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 to be implemented within three months of the bill's effective date and after each subsequent FEMA delineation. Additionally, the bill stipulates that any person applying for a permit under the Flood Hazard Area Control Act must adhere to this new delineation standard.

Furthermore, 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 limit the DEP's discretion in flood hazard area delineation and prevent the adoption of potentially more stringent regulations that could adversely affect development in coastal areas. The bill is a response to concerns that the NJPACT Rules would impose excessive restrictions on property development, particularly for middle- and lower-income families, and seeks to establish a more standardized approach to flood hazard area delineation in state law.

Statutes affected:
Introduced: 58:16A-52