood hazard areas have been improved without being required to meet FEMA flood safety standards. If the Village is committed to bringing development in compliance with FEMA safety standards, the Village could lower the dollar amount of what is considered a substantial improvement to ensure that more renovations in special flood hazard areas are subject to FEMA requirements.
The Village’s Control Over Flood Zone Construction
Strict oversight of new construction in special flood hazard areas is essential to reduce the risk of flood damage to residents, first responders and property owners. Not following FEMA construction requirements is adverse not only to the Village’s rating in the NFIP, but also to homeowners’ investment in their property which may suffer catastrophic damage in a flood event.
And unlike other flood damage prevention efforts in the Village such as the Army Corps Plan and other mitigation strategies that require grants, construction oversight in special flood hazard areas is under the Village’s immediate administrative control. The costs to ensure compliance with FEMA regulations is borne by individual property owners, not Village taxpayers. It is not clear, then, why the Village’s oversight of new construction flood compliance is frequently delayed and deficient.
