shall mean the Federal Insurance Administrator of the Federal Insurance
Administration in the Department of Housing and Urban Development.
(b) Base flood shall mean the flood having a
one-percent chance of being equalled or exceeded in any given year.
(c) Base flood level or base flood elevation
shall mean the computed water surface elevation at a given location resulting
from a flood having a one-percent chance of being equalled or exceeded in any
(d) Breakaway wall
shall mean a wall designed and intended to collapse under stress without
jeopardizing the structural integrity of a structure, so that the impact of
abnormally high tides or wind-driven water on the structure is
(e) Coastal high hazard
area shall mean any coastal area subject to high velocity waters, including but
not limited to hurricanes.
Commence a project shall mean the initiation of any phase of a project,
including any excavation or site preparation.
(g) Commissioner shall mean the Commissioner
of Environmental Conservation or his duly authorized representative.
(h) Department shall mean the Department of
Flood or flooding shall mean:
and temporary condition of partial or complete inundation of normally dry land
(i) the overflow of inland or
(ii) the unusual and
rapid accumulation or runoff of surface waters from any source; or
(iii) mud slides (i.e., mudflows) which are
proximately caused or precipitated by accumulations of water on or under the
(2) the collapse
or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels, or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results in flooding
as defined in subparagraph (i) of paragraph (1) of this subdivision.
(j) Flood elevation determination
shall mean a determination by the administrator of the water surface elevations
of the base flood.
(k) Flood hazard
area shall mean the land in a floodplain within a city, town or village subject
to a one-percent or greater chance of flooding in any given year.
(l) Flood hazard boundary map or FHBM shall
mean an official map of a city, town or village, on which the administrator has
delineated the boundaries of the flood hazard area in that
(m) Flood insurance
rate map or FIRM shall mean an official map of a city, town or village, on
which the administrator has delineated both the flood hazard areas and the risk
premium zones applicable to that municipality.
(n) Floodplain shall mean any land
susceptible to being inundated by water from any source (see definition of
(o) Floodproofing shall
mean any combination of structural and nonstructural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, structures and their
(p) Habitable floor shall
mean any floor usable for living purposes, which includes working, sleeping,
eating, cooking or recreation, or a combination thereof. A floor used only for
storage purposes is not a habitable floor.
(q) Levee-protected area shall mean any land
protected, or proposed to be protected, from inundation by the base flood by an
earthen embankment, concrete wall, or other substantial barrier specifically
designed as a flood protection project.
(r) Mean sea level (MSL) shall mean the
arithmetic mean of hourly water elevations observed over a specific 19-year
Metonic cycle (the national tidal datum epoch), as determined by the National
Ocean Survey (mean sea level is synonymous with National Geodetic Vertical
(s) Mobile home shall mean
a structure, transportable in one or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. Mobile home shall not
include recreational vehicles or travel trailers.
(t) Person shall mean any individual, public
or private corporation, political subdivision of the State, municipality,
industry, copartnership, association, firm, trust, estate or any other legal
entity whatsoever, except a State agency as defined in this Part.
shall mean any undertaking or activity (including any financing thereof
at any location
or the authorization of any such undertaking or activity on
State-owned lands) involving any change to improved or unimproved real estate,
including but not limited to:
construction, installation, expansion, substantial improvement, reconstruction
or restoration of structures, highways, access roads, bridges, canals,
railroads, airports, sewage disposal systems and any other waste disposal
systems, water treatment works, levees, dikes and dams, sewers, gas or water
mains, electrical transmission or other service lines, and solid waste disposal
(ii) any mining,
dredging, filling, grading, paving, excavation or drilling operations;
(iii) an action of a State
agency resulting in a change in the use of a State-owned or -leased building or
facility from nonresidential to residential usage, or in any other change in
usage where flood damage to the facility would pose a serious danger to life
and health or widespread social or economic dislocation.
(2) The term project shall not include
ordinary maintenance and repair of existing structures or facilities, and shall
not include any repair, reconstruction, rehabilitation or improvement of any
structure listed in the National Register of Historic Places or any structure
which has been formally proposed by the Committee on the Registers for
consideration by the New York State Board for Historic Preservation for a
recommendation to the State Historic Officer for nomination for inclusion in
said National Register, where the work is undertaken in a manner designed to
maintain the historic character of the structure. In addition, the term project
shall not include permits, certifications or other approvals issued by any
State agency for any undertaking or activity, on lands other than those to
which title is held by a State agency, unless such State agency is financing
(3) When used in this
Part, the term project shall be construed as though followed by the words "or
part or parts thereof", unless the text clearly requires a different
floodway shall mean the channel of a river or other watercourse and the
adjacent land areas that must be or have been reserved in order to discharge
the base flood without cumulatively increasing the existing water surface
elevation of the base flood more than one foot at any point.
(w) Riverine shall mean relating to, formed
by or resembling a river (including tributaries), stream or brook.
(x) Sand dunes shall mean naturally occurring
accumulations of sand in ridges or mounds landward of the beach.
(y) Site shall mean the entire tract,
subdivision, parcel of land or structure in or on which a project is to be
(z) State agency shall
mean any department, bureau, commission, board or other agency of the State, or
a public benefit corporation or public authority at least one of whose members
is appointed by the Governor.
Structure shall mean an existing or proposed walled and roofed building,
including a gas or liquid storage tank, that is or is to be affixed to a
permanent site. It shall include, but shall not be limited to, a foundation, a
mobile home, and any building being constructed, improved, altered, repaired,
reconstructed or restored. When used in this Part, the term shall be construed
as though followed by the words "or part or parts thereof", unless the context
clearly requires a different meaning.
shall mean any repair, reconstruction or improvement of
, the cost of which equals or exceeds 50 percent of the replacement
value of the structure
(i) before the
improvement or repair is started; or
(ii) if the structure has been damaged and is
being restored, before the damage occurred.
(2) For the purposes of this definition,
substantial improvementshall include an alteration of a wall, ceiling, floor,
or other structural part of the building, whether or not the external
dimensions of the structure are changed. The term shall not include minor
changes to a structure to comply with existing Federal or State health,
sanitary or safety code specifications which are solely necessary to assure
safe living conditions, and shall not include any expansion of a
surface elevation shall mean the projected height, in relation to mean sea
level, reached by floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.