The "Flood Zone Clarification Act" modifies the procedures for delineating flood hazard areas in New Jersey. The bill mandates that the Department of Environmental Protection (DEP) must 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 a shift from the current law, which allows the DEP greater discretion in determining flood hazard area heights. The DEP is also required to update these delineations within three months of the bill's effective date and after each subsequent FEMA delineation, ensuring that the flood hazard areas are consistently aligned with federal standards.

Additionally, the bill imposes restrictions on the DEP's ability to implement or adopt the proposed "New Jersey's Protecting Against Climate Threats (NJPACT) Rules" until June 1, 2038, unless authorized by the Legislature through a concurrent resolution. This provision aims to prevent the DEP from adopting rules that could significantly impact development in coastal areas, particularly those that would establish a "climate-adjusted flood elevation" of five feet above the FEMA 100-year flood elevation. The bill seeks to protect the interests of middle- and lower-income families by limiting the DEP's authority to impose stricter flood hazard delineations that could hinder property ownership and development in coastal regions.

Statutes affected:
Introduced: 58:16A-52