Local Regulations

Federal and state stormwater and flooding regulations are primarily implemented at the municipal level through building codes and ordinances. Building codes are standards for development or re-development of structures that maintain public health and safety. These codes are set by the International Code Council (ICC), which Pennsylvania has adopted with amendments into the PA Uniform Construction Codes (UCC). The relevant International Codes (known as I-Codes) to water management in PA include the 2015 International Building Codes (IBC), 2015 International Residential Codes (IRC), and the 2015 International Existing Building Code (IEBC). Local governments elect to adopt these codes through local ordinances, which must meet the state standards at minimum but may go above and beyond. The codes are enforced through permitting and inspections by a codes official. Find more information about PA UCC at the PA Department of Labor and Industry and find the UCC codes themselves at UpCodes. For information on local codes, consult your local ordinances.

Many building codes have extra provisions for development in floodplains to protect buildings and people against flood damage. Along with I-Codes, these include the American Society of Civil Engineers (ASCE) Flood Resistant Design and Construction Standard 24 (ASCE 24-14) and FEMA regulations that are required as part of the National Flood Insurance Program (NFIP). Table 1 spells out these NFIP requirements and how each regulation/code meets these requirements.

Requirement	FEMA Regulations	I-Codes	ASCE 24-14
Assure that all other state & Federal Permits are Obtained	60.3(a)(2)	IBC 102.2, IRC 102.2	None
BFE Data for > 50 lots or 5 acres	60.3(b)(4)	Appendix G (may not be adopted in your state or locality)	Not within scope
Definitions	59.22(a)(1)	IBC Section A, IRC Section 322	Section 1.2
Designated Floodplain Administrator	59.22(b)	IBC 104.1, IRC R104.1	None
FIRM Reference	60.2(b)	IBC 1612.3, IRC Table R301.2(1)	Section 1.4.1 refers to review of flood hazard maps and studies
Flood Resistant Materials	60.3(a)(3)(ii)	IBC 1612.4 refers to ASCE; IRC R322.1.18	1.5.1, Chapter 5, 6.2, 7.5, 8.1, 9.1
Flood Vents	60.3(c)(5)	IBC 1612.4 refers to ASCE, IRC R322.2.2, R322.2.2.1	1.5.2, 2.7
Floodways	60.3(d)(3)	1612.4 refers to ASCE, R322.1 refers to ASCE	2.2
Lowest Floor Elevation	60.3(c)(7)	IBC 1612 refers to ASCE; IBC R322.2.1	1.5.2, 2.3
Manufactured Homes	60.3(c)(6), 60.3(c)(12) (existing manufactured home park)	IRC R322.1.9	Same requirements as any residential structure
Mechanicals	60.3(a)(3)(iv)	IBC 1612.4 refers to ASCE; R322.1.6	4.6.1, Chapter 7
Permits Required	60.3(a)(1) if no FIRM, 60.3(b)(1)	IBC 101.2, 105.1, 1612.1, IRC R101.2, R322.1	None
Recreational Vehicles	60.3(c)(14)	Appendix G, G601.1 (not authorized in floodways)	Not within scope
Statutory Authorization	59.22(a)(2)	State Authorizing Legislation	None
Subdivision Review	60.3(a)(4)(i)	Appendix G (may not be adopted in your state or locality)	Not within scope
Substantial Damage/Substantial Improvement	In Definitions; included in definition of New Structure throughout regs	IBC, Chapter 2, Definitions, IRC R105.3.1.1, EB202	Definitions; then incorporated into requirements for new construction
Variances	60.6(a)	IBC 104.10.1, IRC 104.10.1, EB104.10.1	None

Table 1. Codes for floodplain management regulations.  Source: Nechamen Consulting, LLC. Presented at the 2019 PAFPM Annual Conference, Harrisburg, PA.

There are other important local ordinances and plans that regulate development’s impact on water resources. These can include stormwater ordinances, floodplain ordinances, comprehensive plans, greenway plans, subdivision and land development ordinances, and zoning ordinances. PA Act 167 requires counties to create stormwater management plans and a model stormwater ordinance for municipalities to implement the county stormwater plan on the local level.  Find out if your county has completed their Act 167 plan and ordinance on our Planning Documents page. Floodplain ordinances are required of all municipalities that are part of the National Flood Insurance Program (NFIP). FEMA has provided guidance for local floodplain ordinance administration in FEMA Publication 480: NFIP Floodplain Management Requirements – A Study Guide and Desk Reference for Local Officials (February 2005), Unit 7: Ordinance Administration. There is also free assistance for ordinance development through PA Municipal League (PML) – contact Leslie Rhoads for information.