New Jersey Inland Flood Protection Rule

The New Jersey Department of Environmental Protection adopted a new rule created to better respond to increased flooding due to climate change. The new Inland Flood Protection rule updates rainfall data, which was previously calculated only through 1999, and accounts for future climate conditions in design requirements for new and reconstructed investments in high-risk areas. The new rule, initially proposed by DEP in December 2022, was filed in June 2023 and effective July 2023. The impetus for changing the rule was in response to the effects of Tropical Storm Ida in 2021. The findings during the rulemaking process found that in several impacted locations in New Jersey, Ida-related flooding peaked at FEMA-determined 500-year flood elevations.

The storm also exposed gaps in New Jersey’s current flood data recording practices that had not changed since the 1980s. The new Inland Flood Protection Rule requires the construction of new assets following a severe storm to be “designed and constructed using the best-available precipitation data” by abandoning previous methods that led to the oversimplification of complex hydrologic processes and allowed for inconsistent application. 

Additionally, to increase resilience in communities severely impacted by or at risk from flooding, the new rule requires fluvial (non-tidal) design flood elevation to be raised by two feet. It also requires using stormwater Best Management Practices (BMPs) that manage stormwater from current and future projected storm conditions. The rule applies to new construction and reconstruction and does not apply to existing development. The new rule is listed at NJAC 7:8 and 7:13.

 

Publication Date: July 1st 2023

Related Organizations:

  • New Jersey Department of Environmental Protection

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  • Agency guidance/policy

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