The "Flood Zone Clarification Act" modifies the procedures for delineating flood hazard areas in New Jersey. It 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 to be implemented within three months of the bill's effective date and after each subsequent FEMA delineation. The bill also stipulates that any person applying for a permit under the Flood Hazard Area Control Act must adhere to this new delineation standard.

Additionally, the bill imposes restrictions on the DEP's ability to implement or adopt the proposed New Jersey 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 ensure that flood hazard area delineations are more predictable and less subject to the DEP's discretion, thereby protecting the interests of middle- and lower-income families in coastal regions.

Statutes affected:
Introduced: 58:16A-52