NJDEP Publishes New Climate Change Rule Proposal
Substantial changes to NJDEP’s use Coastal, Flood Hazard, Wetland and Stormwater regulatory programs are coming that will severely impact proposed and existing development. NJDEP published its Protecting Against Climate Threats (PACT) Resilient Environments and Landscapes (REAL) rule in the August 5, 2024 New Jersey Register and has up to a year to adopt the proposed amendments. […]
PACT Flood Hazard & Stormwater Management Rules Update
Updating our prior alerts regarding the previously published Flood Hazard and Stormwater Protection Against Climate Threats rule proposal, NJDEP has filed the rule for publication of adoption. With this action, it is anticipated that the notice of adoption will be published in either the July 3 or July 17 New Jersey Register, and the amended rules will […]
PACT 1 Rules Flood Hazard Area and Stormwater Management Regulations
Since these final regulations were not submitted by April 21, 2023, they will not be published in the May 15, 2023 New Jersey Register. The next New Jersey Register in which these regulations can be published is on June 5, 2023. For any pending Flood Hazard Area applications, they must be deemed administratively and technically complete prior to publication […]
Revised Flood Hazard Area Control Act & Stormwater Rules to be Proposed on December 2, 2022
The New Jersey Department of Environmental Protection (“DEP”) has pre-released proposed amendments to its flood hazard and stormwater management rules. These amendments relate only to fluvial flood hazard areas, and are being proposed by DEP in place of the emergency flood hazard rules that were anticipated, but never released, in June 2022. DEP will proceed with formal […]
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 […]
The DEP Must Adequately Explain its Administrative Decisions to Avoid Remand
In In re Flood Hazard Area Verification (Riparian Zone Only) File No. 2105-04-0002.1FHA1870001 et al, Superior Court of New Jersey, the Skylands Preservation Alliance (SPA) appealed from the State of New Jersey Department of Environmental Protection (DEP)’s issuance of a Riparian Zone Only Verification (RZOV) for a unnamed tributary stream of the Musconetcong River to […]
NJDEP Has Issued Proposed Amendments To The Flood Hazard Area Control Act Rules
On February 19, 2013, the New Jersey Department of Environmental Protection published in the New Jersey Register the emergency adoption (effective January 24, 2013) and concurrent proposal of amendments to the Flood Hazard Area Control Act rules, N.J.A.C. 7:13. http://www.nj.gov/dep/rules/notices/20130219a.html The emergency adoption and proposed rules concern the construction and reconstruction of buildings in flood […]
Governor Adopts FEMA Advisory Base Flood Elevation Maps as a DEP Standard
On January 24, 2013, Governor Christie announced that the State is adopting the recently released FEMA Advisory Base Flood Elevation maps as a DEP 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. […]
DEP Waives Some Permitting Requirements To Promote Rebuilding After Sandy
The devastation caused by Hurricane Sandy is massive and the loss of lives, homes and belongings is heartbreaking. The recovery effort will present many practical challenges and legal issues. Those who seek to reconstruct destroyed or damaged property will likely need to address environmental issues, particularly in the coastal areas. Department of Environmental Protection (“DEP”) […]
Opportunity For Stakeholder Input Regarding Stormwarter and Flood Hazard Rules
NJDEP has provided the opportunity for stakeholder input with regard to its Stormwater and Flood Hazard Area Rules. One major change which is being contemplated is the elimination of the Special Water Resource Protection Area under the Stormwater Rules (the 300-Foot Buffer) and incorporating that concept into the Flood Hazard Area Rules. With respect to […]
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