NJDEP Announces Final Inland Flood Protection Rule
On July 17, 2023, Governor Murphy signed a new flood disclosure law adopting the IFP Rule. The IFP Rule adopts amendments to both New Jersey’s Flood Hazard Area Control Act (FHACA) Rules, N.J.A.C. 7:13, and the Stormwater Management (SWM) Rules, N.J.A.C. 7:8, with the stated purpose of bolstering community resilience in the face of anticipated increases in the intensity of weather driven events,, as based on climate-informed data. This new ruling was drafted to update data and account for future increases in climate change-induced precipitation, and modernize flood mapping to account for current and future conditions.
- The new regulations expand the footprint of the jurisdictional floodplain and construction subject to the new regulations will have to be elevated by two feet over the previously-applicable requirement in accordance with the following:
- The new regulations raise the NJDEP 100-year design flood elevation (DFE) by two feet.
- The FEMA DFE has been raised by two feet for a total of a three foot overall increase above FEMA’s current 100-year flood elevation.
- Permit applicants may employ a licensed professional engineer to complete flood mapping in instances where the applicant disagrees with state and federal mapping or no FEMA or NJDEP flood mapping exists.
- All permits for new, reconstructed, enlarged, or elevated structures within a flood hazard area must additionally comply with applicable design and construction standards of the New Jersey Uniform Construction Code.
- The amended rules newly define “public transportation entity” and provide such entities with flexibility for railroad, roadway, or parking area projects where strict compliance with the new rulemaking may not be feasible.
In connection with the IFP Rule, NJDEP has launched a flood indicator screening tool to assist with providing information regarding the presence of indicators of potential flood risk on or near properties of interest that should assist seller and landlords in complying with the Food Disclosure Law and will also be of assistance to property developers in general. The interface maps the location of waterways, FEMA Flood Zones, State Flood Hazard Areas and associated Design Flood Elevation profiles, and provides information on New Jersey’s Tidal Climate Adjusted Flood Elevation, which depicts future sea-level conditions in tidal areas. Launch Tool Here