New Jersey Assembly Bill A5115

New Jersey 2024-2025 Regular Session

• Introduced: 12/12/24
• Refer: 12/12/24

Caption

"Flood Zone Clarification Act"; modifies procedure for delineation of State flood hazard areas.

Impact

If enacted, A5115 will significantly impact the DEP's authority by limiting their discretion over how flood hazard areas are designated. Under this legislation, a flood hazard area delineation must be set no more than one foot above the National Flood Insurance Program's (NFIP) 100-year flood elevation for watercourses. This modification shifts the classification and approval process for flood hazard areas, emphasizing legislative oversight to prevent potential overreach by the DEP. As a result, the proposed bill will standardize the flood hazard area delineation process while ensuring that any proposed changes must receive legislative approval, effectively curbing the DEP's autonomy in these matters.

Summary

Assembly Bill A5115, also known as the 'Flood Zone Clarification Act,' aims to modify the procedures for delineating flood hazard areas in New Jersey. The bill prohibits the Department of Environmental Protection (DEP) from implementing the newly proposed New Jersey Protecting Against Climate Threats (NJPACT) Rules until June 1, 2038, unless the Legislature passes a concurrent resolution authorizing such actions. This legislation is designed to ensure that any new rules related to flood hazard area designations are under strict legislative governmental control rather than unilateral DEP decisions. The bill is a response to concerns regarding the substantial elevation increases proposed by the NJPACT rules, which suggested a flood elevation five feet above the established federal threshold, intending to account for climate change impacts such as sea level rise.

Contention

The bill has sparked notable contention, particularly concerning its implications for New Jersey's coastal communities. Proponents argue that the NJPACT Rules, if implemented without such oversight, could hinder development opportunities and disproportionately affect middle and lower-income families by increasing flood elevation standards that may be unfeasible for many property owners. Critics of the DEP's proposed rules assert that a rigorous cost-benefit analysis has not been adequately conducted, posing risks to community safety and wellbeing. They contend that the bill is a necessary measure to protect property rights and maintain manageable development practices in vulnerable areas. On the other hand, environmental advocates express concerns that lowering flood elevation designations could expose communities to heightened risks of flooding, particularly in light of climate change projections.