Murphy Administration Proposes New Inland Flood Protection Rule

The Murphy administration announced yesterday their intent to propose a new Inland Flood Protection Rule that would update New Jersey’s existing flood hazard and stormwater regulations with modern data.

New Jersey’s residents face increasing threats from the devastating impacts of extreme rainfall events, which are expected to intensify in both their frequency and severity, according to the NJ DEP.

The Inland Flood Protection Rule would clearly define these at-risk areas and construct or reconstruct properties/assets in these areas using up-to-date climate-informed precipitation data.

Purpose

• To ensure that new investments are well-suited to manage: Current levels of rainfall, runoff, and flooding; the anticipated future conditions over the lifetime of an asset/property.
• Support the wise deployment of Ida recovery and water infrastructure investments
• Inform new development and reconstruction; does not apply to existing development

Key Points

• New Design Flood Elevation (DFE) raises fluvial (non-tidal) flood elevation mapped by DEP by two feet
• Requires use of future projected precipitation when calculating flood elevations
• Ensures that DEP’s Flood Hazard Area permits conform to NJ Uniform Construction Code standards and meet or exceed minimum FEMA National Flood Insurance Program requirements
• Requires stormwater Best Management Practices (BMPs) to be designed to manage runoff for both today’s storms and future storms
• Removes the use of Rational and Modified Rational methods for stormwater calculations

Addresses Three Issues Related to Increased Precipitation Due to Climate Change

1. Outdated rainfall data used by DEP rules was computed only through 1999
2. DEP rules do not account for future increases in precipitation due to climate change
3. Designs based on current flood mapping are not protective for current and future conditions: Flood mapping reflects prior flooding patterns; does not reflect changes due to climate change.

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