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Flood Hazard Area (FHA) Emergency Rule-making

Recently, the New Jersey Department of Environmental Protection (NJDEP) announced that it would be implementing Emergency Rule-making to the Flood Hazard Area Control Act (FHACA) Rules (or N.J.A.C. 7:13). Five key points from this Emergency Rule-making include, but are not limited to:

    1. Non-tidal design flood elevations will be raised by two feet. “Non-tidal” applies to sites that are not affected by flooding caused by the tidal surges in the Atlantic Ocean.
    2. Higher projected precipitation rates will be utilized.
    3. Permits/Authorizations under the FHACA rules will meet the FEMA National Flood Insurance Program (NFIP) standards and all relevant sections of the Uniform Construction Code (UCC).
    4. Stormwater facilities will have to be designed for runoff rates for both current storms and future storms.
    5. The Rational and Modified Rational methods for stormwater calculations will no longer be acceptable.

The rules will be adopted later this summer, and WJH is still compiling information and research to determine how it will affect our valued clients’ projects. Get ready for our future blog that will provide more details on the Emergency Rule-making and how it may affect you!”

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