The "Flood Zone Clarification Act" modifies the procedures for delineating flood hazard areas in New Jersey by establishing specific requirements for the Department of Environmental Protection (DEP). The bill mandates that the DEP set the State's flood hazard area delineation for each watercourse at no more than one foot above the 100-year flood elevation as determined by the Federal Emergency Management Agency (FEMA). This requirement is to be implemented within three months of the bill's effective date and after each subsequent FEMA delineation. Additionally, the bill restricts the DEP's discretion in adopting rules related to flood hazard area delineation, requiring legislative approval through a concurrent resolution before any new rules can be implemented.

Furthermore, the bill explicitly prohibits the DEP from implementing or adopting the proposed "New Jersey's Protecting Against Climate Threats (NJPACT) Rules" prior to June 1, 2038, unless authorized by the Legislature. This includes any rules that are substantially similar to those proposed in the NJPACT. The intent behind this legislation is to prevent the DEP from establishing a "climate-adjusted flood elevation" that could significantly impact coastal development and property ownership, particularly for middle- and lower-income families. The bill aims to create a standardized approach to flood hazard area delineation, ensuring that the DEP cannot set flood hazard areas at levels deemed excessive without legislative oversight.

Statutes affected:
Introduced: 58:16A-52