Over the past year, a battle between the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey legislature has delayed the adoption of changes to the regulations governing flood hazard areas in New Jersey. Despite efforts by the NJDEP to appease legislative critics and environmental advocates, the legislature is on the brink of invalidating these regulations and sending the NJDEP back to the drafting room.
Since 2011, NJDEP has sought to amend the complex and occasionally conflicting Flood Hazard Areas Control Act (FHA) rules, N.J.A.C. 7:13-1.1, et seq.; Coastal Zone Management (CZM) rules, N.J.A.C. 7:7E-1.1, et seq.; and Stormwater Management (SWM) rules, N.J.A.C. 7:8-1.1, et seq., in order to create a uniform policy approach to regulating flood hazard areas and the preservation of vegetation within riparian zones. These programs are designed to minimize property damage and environmental degradation by regulating development and other disturbances in flood hazard areas.
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