The "Flood Zone Clarification Act" modifies the procedures for delineating flood hazard areas in New Jersey. It amends existing law to require the Department of Environmental Protection (DEP) to 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 change limits the DEP's discretion in determining flood hazard areas, which previously allowed for potentially higher elevations. The bill mandates that the DEP update these delineations within three months of the bill's effective date and after each subsequent FEMA delineation, ensuring that the flood hazard area remains consistent with federal standards.

Additionally, the bill imposes a moratorium on the implementation of the DEP's proposed "New Jersey's Protecting Against Climate Threats (NJPACT) Rules" until June 1, 2038, unless authorized by the Legislature. This provision aims to prevent the DEP from adopting rules that could significantly impact development in coastal areas by establishing a "climate-adjusted flood elevation" that is five feet above the FEMA 100-year flood elevation. The bill emphasizes legislative oversight over the DEP's rule-making process, requiring concurrent resolutions for any proposed regulations related to flood hazard area delineation. Overall, the bill seeks to balance flood safety with development opportunities, particularly for middle- and lower-income families in coastal regions.

Statutes affected:
Introduced: 58:16A-52