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New Emergency Flood Hazard Area Regulations

May 27, 2022

The New Jersey Department of Environmental Protection held a limited stakeholder meeting on Wednesday, May 25th  to announce the adoption of the new emergency Flood Hazard Area (FHA) regulations associated with the NJ Protecting Against Climate Threats (NJPACT) rules. 

The emergency rules are expected to be adopted and placed into effect mid-June and will have implications on many development projects throughout the State. 

The rule has not been published and is currently undergoing internal DEP review. The rule will become available after it is posted in the State Register on or about June 10th.

In summary, the proposed emergency rules include the following regulation: 

  • With respect to flood hazard, the emergency rule will change how the fluvial flood hazard area is calculated. Fluvial elevations are expected to be increased by 2 feet above what they are now. 
  • Tidal flood elevations will not be changed by the emergency rule.
  • Stormwater basins will have to meet quantity reductions based on “today’s” rainfall and based upon future rainfall. 
  • Studies in support of the new rainfall data have been conducted and are available here.  
  • Note this rule change will require subsequent changes to Municipal Stormwater Ordinances.
  • Permits and authorizations under the Flood Hazard Area Control Act rules will be required to meet the minimum NFIP standards and relevant sections of the Uniform Construction Code. 
  • Stormwater Best Management Practices are required to be designed for man-made runoff for both today’s storms and future storms. 

T&M’s professionals are working closely with NJDEP regulators and are monitoring this proposal closely.  If we can be of assistance to help you determine specific impacts, please feel free to contact Kris Krzyston at 732.865.9508 or kkrzyston@tandmassociates.com.