NJ’s Inland Flood Protection Rule

On October 27, 2022, Governor Phil Murphy and Commissioner of Environmental Protection Shawn M. LaTourette announced the Administration’s intent to propose an Inland Flood Protection Rule to better protect New Jersey’s communities from worsening riverine flooding and stormwater runoff. A formal rule proposal was published in the New Jersey Register on December 5, 2022.

NY/NJ Baykeeper thanks the Murphy Administration and the NJ Department of Environmental Protection for moving forward with the highly anticipated rule.

Key Points

  • New Design Flood Elevation (DFE) raises fluvial (non-tidal) flood elevation mapped by DEP by two feet
  • Requires use of future projected precipitation when calculating flood elevations
  • Ensures that DEP’s Flood Hazard Area permits conform to NJ Uniform Construction Code standards and meet or exceed minimum FEMA National Flood Insurance Program requirements
  • Requires stormwater Best Management Practices (BMPs) to be designed to manage runoff for both today’s storms and future storms
  • Removes use of Rational and Modified Rational methods for stormwater calculations

 

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