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Environmental Issues

Posted on: June 9, 2023

Inland Flood Protection Rules to Take Effect in July

The new Inland Flood Protection Rules update New Jersey’s existing flood hazard and stormwater regulations by replacing current precipitation estimates with modern data that attempts to account for observed and projected increases in rainfall. The updated standards will apply to certain new and substantially reconstructed development in inland riverine areas that are subject to flooding, but they do not prohibit development in these flood hazard areas.

Under the two primary components of the rule:

  • The elevation of habitable first floors would be two feet higher than currently indicated on NJ Department of Environmental Protection (NJDEP) state flood maps and three feet higher than indicated on FEMA maps.
  • Applicants for certain permits would use NJDEP’s New Jersey-specific precipitation data when calculating peak flow rates of streams and rivers for permits under the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, as well as when proposed development triggers compliance with DEP’s Stormwater Management rules, N.J.A.C. 7:8. 

Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137. 

 

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