"Flood Zone Clarification Act"; modifies procedure for delineation of State flood hazard areas.

2026-2027 Regular Session Introduced by Mike Inganamort and 5 co-sponsors

The bill requires flood hazard areas to be delineated at no more than one foot above FEMA’s 100-year elevation, tightening protections and guiding development permits accordingly.

Introduced, Referred to Assembly Environment and Solid Waste Committee

Purpose and intent

The bill seeks to reform how New Jersey delineates flood hazard areas (FHAs) and to place new limits on the Department of Environmental Protection’s (DEP) rulemaking related to flood risk.

It responds to and restricts the DEP’s proposed NJPACT rules, delaying or requiring legislative authorization before such rules can be adopted.

Key provisions

Delineation of flood hazard areas

The bill amends existing law (P.L.1962, c.19) to require the DEP to delineate FHAs with tighter, more standardized protections.

Within three months of the bill’s effective date, the DEP must set the State’s FHA delineations for each watercourse at not more than one foot above the FEMA 100-year flood elevation for that watercourse.

After each subsequent FEMA floodplain delineation for a watercourse, the DEP must adjust the State FHA delineation to be not more than one foot above the FEMA 100-year elevation.

The DEP’s delineations must, wherever practicable, be as protective as FEMA NFIP floodplain delineations, but the bill prioritizes a uniform standard of one foot above FEMA’s 100-year level.

The bill requires a process to reduce delineated FHAs if conditions change to increase a stream’s flood-carrying capacity.

Beginning four months after the bill’s effective date, permits or other approvals for development under the Flood Hazard Area Control Act would be based on the FHA delineation set at one foot above FEMA’s 100-year flood elevation.

Limitation on DEP rulemaking (NJPACT Rules)

The DEP cannot implement or adopt, before June 1, 2038, the NJPACT rules published August 5, 2024, or any substantially similar provisions, unless the Legislature passes a concurrent resolution authorizing adoption.

The Legislature may authorize adoption of NJPACT-like rules prior to June 1, 2038, by concurrent resolution that specifies only one proposed rule to be voted on.

If a constitutional constraint blocks the authorizations, the DEP may promulgate NJPACT rules after June 1, 2038.

The DEP may still submit proposed NJPACT rules to the Legislature for authorization, but such rules may only be adopted with a concurrent resolution.

Procedural requirements

The DEP must submit a copy of any concurrent resolution with its rule proposal or adoption filing to the Office of Administrative Law.

The bill emphasizes legislative oversight for flood-hazard delineation rules.

Potential impacts

Coastal and floodplain development: A uniform FHA delineation standard (one foot above FEMA’s 100-year elevation) could stricter limit development in some areas, potentially affecting permitting and projects near flood zones.

DEP rulemaking: Legislated delay and conditional authorization for NJPACT rules slows or blocks NJPACT rule implementation unless Congress approves via concurrent resolutions.

Public safety and planning: The bill aims to provide clearer, more predictable setback standards tied to FEMA’s 100-year data, potentially improving consistency across jurisdictions.

Note: The bill targets only delineation methodology and the NJPACT rule process; it does not itself dramatically alter FEMA’s flood insurance program, but it aligns state practice with a fixed protective margin.

Bill