Governor Jon S. Corzine

GOVERNOR CORZINE ANNOUNCES NEW FLOOD CONTROL RULES

TRENTON - Governor Jon S. Corzine today announced significant changes to the rules of the Flood Hazard Area Control Act, as recommended by New Jersey’s Flood Mitigation Task Force report. He also announced that the state will pay the local communities’ share of FEMA’s costs associated with the July 2006 floods.
“We won’t ever stop floods from happening but we can mitigate their impact,� Governor Corzine said. “By implementing a number of new regulations, preventing development in flood-prone areas and improving drainage all along the Delaware Valley, we’re taking steps that provide both immediate and long-term impact.�

The new rules will clarify and reorganize New Jersey’s regulations to limit new development in flood plains. Current buffer zones of 25 to 50 feet will increase to 50, 150 or 300 feet depending on the category of the waterway. To provide additional buffer protection the administration will support the inclusion of funding within the Garden State Preservation Trust (GSPT) for the purchase of low-lying properties, known as Blue Acres, which are prone to flooding.

“We believe these are substantive recommendations for averting destruction of property and for protecting lives in communities repeatedly ravaged by flooding,� said Department of Environmental Protection (DEP) Commissioner Lisa P. Jackson. “The regulations being proposed today are among the nation's strongest for providing stream-corridor protections and for imposing limitations on development in a flood plain.�

Environmentally responsible stream cleanings and the relocation and reconstruction of damaged buildings will be streamlined through increased access to general permits. Additionally, new permits-by-rule will give property owners authorization to undertake specific regulated activities without the need to obtain prior written approval from the DEP. This will streamline activities as complicated as using machinery to remove major obstructions from waterways or elevating buildings above flood hazard areas, as well as activities as simple as building a fence or a patio.

Adding fill, which includes construction material, buildings and roads, to a flood plain can make a river more prone to flooding. Current development rules require that if any fill is added to a flood plain, an 80% equivalent of that fill must also be removed from the same plain.

New rules will increase the requirement to 100% resulting in what is called 0% net fill.
Additionally, New Jersey is working with FEMA to modernize and digitize flood plain maps. This will result in more accurate maps that can be easily updated and used to more reliably predict future flooding.

Finally, steps are being taken to address several immediate local problem spots. The Department of Transportation (DOT) will evaluate possible drainage improvements along the Route 29 corridor. The DEP and the Natural Resource Conservation Service are currently exploring preventative measures to keep Swan Creek from backing up into Lambertville. The New Jersey Water Supply Authority has also hired an engineering firm to address breach concerns in the Stockton Canal, and is also clearing debris to improve drainage and make repairs all along the Delaware Canal.