An Act concerning mapping of flood hazard areas and amending P.L.1962, c.19.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1962, c.19 (C.58:16A-52) is amended to read as follows:

3. a. The department shall study the nature and extent of the areas affected by flooding in the State. After public hearing upon notice, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department shall adopt rules and regulations which delineate as flood hazard areas such areas as, in the judgment of the department, the improper development and use of which would constitute a threat to the safety, health, and general welfare from flooding. [Such] These delineations shall identify the various subportions of the flood hazard area for reasonable and proper use according to relative risk, including the delineation of floodways necessary to preserve the flood carrying capacity of natural streams. The department shall update delineations of flood hazard areas as appropriate as provided in subsection b. of this section. At a minimum, the department shall update its delineations of flood hazard areas at least once every 15 years. The department may, after public hearing upon notice and pursuant to the [aforecited] "Administrative Procedure Act," revoke, amend, alter, or modify such regulations if in its judgment the public interest so warrants.

b. (1) The department shall wherever practicable, make floodway delineations identical to the floodway delineations approved by the [Federal Government] Federal Emergency Management Agency for the National Flood Insurance Program. Immediately upon adoption of a floodway delineation approved by the Federal Emergency Management Agency for the National Flood Insurance Program, the department shall include the federal floodway delineation into the department's flood hazard area delineation for that watercourse, provided that the department has determined that the federal floodway delineation is sufficient to carry and discharge the flood flow of the watercourse.

(2) Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto, to the contrary, a person shall apply for a permit or other approval or authorization issued by the department pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), for a site based upon a floodway delineation approved by the Federal Emergency Management Agency for the National Flood Insurance Program, provided that (a) the federal floodway delineation is more recent than the department's delineation for the same watercourse, and (b) the department has determined that the federal floodway delineation is sufficient to carry and discharge the flood flow of the watercourse and is at least as protective of the public safety, health, and general welfare as the department's delineation.

c. The department shall establish a procedure for reducing any delineated flood hazard area when a change has been made which increases the flood carrying capacity of the concerned stream at that location.

(cf: P.L.1979, c.359, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill makes certain changes to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), to direct the Department of Environmental Protection (DEP) to take certain actions concerning delineations of flood hazard areas and floodways in this State.

Currently, the "Flood Hazard Area Control Act" requires the DEP to study the nature and extent of the areas affected by flooding in the State and to "delineate as flood hazard areas such areas as, in the judgment of the department, the improper development and use of which would constitute a threat to the safety, health, and general welfare from flooding." The law further provides that the DEP, wherever practicable, is to make floodway delineations identical to the floodway delineations approved by the federal government for the National Flood Insurance Program (NFIP).

This bill directs the DEP to update its delineations of flood hazard areas as frequently as may be necessary to incorporate floodway delineations as provided by the bill, and at a minimum, at least once every 15 years. Further, upon adoption by the Federal Emergency Management Agency (FEMA) of a new floodway delineation, the bill directs the DEP to incorporate that federal floodway delineation into the department's flood hazard area delineation for that watercourse, provided the DEP determines that the federal floodway delineation is sufficient to carry and discharge the flood flow of the watercourse.

The bill also requires a person to apply for a permit, or any other type of approval or authorization, issued by the DEP pursuant to the "Flood Hazard Area Control Act," for a site based upon a floodway delineation approved by FEMA for the NFIP, provided that (1) the federal floodway delineation is more recent than the DEP's delineation for the same watercourse, and (2) the DEP determines that the federal floodway delineation is sufficient to carry and discharge the flood flow of the watercourse and is at least as protective of the public safety, health, and general welfare as the department's delineation.

The bill provides that a person shall, rather than may, apply for a permit, or any other type of approval or authorization, issued by the DEP pursuant to the "Flood Hazard Area Control Act," for a site based upon a floodway delineation approved by FEMA for the NFIP, provided that (1) the federal floodway delineation is more recent than the DEP's delineation for the same watercourse, and (2) the DEP determines that the federal floodway delineation is sufficient to carry and discharge the flood flow of the watercourse and is at least as protective of the public safety, health, and general welfare as the department's delineation.