California requires a seller to disclose six specific natural hazards, and two of them are flood-related. Civil Code section 1103.2 names them: a FEMA special flood hazard area, an area of potential flooding after dam failure, a very high fire hazard severity zone, a wildland fire risk area, an earthquake fault zone and a seismic hazard zone. Each is determined address by address, not city by city.
Across 460+ East Bay closings over twenty years, the natural hazard report is the document buyers most often file without reading. Here is what is actually in it and what Brentwood's own rules add.
What exactly are the six hazards?
They come from Civil Code section 1103.2, and the statutory language matters because each hazard points at a different agency's map.
One, a special flood hazard area designated by FEMA, meaning any type Zone A or V. Two, an area of potential flooding shown on a dam failure inundation map under Government Code section 8589.5.
Three, a very high fire hazard severity zone identified by the Director of Forestry and Fire Protection under Government Code section 51178. Four, a wildland area that may contain substantial forest fire risks and hazards under Public Resources Code section 4125.
Five, an earthquake fault zone under Public Resources Code section 2622. Six, a seismic hazard zone under Public Resources Code section 2696, which covers landslide and liquefaction.
Six determinations, six different sources. A yes on one tells you nothing about the other five.
Where does Brentwood sit on flooding?
Brentwood participates in the National Flood Insurance Program as community number 060439, and it has its own floodplain management ordinance.
Brentwood Municipal Code Chapter 15.07, adopted by Ordinance 694 in 2001, opens with a finding that the flood hazard areas of the city are subject to periodic inundation with the potential to result in loss of life and property. It defines a special flood hazard area as an area in the floodplain subject to a one percent or greater chance of flooding in any given year, shown on a flood map as zone A, AO, A1-A30, AE, A99 or AH.
The city is also inside Contra Costa County Flood Control Zone 1, the Marsh Creek zone, established in 1954 and one of six such zones in the county. The district builds and maintains flood control infrastructure within each zone, funded by a share of the property tax collected there.
Marsh Creek runs through a lot of Brentwood's story. It is the flood control corridor, it is the creek the Marsh Creek Regional Trail follows, and it is where the city's wastewater treatment plant discharges its treated effluent.
What I will not tell you is which zone a particular Brentwood address is in. Flood zone is parcel-specific, the maps get revised, and a blog post is the wrong place to get that answer. Look it up at FEMA's Flood Map Service Center, and treat the natural hazard report ordered in your escrow as the determination of record.
What does the city require if you build in a flood hazard area?
Elevation, and the amount depends on the zone.
Under Chapter 15.07, all new construction and substantial improvements must be anchored to prevent flotation, collapse or lateral movement. For residential elevation, an AO zone requires elevation to the specified depth number or a minimum of four feet above the highest adjacent grade. An A zone requires one foot above base flood elevation. All other zones require two feet above base flood elevation.
Manufactured homes in zones A1-30, AH and AE must have their lowest floor two feet above base flood elevation. And no encroachment is permitted in a floodway without certification from a registered professional engineer that it will not increase the base flood elevation.
If you are buying a home that was raised, added to or substantially improved, those requirements are the reason, and the elevation certificate is a document worth asking for.
Is flood insurance actually required?
In a special flood hazard area, with a federally backed mortgage, yes.
Under 42 U.S.C. section 4012a(b)(1), regulated lending institutions may not make, increase, extend or renew a loan secured by improved real estate in an identified special flood hazard area unless the building is covered by flood insurance for the term of the loan, in an amount at least equal to the outstanding principal balance or the maximum coverage available, whichever is less. Lenders must also accept qualifying private flood insurance in satisfaction of that requirement.
Outside a special flood hazard area it is not federally mandated, which is not the same as unnecessary. Standard homeowners policies do not cover flood.
If you're buying or selling in Brentwood
If you're buying: read the natural hazard report rather than initialing it, and if any of the six comes back yes, get an insurance quote before your contingency period ends rather than after. If the property is in a special flood hazard area and you are financing, budget the premium into your monthly figure from the start.
If you're selling: order the natural hazard report early. It is inexpensive, it is required, and a buyer who receives it in week one has time to price it in calmly instead of using it as a renegotiation lever in week three.
Frequently asked questions about natural hazard disclosure in Brentwood
What are the six natural hazards disclosed on a California home sale?
Under Civil Code section 1103.2 they are a FEMA special flood hazard area (any Zone A or V), an area of potential flooding on a dam failure inundation map under Government Code section 8589.5, a very high fire hazard severity zone under Government Code section 51178, a wildland forest fire risk area under Public Resources Code section 4125, an earthquake fault zone under Public Resources Code section 2622, and a seismic hazard zone under Public Resources Code section 2696.
Is Brentwood in a flood zone?
Flood zone is determined parcel by parcel, not citywide. Brentwood participates in the National Flood Insurance Program as community 060439 and has a floodplain management ordinance regulating development in special flood hazard areas. Look up a specific address at FEMA's Flood Map Service Center and rely on the natural hazard report in your escrow.
How high does Brentwood require new construction to be built in a flood zone?
Under Brentwood Municipal Code Chapter 15.07, residential elevation in an AO zone is to the specified depth number or a minimum four feet above the highest adjacent grade; in an A zone it is one foot above base flood elevation; and in all other zones it is two feet above base flood elevation. Manufactured homes in zones A1-30, AH and AE must have the lowest floor two feet above base flood elevation.
Do I have to buy flood insurance in Brentwood?
If the property is in a special flood hazard area and the loan is federally backed, yes. Under 42 U.S.C. section 4012a(b)(1), regulated lenders may not make or renew such a loan unless the building carries flood insurance for the term of the loan. Lenders must accept qualifying private flood insurance. Outside a special flood hazard area it is not federally required, and standard homeowners policies do not cover flood.
Who manages flood control in Brentwood?
Brentwood is in Contra Costa County Flood Control Zone 1, the Marsh Creek zone, established in 1954 and one of six zones in the county. The Flood Control and Water Conservation District builds and maintains infrastructure within each zone, funded by a share of the property tax collected there.
The Bottom Line on Brentwood Natural Hazard Disclosure
Six hazards, six separate maps, and every one of them decided at the parcel level. Brentwood has its own floodplain ordinance with real elevation requirements, and it sits in the county's Marsh Creek flood control zone.
None of that tells you about a specific house. The natural hazard report does, and it costs less than an inspection. Read it while you can still act on it.
Checking a specific Brentwood address?
Send it to me and I will pull what is publicly mapped before you write an offer.
See homes for sale in Brentwood
Selling and want the hazard report ordered early? Start with a valuation, or call or text 925-250-9611.
Sources
California Civil Code section 1103.2 for the six natural hazards and the statutory references to Government Code sections 8589.5 and 51178 and Public Resources Code sections 4125, 2622 and 2696.
City of Brentwood Municipal Code, Chapter 15.07, Flood Plain Management (Ordinance 694, 2001) for the findings of fact, the definition of a special flood hazard area as a one percent or greater annual chance of flooding in zones A, AO, A1-A30, AE, A99 and AH, the anchoring requirement, and the elevation requirements at sections 15.07.300, 15.07.330 and 15.07.350.
FEMA Flood Insurance Study for Contra Costa County for Brentwood's National Flood Insurance Program community number 060439, and FEMA's Flood Map Service Center for address-level flood zone lookup.
Contra Costa County Flood Control and Water Conservation District for Flood Control Zone 1, the Marsh Creek zone, established in 1954 as one of six zones funded by a share of property tax within each zone.
42 U.S.C. section 4012a(b)(1) for the mandatory purchase requirement applying to loans made by regulated lending institutions secured by improved real estate in an identified special flood hazard area, and for the requirement that lenders accept qualifying private flood insurance.
Flood maps, hazard zones and ordinances are revised. Confirm the current determination for any specific property through the natural hazard disclosure report, FEMA and the City of Brentwood.
Jaz Chand, Broker Associate | Homes With Accent
The Jaz Team at Merrill Signature Properties | DRE #01751823
Phone/Text: 925-250-9611 | Jaz@HomesWithAccent.com
General information only, not legal or insurance advice, and not a hazard determination for any property. Rely on the natural hazard disclosure report obtained in your transaction and on your own insurance and legal advisors.