NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
\n<\/b>WATERSHED AND LAND MANAGEMENT
\nSTORMWATER MANAGEMENT RULES
\nFLOOD HAZARD AREA CONTROL ACT RULES<\/p>\n
Notice of Rule Proposal<\/strong> PUBLIC NOTICE<\/strong> Informed by recent, peer-reviewed precipitation studies performed by Cornell University, the proposed amendments and new rules incorporate the best available, New Jersey-specific precipitation data to inform the methodologies by which construction design standards required by the FHACA and SWM rules are determined for buildings and infrastructure subject to these rules and the standards specified in the rules. The Department proposes\u202famending\u202fN.J.A.C. 7:13-3.3, 3.4,\u202fand 3.6, as well as N.J.A.C. 7:8-5.4 and 5.6,\u202fto account for\u202fexpected flood increases due to increasing rainfall severity\u202fresulting from a changing\u202fclimate. N.J.A.C. 7:8-5.7 is proposed for amendment to remove the option to utilize the outdated rational and modified rational methods for calculations. N.J.A.C. 7:8 is further proposed for amendment to require groundwater recharge calculations to show that the two-year storm that is being infiltrated is based on the climate change projected (future precipitation) two-year storm.<\/p>\n The proposed amendments would require all entities subject to the proposed FHACA rule to account for expected flood increases in riverine areas due to increasing precipitation amounts by adding additional factors of safety to published Department and fluvial FEMA delineations. An applicant choosing to utilize a Department or FEMA promulgated map in a fluvial area would have to add an additional two-foot factor of safety to the current regulatory flood elevation. Additionally, where published mapping isn\u2019t available, or where a prospective applicant chooses to employ consultants to calculate the design flood elevation rather than rely on mapping, increased flooding would be addressed using projected rainfall totals for the 100-year storm.\u00a0\u00a0The proposed amendments also require use of rainfall data updated to the present, and projected into the future, to analyze site hydrology and design stormwater management facilities. Additionally, N.J.A.C. 7:13-6.7 and 10.1 are proposed to be amended to ensure that the Department will not approve a flood hazard area permit that does not meet applicable design and construction standards established under the Federal National Flood Insurance Program or New Jersey\u2019s Uniform Construction Code at N.J.A.C. 5:23. Finally, proposed new language at N.J.A.C. 7:13-12.6 addresses limited cases where a public transportation entity proposes railroad or public roadway improvements that have reached certain milestones in its development.<\/p>\n The rule proposal is anticipated to be published in the December 5, 2022 New Jersey Register.\u00a0 A copy of the proposal is available from the Department at https:\/\/deptest.nj.gov\/rules\/wp-content\/uploads\/sites\/70\/proposals\/proposal-20221205b.pdf<\/a>; official repository libraries; and LexisNexis free public access to the New Jersey Register,\u00a0https:\/\/www.lexisnexis.com\/hottopics\/njoal\/<\/a>.<\/p>\n The Department will hold a public hearing on Wednesday, January 11, 2023, at 1:00 P.M.\u00a0 The hearing will be conducted virtually through the Department\u2019s video conferencing software, Microsoft Teams. The hearing will remain open until all testimony has been heard and will be recorded.<\/p>\n A link to the virtual public hearing will be provided on the Department\u2019s Division of Land Resource Protection\u2019s website (https:\/\/www.nj.gov\/dep\/landuse\/news.html<\/a>).<\/p>\n If you are interested in providing oral testimony at the virtual public hearing, please email the Department at\u00a0peter.demeo@deptest.nj.gov<\/a>\u00a0no later than 5:00 P.M. Monday, January 9, 2023, with your contact information (name, organization, telephone number, and email address). Please note that the Department will take oral testimony at the hearing by alphabetical order of the testifying person\u2019s last name.<\/p>\n
\nN.J.A.C. 7:8-1.2, 1.6, 2.1, 5.4, 5.6 and 5.7; N.J.A.C 7:13-1.1, 1.2, 3.3, 3.4, 3.6, 10.1, 12.6 and Appendix 1<\/p>\n
\nTake notice <\/strong>that the Department of Environmental Protection (Department) is proposing rule amendments to the rules governing Stormwater Management (SWM), N.J.A.C. 7:8, and the Flood Hazard Area Control Act (FHACA) Rules, N.J.A.C. 7:13.\u00a0 Spurred by the devastation caused by the remnants of Tropical Storm Ida, the proposed amendments and new rules would ensure that development in flood prone areas and stormwater management systems throughout the State are constructed to more protective standards that reflect projected precipitation due to a changing climate, especially as to increased precipitation events.\u00a0The proposed amendments would apply to any person or entity that is proposing a regulated activity within a regulated area under the FHACA rules and any person or entity that is proposing a major development as defined by the SWM rules.\u00a0The rule proposal is anticipated for publication in the December 5, 2022 New Jersey Register.<\/p>\n