"Flood Zone Clarification Act"; modifies procedure for delineation of State flood hazard areas.
Impact
The implications of S3935 are significant for state environmental law and governance. By temporarily halting the adoption of the NJPACT rules, the bill seeks to limit the DEP's ability to set flood hazard area delineations that could have far-reaching effects on development in coastal areas. Proponents of the bill contend that the NJPACT rules could render vast areas of New Jersey unsuitable for development, particularly affecting middle- and lower-income families who own properties in these regions, as the proposed elevation requirements could lead to increased prohibitions against necessary developments or renovations.
Summary
Senate Bill S3935, titled the 'Flood Zone Clarification Act', aims to modify the process of delineating flood hazard areas in New Jersey. Specifically, it prohibits the Department of Environmental Protection (DEP) from implementing or adopting rules proposed under the New Jersey Protecting Against Climate Threats (NJPACT) until June 1, 2038, unless such rules receive authorization through a concurrent resolution from the Legislature. This bill is an explicit response to the DEP's proposed NJPACT rules, which aimed to establish a climate-adjusted flood elevation of five feet above the Federal Emergency Management Agency (FEMA) 100-year flood elevation, something supporters of S3935 argue is overly restrictive and harmful to state coastal communities.
Contention
There is notable contention surrounding this bill, primarily anchored on debates over whether the DEP’s proposed NJPACT rules are suitable for addressing the imminent threats posed by climate change. Advocates for S3935 argue that the existing DEP proposals have not undergone adequate cost-benefit analysis and are based on flawed data, specifically referencing an outdated Rutgers report. They assert that the bill will protect the rights of property owners while also negating what they view as overreach by state environmental authorities. Conversely, opponents may view the bill as a detrimental step back from essential climate and environmental protections, arguing such measures are crucial for safeguarding communities against the more frequent and severe weather events exacerbated by climate change.
An Act Concerning The Preservation Of Natural Vegetation Near Wetlands And Watercourses And Certain Enhancements To The Inland Wetlands And Watercourses Act.
Providing for protection of existing riparian buffers, for restoration of impaired riparian buffers, for exemptions, for municipal authority, for powers and duties of Department of Environmental Protection, for property inspections, for delegation to a municipality, for municipal action appeals, for penalties, civil action and liability for costs and for effect on other Commonwealth laws or regulations and municipal ordinances.