Permit Extension Act Poised for Governor’s Signature

Today, the New Jersey State Senate voted to extend the Permit Extension Act in the 9 Sandy-affected counties for another year until December 31, 2016 (many approvals will be extended until June 30, 2017). It is anticipated that the Governor will sign this Legislation sometime in early July.

Legislature Passes Automatic Variance Bill for Sandy Rebuilding

Both houses of New Jersey’s Legislature have unanimously approved the so-called “Automatic Variance” law to make it easier to raise buildings to the new FEMA base elevations.  The law applies to the rebuilding of any structure destroyed or damaged by Superstorm Sandy, as well as to existing structures that survived Sandy.  A structure of the […]

FEMA Releases New Base Flood Elevation Maps

On June 17, 2013, the Federal Emergency Management Agency (“FEMA”) released new base flood elevation maps (“BFEs”) – providing much-needed guidance to homeowners still debating how to address flood-related damage suffered during Superstorm Sandy.  The new BFEs substantially revise the advisory base flood elevation maps (“ABFEs”) released by FEMA in December 2012.  Most importantly, the […]

FEMA Announces Release Dates For Digital Flood Insurance Rate Maps (DFIRM’s)

In a recent regulatory update, FEMA has announced its projected release dates for its Digital Flood Insurance Rates Maps (DFIRM’s), with the schedule being broken down by county. Below are the release dates for each county: Atlantic County: September 30, 2013 Bergen County: September 30, 2013 Cape May County: October 31, 2013 Essex County: August […]

Signing A Deed Of Dedication And Perpetual Storm Damage Reduction Easement. Is It Right For You?

Towns up and down the New Jersey Shore are pressing oceanfront property owners to sign a Deed of Dedication and Perpetual Storm Damage Reduction Easement (Easement), asserting that the United States Army Corps of Engineers requires these Easements as a prerequisite to performing dune and beach restoration.  Here are a few comments on the proposed […]

The War On Property Owners Refusal To Execute Easements For Sand Dunes Are Heating Up Down The Shore

Several municipalities located along the Jersey Shore are putting pressure on various property owners to grant easements to permit dunes to be constructed on their properties.  By way of example, Long Beach has publically posted names of several homeowners who they believe have inappropriately refused to execute the easements.  Toms River has expressed the fact […]

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.  […]

FEMA To Release New Advisory Base Flow Elevations Maps

This week and next the Federal Emergency Management Agency (“FEMA”) is going release Advisory Base Flow Elevations on maps which will determine the required elevation of structures in connection with the Federal Flood Insurance Program and will also be used by NJDEP in certain areas.  Some of these new maps will be released this week […]

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”) […]

Advisory for Immediate Evaluation of Contaminated Sites

In light of significant flooding experienced with Hurricane Sandy, we are advising all clients currently remediating contaminated sites, or currently investigating suspected contaminated sites, to consider retention of an environmental consultant to evaluate current conditions. Creating an environmental benchmark is particularly important given (1) the availability of “off-site” contamination exemptions under applicable environmental statutes and […]