NJDEP Proposes Amended Land Use Regulations

October 9, 2024

The New Jersey Department of Environmental Protection (NJDEP) is proposing amendments to several environmental regulations, including the Flood Hazard Area Control Act Rules, Freshwater Wetland Protection Act Rules, Coastal Zone Management Rules, and Stormwater Management Rules. These changes are part of the Protecting Against Climate Threats (PACT) initiative, specifically the Resilient Environments and Landscapes (REAL) rule. Key changes are below. A more detailed summary can be found here.

Key Changes

  1. Inundation Risk Zone (IRZ)
    • Establishes a regulatory IRZ in coastal areas at risk of daily inundation or standing flood waters up to 5.1 feet by 2100.
    • Projects in the IRZ must meet enhanced risk assessment criteria, including an alternatives analysis to avoid risk.
  2. Climate Adjusted Flood Elevation (CAFE)
    • Introduces a new CAFE in tidal flood hazard areas, adding 5 feet to FEMA’s 100-year flood elevation.
    • Residential and critical buildings must be elevated above CAFE +1.
  3. Stormwater Management
    • Updates the definition of “major development” for consistency with municipal ordinances.
    • Enhances stormwater quality requirements, including higher TSS removal rates for stormwater runoff.
  4. Coastal Zone Management
    • Adds “Critical Environmental Sites” to the Coastal Area Facility Review Act (CAFRA) area.
    • Imposes new impervious cover limits and vegetative cover requirements.
  5. Wetlands
    • Requires an “alternative discussion” for all Freshwater Wetland General Permit applications.
    • Imposes new conditions for wetland general permits, including stormwater compliance for major developments.
  6. Flood Hazard
    • Eliminates Permits-by-rules (PBR) and replaces them with Exempt Activities, Permits-by-registration, and additional General Permits-by-certification.
    • Requires mitigation for riparian zone impacts exceeding 2,000 square feet.

Implementation Timeline

  • The NJDEP has up to a year to adopt the proposed amendments, with anticipated implementation in Summer/Fall 2025.