In January, the Town building code was changed to eliminate the long-standing 35’ height limit.  The old code measured 35’ from ground level, with a very complicated formula for determining ground level.  The new code measures 31’ from the flood zone elevation plus two feet of “freeboard”.  For example, a house in a VE18 flood zone with a lot elevation of five feet above sea level can now be 46 feet tall (18+2+31-5).   You can read the old version and the new version of the code here.  You can find a property’s flood zone elevation by going here, just zoom to the property level and click it.

The change was made to reflect the realities of flood insurance ratings.  One of the results of the old rules was that new construction design was being driven to flatter roofs.  The new limits were supposed to allow the rooflines to be more aesthetically pleasing.  In practice, what has happened is that it is now possible to build three floors of living space.

This diagram below compares the two approaches. 

The best actual comparison can be seen at 287 and 289 Ocean Blvd West.  The house at 287 was one of the last ones built under the old code, and the house being built at 289 is one of the first ones under the new code.  The home at 289 is higher off the ground and also includes a third story of living space.