NJDEP Proposes Significant Changes To Inland Flood Hazard Area Regulations

The New Jersey Department of Environmental Protection ("NJDEP") has announced that it will propose an Inland Flood Protection Rule to revise its flood hazard and stormwater management rules in an effort to mitigate the impacts of increased flooding and stormwater runoff caused by climate change. With the proposal, NJDEP plans to replace older precipitation estimates with more recent data that considers current and projected future increases in rainfall and stormwater runoff caused by more frequent and severe storm events. For now, these rule changes affect only fluvial flood areas (i.e., areas surrounding non-tidal rivers and streams). However, NJDEP is planning a more comprehensive package of revisions to the State's land use rules as part of its New Jersey Protecting Against Climate Threats ("NJPACT") initiative, which is anticipated to propose additional new rules in response to coastal flooding risks.