Flood disclosure · State comparisonFlood disclosure laws by state: flood zones, flood history, insurance claims and aid
States handle flood risk in the seller's disclosure in three ways. Some require a dedicated flood history: Florida's flood disclosure form, given at or before the contract, covers known flood damage, flood insurance claims and FEMA or other flood assistance (Fla. Stat. §689.302); Texas's seller's disclosure notice covers flooding, flood insurance claims and FEMA or SBA flood assistance (Tex. Prop. Code §5.008); Maine's property disclosure must state whether the property is in a FEMA special flood hazard area, the flood zone with a copy of the FIRM panel, and flood events, damage, claims and aid during the seller's ownership with dates (33 M.R.S. §173(7)); and New York's disclosure statement asks eight flood questions – FEMA flood zones, required flood insurance, FEMA or SBA flood assistance and flood claims – with the policy and any elevation certificate attached (N.Y. Real Prop. Law §462). Virginia targets one fact: an owner who actually knows the home is a repetitive risk loss structure – two or more NFIP claims over $1,000 in any rolling 10-year period since 1978 – must disclose it on the Real Estate Board's form (Va. Code §55.1-708.2). And some fold flood questions into the general form: Connecticut's residential condition report asks whether the property is in a flood hazard or inland wetlands area (Conn. Gen. Stat. §20-327b), South Dakota's statutory form asks whether the property is in a flood plain and about flood damage and insurance claims (SDCL 43-4-44), and Washington's Form 17 asks about flooding and drainage problems, flood damage and floodplains (RCW 64.06.020). Separately, a federally regulated lender must give a borrower whose home is in a FEMA special flood hazard area a written flood notice before closing and require flood insurance (12 CFR 22.3, 22.9).
The states
Florida (§689.302)
Flood disclosure form at or before the contract: flood damage, flood insurance claims and FEMA or other aid.
Texas (Prop. Code §5.008)
Seller's disclosure notice includes flooding, flood insurance claims and FEMA or SBA flood assistance.
Maine (33 M.R.S. §173(7))
Flood zone and a copy of the FIRM panel, plus flood events, damage, claims and aid with dates.
New York (RPL §462)
Eight flood questions: FEMA zones, required insurance, FEMA or SBA aid, claims; policy and elevation certificate attached.
Virginia (§55.1-708.2)
An owner who knows the home is a repetitive risk loss structure discloses it on the Board's form.
Connecticut (§20-327b)
The condition report asks whether the property is in a flood hazard or inland wetlands area.
South Dakota (SDCL 43-4-44)
The statutory form asks whether the property is in a flood plain, about yard water standing over 48 hours, and about flood damage and insurance claims.
Washington (RCW 64.06.020)
Form 17 asks about flooding and drainage problems, flood damage and floodplains on the property.
What the TC checks in any state
- That the seller's disclosure includes the state's flood items – and any separate flood form.
- The flood zone for the property, sent to the lender and the buyer's insurance agent early.
- The signed disclosure in the deal file before the buyer's deadlines run.
Questions about flood disclosure
Which states require sellers to disclose past flood insurance claims?
Among these, Florida (§689.302), Texas (Prop. Code §5.008), New York (Real Prop. Law §462) and Maine (33 M.R.S. §173(7)) ask about flood insurance claims; Virginia requires disclosure of a known repetitive risk loss structure (§55.1-708.2).
Does a Maine seller have to provide the flood map panel?
Yes – Maine's disclosure includes the flood zone and a copy of the relevant FEMA flood insurance rate map panel (33 M.R.S. §173(7)(A)).
The state guides
Add a task in ClosingCode for the seller's flood disclosure, with an owner and a due date.
Start free trialSources: Fla. Stat. §689.302; Tex. Prop. Code §5.008; N.Y. Real Prop. Law §462; 33 M.R.S. §173(7); Va. Code §55.1-708.2; Conn. Gen. Stat. §20-327b; SDCL 43-4-44; RCW 64.06.020; 12 CFR 22.3, 22.9 (official sites, read for the linked guides and on October 26, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.