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 […]

Remediation Deadline Leads To Surge In Access Requests

 In an effort to meet the statutory requirement to complete “remedial investigations” by May 7, 2014, many responsible parties are aggressively seeking off-site access to adjacent and nearby properties to undertake remediation activities such as soil, groundwater and vapor sampling.  The Brownfield and Contaminated Site Remediation Act provides persons undertaking remediation with a statutory basis […]

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 […]

FEMA Maps Rollout Delayed: Release Scheduled For End Of June 2013

FEMA working maps were supposed to be rolled out by the end of May.  These maps precede the formal draft flood elevation maps, which initiate a formal comment period to FEMA.  Instead, we are advised that these maps will roll out at the end of June.  Once these working maps are released, they will be […]

Appellate Court Upholds NJDEP Decision to Remove Park From ROSI

On May 29, 2013, the Appellate Division determined that the DEP appropriately allowed the removal of the Robert J. Miller Air Park from Ocean County’s Recreation and Open Space Inventory (“ROSI”).  The Pinelands Preservation Alliance and New Jersey Conservation Foundation, represented by the Eastern Environmental Law Center, appealed from the NJDEP action authorizing amendment of […]