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Camden, Essex and Passaic counties received notice in January of this year to transition to the New Jersey Model Code Coordinated Ordinance by July 17th, 2023. Additionally, notice to update to the new ordinance model by May 2nd, 2023 was sent to the communities of Union, Gloucester and Somerset counties in November of 2022.
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HUD Issues Proposed Rule on Floodplain Management
The Department of Housing and Urban Development (HUD) has issued a proposed rule that would revise the department’s regulations governing floodplain management and the protection of wetlands to implement the Federal Flood Risk Management Standard (FFRMS).
With this Notice of Proposed Rulemaking (NPRM), HUD takes a major step in addressing future flood risk and ensuring the safety of HUD-assisted residents and federal investments. ASFPM encourages members to weigh in on this topic. Please submit your comments to Regulations.gov and send a copy to the ASFPM policy team (policy@floods.org ). Our team is drafting the association’s official comments and will include insights and perspectives provided by members in the response.
About the Proposed Rule
The proposed rule affects projects receiving HUD assistance, financing, or insurance. It expands the floodplain of concern to a defined “FFRMS floodplain.” The FFRMS floodplain expands the floodplain of concern (currently the 100-year floodplain) both vertically (based on projections of increased flood height) and horizontally (to reflect the vertical increase depending on the topography of a site). The proposed rule establishes that, when possible, a Climate Informed Science Approach (CISA) should be used to determine the FFRMS floodplain, utilizing the best-available, actionable hydrologic and hydraulic data. Where this data is unavailable, the rule provides for alternate approaches to determine the FFRMS floodplain based on the best available data/information. HUD also anticipates that over time, additional data will increase the capability of a CISA application nationwide.
HUD’s proposed rule requires that newly constructed or substantially improved structures within the FFRMS floodplain be elevated or floodproofed to the FFRMS floodplain elevation. This proposed rule would not change the requirements and guidance specifying which actions subject to Part 55 require elevation or floodproofing but rather expands the applicability of the longstanding 8-step process to areas based on both current and anticipated future flood risk.
This proposed rule also revises HUD’s Minimum Property Standards for single family one-to four-unit family housing under the FHA mortgage insurance program (which are not subject to Part 55) and low-rent public housing programs to require that the lowest floor in both newly constructed and substantially improved structures under these programs be built at least two feet above the 100-year floodplain.
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In March of this year, FEMA published a new Elevation Certificate fact sheet for property owners. This new fact sheet explains the usefulness of the Elevation Certificate in the new Risk Rating 2.0 insurance premium rating methodology, how to use it for construction and regulatory purposes, and how to obtain an Elevation Certificate. You can download the fact sheet using the button above:
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Floodplain Management Course - July 24th & August 3rd
NJAFM is offering a two-day, in-person course to review the basics of the National Flood Insurance Program (NFIP). This floodplain management training course will focus on the rules and regulations of the Federal Emergency Management Agency’s (FEMA’s) NFIP as the foundational knowledge needed for floodplain managers. The course will closely follow FEMA 480: NFIP Floodplain Management Requirements: A Study Guide and Desk Reference for Local Officials. The course will also include relevant newer guidance from FEMA not included in FEMA 480, as well as a general overview of higher standards required in the State of New Jersey by the New Jersey Flood Hazard Area Control Act.
WHEN: 9:00AM — 4:30PM Eastern Time Monday, July 24th & Thursday, August 3rd WHERE: The School of Flood 19 Mantua Road Mt. Royal, NJ 08061
Click to register at: NFIP Review Course (google.com)
FEMA Region II and NJDEP State NFIP Coordinator's Office - Ordinance Administration & Model Permit Training
The NJDEP will be providing one more training opportunity this quarter to interested parties covering an important topic for floodplain managers: Ordinance Administration & Model Permit Training. Sponsored by FEMA Region II and the NJDEP State NFIP Coordinator's Office, a total of four sessions for each of the two training topics will be offered. Below you can find more information about the content of the training session and links to register for the training. Please be sure to use the links below to register for any training session(s) that you wish to attend.
"Ordinance Administration & Model Permit Training"
1-hour webinar sponsored by FEMA R2 and provided by NJDEP/Baker Engineering
During this training, we will discuss the Model Code Coordinated Ordinance, its administration and the Model Floodplain Development Permit. All 552 participating communities will have to adopt the new Model Code to remain in good standing with the National Flood Insurance Program. This ordinance incorporates New Jersey Flood Hazard Area Control Act higher floodplain standards and required National Flood Insurance Program regulatory requirements with Statewide Uniform Construction Code flood resistant design requirements. This presentation will describe how development should be designed, permitted, and constructed to ensure compliance with the National Flood Insurance Program under the Model Code Coordinated Ordinance and will answer the question: 'Why is Ordinance Administration and Permitting important?'.
Presenters: Joseph Ruggeri, P.E., CFM, NJDEP
Becky Lyne, PWS, CE, Michael Baker International
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Last June, the New Jersey Floodplain Administrator Guidebook was introduced as a draft and is now being finalized. Other than updates to include a discussion of the Federal Flood Risk Management Standard and an updating of Local Design Flood Elevation and Determining Wave Height Worksheets, the finalized guidebook is substantially similar to the draft version. It will continue to be a living document and will be updated as needed.
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FEMA published a new report: Building Community Resilience with Nature-Based Solutions. It highlights five key strategies for implementing successful nature-based solution projects to advance natural hazard mitigation and climate adaptation:
- Building Strong Partnerships
- Engaging the Whole Community
- Matching Project Size With Desired Goals and Benefits
- Maximizing Benefits
- Designing for the Future
Download the report here: Building Community Resilience with Nature-Based Solutions
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Governor Phil Murphy announced the Administration’s upcoming adoption of the landmark Inland Flood Protection Rule to better protect New Jersey’s communities from worsening riverine flooding and stormwater runoff. The rulemaking has been filed with the Office of Administrative Law and will become effective upon publication in the New Jersey Register next month. A courtesy copy of the rule and additional information are available here.
The Inland Flood Protection Rule updates New Jersey’s existing flood hazard and stormwater regulations by replacing outdated precipitation estimates with modern data that account for observed and projected increases in rainfall. These changes will help reduce flooding from stormwater runoff and increase the resiliency of new developments located in flood-prone inland areas. Upon adoption, New Jersey will become the first state to use predictive precipitation modeling to implement rules to inform and protect future development and redevelopment from the impacts of climate change.
The Inland Flood Protection Rule establishes design elevations that are reflective of New Jersey’s changing climate and more frequent and intense rainfall, replacing standards based on outdated data and past conditions. The updated standards will apply to certain new and substantially reconstructed developments in inland riverine areas that are subject to flooding, but they do not prohibit development in these flood hazard areas. Under the two primary components of the rule:
- The elevation of habitable first floors will be two feet higher than currently indicated on DEP state flood maps and three feet higher than indicated on FEMA maps.
- Applicants for certain permits will use DEP’s New Jersey-specific precipitation data when calculating peak flow rates of streams and rivers for permits under the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, as well as when proposed development triggers compliance with DEP’s Stormwater Management rules, N.J.A.C. 7:8.
Studies commissioned by the Murphy Administration regarding increased intensity of current and projected rainfall events indicate that additional resilience actions must be taken to better protect New Jersey’s people, communities, and public and private assets. In an effort to close severe climate data gaps and provide a reliable scientific basis for regulatory adjustments, the DEP commissioned New Jersey-specific studies that confirmed precipitation has increased in the state over the past 20 years and will continue to increase through the end of this century. The peer-reviewed studies, released in November 2021, were performed by the Northeast Regional Climate Center, a partner of the National Oceanic and Atmospheric Administration.
Key findings showed that:
- Precipitation amounts that long guided state policy, planning and development criteria relied upon data obtained through 1999 and did not accurately reflect current precipitation intensity conditions. Extreme precipitation amounts are 1 percent to 15 percent higher now than the 1999 data suggests. Therefore, the 1999 data previously in use is outdated and not reflective of current precipitation.
- Precipitation during the 100-year storm is likely to increase by 23 percent to 50 percent above the 1999 baseline by 2100. These numbers represent the upper end of the likely range as defined by the Intergovernmental Panel on Climate Change (IPCC). Projected changes will be greater in the northern part of the state than in the southern and coastal areas.
The updated standards in the Inland Flood Protection Rule will apply to new or reconstructed developments and not to existing developments. Pending development applications before the DEP that are administratively complete at the time of adoption are not affected by these changes. Existing provisions of the flood hazard and stormwater rules that provide flexibility from strict compliance based on unique site-specific conditions will remain in place, along with new provisions designed to ensure that infrastructure projects already in progress can continue to move forward.
The final rule also provides clarifications for the legacy provision of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.1 to address projects that were wholly located outside the prior flood hazard area, and which have already received local approval under the Municipal Land Use Law. As initially proposed, this exemption from the new flood elevations would have been limited to those projects that had begun construction before the new rules were adopted. In recognition of the often-significant investments made for projects that have reached the stage of receiving municipal approval, the DEP is retaining the existing exemption for such projects.
In connection with the proposed Inland Flood Protection Rule, to aid the public to gauge flood risk and provide a visual approximation of regulatory jurisdiction on specific parcels, the DEP has launched a flood indicator tool.
While the tool does not provide a definitive demonstration of regulatory jurisdiction or calculate actual risk, it can be useful in assisting property owners or prospective property owners on potential risk and, by referencing the 500-year flood extent, approximate DEP’s regulatory jurisdiction and flood risk. Equipped with this information, property owners may then decide to take additional steps to determine actual risk, which is dependent on site-specific conditions.
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When structures inside the Special Flood Hazard Area (SFHA) are damaged, National Flood Insurance Program (NFIP) participating communities have a responsibility to assess impacts before repairs can be made, no matter the cause of damage. If the cost to repair is 50% or more of the market value, the structure is considered Substantially Damaged and must be brought into compliance with current local floodplain management standards. Rebuilding to current standards decreases peril to life and property and prevents future disaster suffering.
FEMA has released a Quick Guide to provide an overview of the considerations for evaluating structures for potential Substantial Damage (SD) or Substantial Improvement (SI) in the SFHA. Community officials are responsible for making SI/SD determinations before structures are repaired or improved as part of administration of local floodplain management regulations.
To download the four-page fact sheet and access other resources recommended by FEMA associated with this topic, please use the link below.
FEMA's New Substantial Damage Quick Guide Information
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FEMA has published a notice in the Federal Register seeking public comment on implementation of the Community Disaster Resilience Zones Act of 2022, including updates to the methodology and data used for the National Risk Index and any other hazard assessment products; potential improvements to FEMA's provision of hazard data; the process used to designate community disaster resilience zones; financial and technical assistance for resilience or mitigation projects primarily benefitting community disaster resilience zones; and the community disaster resilience zone project application and certification process.
Comments are due July 25, 2023. Learn More
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