June 26, 2022

Volume XII, Number 177

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June 24, 2022

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NJDEP Announces FHA Emergency Rulemaking

At a Stakeholder meeting on May 25, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) announced emergency rulemaking for the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13 et seq.

The emergency rules will, amongst other things, raise the requirement for design flood elevation in a fluvial flood hazard area.  It raises the Design Flood Elevation by two (2) feet, (will expand the flood plain and require that first floors of all buildings in the flood plain be DEP base flood elevation plus 2’ and from the FEMA 100 year elevation plus 3 feet), and will incorporate the new precipitation projections (year 2100) into stormwater best management practices (“BMP”) designs, which will impact the sizing of stormwater management systems. Any construction must meet the FEMA NFIP standards and relevant sections of the Uniform Construction Code.  Also, existing Verifications, without a related permit, may no longer be valid.  This increase in elevations may also impact the feasibility of a project, because of access issues.  All floodways should remain the same.

NJDEP will not commit to exactly when the emergency Rule will be adopted.  NJDEP intends to adopt the emergency rules in mid-June and recommends that any applications that may be impacted be submitted to NJDEP by Friday, June 10, 2022 in order to remain subject to the existing rules.  That application must be deemed complete upon submission.

If the project is now not within the regulated flood plain, but is within the regulated flood plain under the emergency rules, you must be in construction to be exempt from the emergency rules.  If you have a permit for the construction, you can rely on that permit.  The stormwater provisions would rely on Section 1.6 of the stormwater rules as to whether they will have to comply with the new precipitation projections.

Linda M. Lee, Michael P. Castore, and Steven J. Corodemus also contributed to this article.

© 2022 Giordano, Halleran & Ciesla, P.C. All Rights Reserved National Law Review, Volume XII, Number 145
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About this Author

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

Mike, 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. He also appears before planning and zoning boards and has handled complex construction litigation matters.

Mike is...

732-741-3900
Marc D. Policastro Attorney GHC Law
Shareholder

Marc, Chair of the Environmental Department, is a transactional, business attorney, who focuses his practice in development, redevelopment, environmental compliance cases, corporate transactional matters, land use, zoning and business counseling. Admitted to practice in New Jersey and New York, he has represented numerous national developers, manufacturers, cogeneration facilities and utilities, automobile dealerships, lenders, borrowers and municipal boards in myriad land use contexts, including commercial and residential development and due diligence matters. He also focuses on complex...

732-741-3900
Paul H. Schneider, Giordano Law Firm, Litigation Attorney
Shareholder

Paul, Chair of the Environmental & Land Use Litigation Practice Area, focuses his practice in environmental, redevelopment, land use, regulatory, real estate and affordable housing law, and litigation. He also handles a wide variety of redevelopment matters as well as corporate and commercial litigation. In addition to handling major litigation before both the state and federal courts and the Office of Administrative Law, he has extensive experience before the New Jersey Supreme Court and the Appellate Division.

Paul represents real estate...

732-741-3900
Steven M. Dalton, Giordano Law Firm, Attorney, Environmental - Land Use, Environmental - Site Remediation, Land Use & Development Law ,Cannabis Law, Real Estate, Renewable Energy, Environmental Law, Land Use Law, Litigation
Shareholder

Steve's primary practice is in Environmental Law. He is able to utilize his background in environmental sciences to anticipate, understand and address the issues that his clients confront. Steve assists business and individual clients in state and federal environmental permitting, regulatory compliance, solid and hazardous waste remediation and redevelopment of contaminated sites, underground storage tank compliance, water and sewer rights and approvals, Tideland rights and approvals, and municipal land use matters.  Steve also assists clients with environmental aspects of real estate...

732-741-3900
David J. Miller Shareholder environmental regulatory, real estate and corporate transactional matters attorney
Shareholder

Dave is an environmental attorney with experience in the private and public sectors who focuses his practice on environmental regulatory, real estate and corporate transactional matters. He counsels clients on site remediation, the Industrial Site Recovery Act (ISRA), Site Remediation Reform Act (SRRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), due diligence, participation in potentially responsible party groups and interaction with the Environmental Protection Agency on Superfund matters.  Dave also advises on the procurement of environmental permits...

732-741-3900
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