Supporters of a plan to increase flood protection for inland areas of New Jersey urged the state to put a hold on new development applications until the rule becomes effective.
By Jon Hurdle, NJ Spotlight News
More than a dozen environmental and community groups gathered at the State House Monday to voice their support for the new Inland Flood Protection Rule but called on officials to resist an expected influx of development plans before the rule is formally adopted sometime in the first quarter of this year.
The advocates fear that developers are scrambling to submit their applications under existing rules that allow construction 2 feet lower than the new plan.
DEP plans a virtual public hearing for Wednesday at 1 p.m., public comment will be open until Feb. 3
Register for the virtual public hearing here
Environmental attorney Bruce Katcher delves into the details of the proposed rule here
“Even though these inland flood rules have been proposed, no one has to design to these new standards until these rules are adopted,” said Mike Pisauro, policy director of the nonprofit Watershed Institute. “I suspect there is going to be a flood of applications – and I use that word very intentionally – while these rules are pending. There should be a hold unless those applicants want to apply under the new standards,” he said at the news conference.
Putting a hold on development would be consistent with the actions of previous governors such as Brendan Byrne and Thomas Kean who imposed moratoria on topics including the Pinelands and wetlands until relevant rules became effective, advocates said in a letter to Gov. Phil Murphy in October.
The Department of Environmental Protection referred a question about the proposed moratorium to Murphy’s office, which did not respond.
The rule would raise the “design flood elevation” – the minimum level of the habitable first floor of a new building in non-tidal areas – by 2 feet from existing Department of Environmental Protection flood maps, and by 3 feet from maps drawn by the Federal Emergency Management Agency.
It would also require the use of future projected precipitation in calculating flood elevations, as well as ensure that the DEP flood-hazard permits meet state standards on construction codes and comply with federal flood insurance requirements.
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