NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
DIVISION OF LAND USE REGULATION

Notice of Rule Proposal
Flood Hazard Area Control Act Rules, N.J.A.C. 7:13

PUBLIC NOTICE
Take notice that the NJ Department of Environmental Protection has adopted on an emergency basis (effective January 24, 2013) and is concurrently proposing amendments to the Flood Hazard Area Control Act rules at N.J.A.C. 7:13 relating to the construction and reconstruction of buildings in flood hazard areas based on the most recent and reliable flood elevation data.  A statement of the substance of the concurrent proposal follows: The proposed amendments enable the use of the best available flood elevation data to determine the flood hazard area design flood elevation for a given site, including FEMA’s recently released advisory flood maps for New Jersey’s coast. The proposed amendments also incorporate FEMA mapping issued as final (effective) that is developed in partnership with the Department such that it depicts the Department’s flood hazard area design flood elevation and floodway limit; allow flood proofing measures to be used instead of elevating structures in certain, limited situations; and ensure consistency between the Department’s standards for elevating buildings in flood hazard areas with the building standards of the Uniform Construction Code promulgated by the Department of Community Affairs at N.J.A.C. 5:23.

The emergency adoption and concurrent proposal is scheduled to be published in the New Jersey Register dated February 19, 2013. A copy of the emergency adoption and concurrent proposal is available from the DEP web site; official repository libraries; LexisNexis Customer Service at (800) 223-1944 or www.lexisnexis.com/bookstore.  Be advised that there may be a fee for obtaining a copy of the emergency adoption and concurrent proposal from some sources.

A public hearing concerning the concurrent proposal is scheduled as follows:

Thursday, March 7, 2013, 5:30 P.M.
City of Long Branch Municipal Building
Council Chambers
344 Broadway, 2nd Floor
Long Branch, NJ 07740

Written comments may be submitted by March 21, 2013, at http://www.nj.gov/dep/rules/comments; or in hard copy to:

Gary J. Brower, Esq.
Attn: DEP Docket No. 01-13-01
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 4th Floor
Trenton, NJ 08625-0402