Basements, Enclosures and Flood Vents

Basements are not permitted in the floodzone with new construction, and for an existing home to be code and FEMA compliant, the basement would need to be filled to the level of the adjacent grade.

An “Enclosure” is formed when any space below the BFE is enclosed on all sides by any walls or partition. Any Enclosure (no matter how small) must have a minimum of two flood openings on two different walls. Grade on the inside face of the vent (under the house) must be at same elevation (or higher) than grade at the outer face of the vent. If grade elevation under the house is lower than the adjacent exterior grade, then it is considered by FEMA to be a prohibited residential construction basement. A compliant enclosed area below the BFE can be rendered non-compliant by installing features that are inconsistent with the limitations on uses. Examples of features that are not permitted below the BFE are:

  • Appliances
  • Heating and Air Conditioning equipment 
  • Ventilation 
  • Ductwork 
  • Plumbing fixtures 
  • Materials that are not flood damage-resistant materials 
  • More than the minimum electric service required to address life-safety and electric code requirements for vehicle parking, building access, or storage

Enclosures must be built with flood-resistant materials and equipped with flood openings that allow water levels inside and outside to equalize. These areas shall not be finished or used for recreational or habitable purposes.

Flood Vents

FEMA/NFIP requirements:

  • The bottom of the flood vent opening cannot be higher than 12 inches above grade
  • A minimum of 2 vents are required for each enclosed area and each flood vent must be on at least 2 different exterior walls
  • A minimum of one engineered square inch of opening for each square foot of enclosed area OR a minimum of one square inch of net open area for each square foot of enclosed area for a non-engineered opening
  • An engineered certificate of flood openings is required for all engineered flood vents without ICC-ES certification

Non-Conversion Agreements

When the Middletown Building Department issues permits for buildings with enclosed areas below the BFE, applicants are required to execute Non-Conversion Agreements. These agreements document the applicants understanding that the allowed use of enclosures is limited to storage and vehicle parking only and that the conversion to other uses is not allowed. Modifying enclosed areas may render a building non-compliant with minimum requirements and result in higher NFIP flood insurance rates.

Finished construction will not be given a CO without a recorded Non-Conversion Agreement. A blank Non-Conversion Agreement can be found here.  Please note, the Design Flood Elevation for the home is the FEMA BFE + 1 foot. If you need assistance with this, please contact the Floodplain Manager.

The steps to executing the agreement are as follows:

  1. When a project is complete and ready for the CO to be issued, the applicant shall have the form notarized by a notary.
  2. The applicant will then bring the notarized form to Monmouth County for recording. 
  3. The applicant will bring the notarized and recorded document back to our construction office for the CO to be issued.