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April 24, 2014

New Jersey Governor Adopts FEMA Advisory Base Flood Elevation Maps as a DEP Standard (Department of Environmental Protection Standard)

On January 24, 2013, New Jersey Governor Christie announced that the State is adopting the recently released FEMA Advisory Base Flood Elevation maps as a DEP (Department of Environmental Protection) Standard.  The Governor did this by emergency rule effective immediately.  FEMA expects to proceed with adopting these advisory maps as final maps; however, this process will take 18 to 24 months.  Therefore, the Governor determined to adopt these advisory maps as the State standard immediately.

There are also amendments to three (3) Flood Hazard Area Permits-by-Rule, General Permits, and Individual Permits in order to facilitate reconstruction, relocation, elevation and flood proofing of buildings in Flood Hazard Areas.  These amendments bring the regulations into conformance with FEMA (Federal Emergency Management Agency) requirements, as well as requirements of New Jersey’s Uniform Construction Code.  The amendments require that substantially damaged buildings (greater than 50% of the value) be elevated and remove certain restrictions on items such as height of crawl spaces.

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About the Author

Michael J. Gross, Giordano Law Firm, Environmental Attorney
Shareholder/Managing Partner

Mr. Gross, chair of the Environmental Law Practice Area, handles all aspects of New Jersey and federal environmental law, including permitting and litigation, CAFRA, sewage disposal and water supply, wetlands, riparian (tidelands) law, solid waste, flood hazard areas, siting of energy and other industrial facilities, site remediation, Pinelands, Highlands, cultural resources, stormwater, wastewater planning, water and air pollution. Mr. Gross also appears before planning and zoning boards and has handled complex construction litigation matters.

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