If you are planning on building in New Jersey, you may need to take a second look at your building site or proposed addition to make sure it’s not in a newly defined flood hazard zone. The New Jersey Department of Environmental Protection (NJDEP) recently finalized regulatory updates to the Flood Hazard Area Control Act Rules and Stormwater Management Rules. The updated rules are significantly more stringent as a response to the challenges presented by climate change and the need for resiliency.
The updated regulations make New Jersey the first state to use predictive precipitation modeling to regulate future development and redevelopment to protect against the impacts of climate change and the resulting worsening riverine flooding, stormwater runoff, and flooding of the built environment. This adds a new layer of challenge for development that will require the expertise of Land Use Professionals to calculate runoff for both the storms of today and the future.
What Do the New Rules Mean for Your Current and Future Projects?
For developers and homeowners who wish to develop their properties, the new Flood Hazard Area Control Act (FHACA) rules increase the land area that is subject to the requirements of the FHACA by proposing new regulatory flood elevations. This means many properties and building sites that were not in a flood zone before are now considered at risk of flooding. Currently, there is no publicly available mapping to guide developers in making sure they are following the updated regulations, so it is imperative that you contact a Land Use Professional to help you through the process.
Explanation of the Changes
The 100-year flood event established by Federal Emergency Management Agency (FEMA) will have a greater factor of safety added to the Flood Hazard Area Flood Elevation. The current factor of safety is one foot added to the FEMA flood hazard area elevation; the new rules will add an additional two feet, totaling a three-foot factor of safety. Also, the NJDEP studied stream elevations will increase by one foot in addition to the one foot that the NJDEP already requires, totaling a two-foot increase.
Additionally, under the new rules, the design of all stormwater management facilities for all proposed land development projects in the State of New Jersey will be required to account for higher intensity rainfall by incorporating greater depths of precipitation for the 2-, 10-, and 100-year storm events for both current and predicted future storm events. This comes after the March 2021 amendment to the Stormwater Management Rules, which set forth requirements for green infrastructure practices to be utilized throughout a site. Using updated rainfall events in these designs will establish a more adept stormwater management system mimicking the natural hydrologic cycle.
What is LAN Doing to Ensure Our Projects Comply?
Unless you have already poured the foundation, the new regulations will likely be enforced on your project. LAN’s team of land use professionals are working with members of our architectural and engineering teams to ensure that this issue is addressed in all current and future LAN projects. We are examining which projects might be exempt and acting on all projects that need to be modified.
What Should I do if I Have an Upcoming Project That is Not Being Handled by LAN?
If you are planning a construction project and are unsure if the new flood hazard rules will impact that project, you can contact LAN to work with a member of LAN’s Land Use Department. Our team can assess your property and help you understand if any action needs to be taken to avoid delays or issues with your development project.
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