Wagner and Eustace Bill to Require DEP to Update Flood Maps

With the preliminary FEMA Work Map set to be released by the end of the month and their preliminary regulatory map to be released in September, Assemblywoman Connie Wagner and Assemblyman Tim Eustace introduced legislation calling upon the Department of Environmental Protection (DEP) to update their flood maps, as well.

The legislation (A-3262) would require the DEP to quickly evaluate any newly released FEMA floodway delineations in order to allow permit applicants to apply for a permit using the federal floodway delineation when it is at least as protective as the DEP's delineation.

"Over the years, many flood maps have become outdated due to urban growth, changes in river flows and coastlines, and even flood mitigation efforts," said Wagner. "A home or business that may have once been located in a flood zone might not now, and vice versa. In the interest of public safety and economic progress, it's important that we make sure these flood designations are kept current."

The bill would amend the state "Flood Hazard Area Control Act" to direct DEP to update its delineations of flood hazard areas as frequently as necessary and at a minimum of at least once every 15 years, as well as whenever FEMA adopts a new floodway delineation.

"Accurate and up-to-date delineations of floodways and flood hazard areas are essential to inform state and local officials and property owners of changing flood risks," said Eustace. "Bergen and Passaic counties are no strangers to the hazards of flooding. But the ever changing landscape of our state requires that we stay on top of these patterns so residents and business owners avoid flood traps."

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 flood hazard areas as areas where improper development and usage would constitute a threat to the safety, health, and general welfare from flooding.

As it stands now, if a town has an existing DEP map, which New Milford does, then the FEMA map cannot be used, or relied upon, in determining flood elevations. The FEMA map is primarily intended for use by the National Flood Insurance Program only.

Under the DEP's current rules and regulations, if there is a DEP delineation of a particular flood hazard area and floodway, a permit applicant is required to use the DEP's delineation even if there is a more recent FEMA delineation.

Under Wagner and Eustace's bill, a person would be required to apply for a permit, or any other type of approval or authorization, for a site based upon a floodway delineation, "if (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 now awaits final legislative approval by the full Senate.