Want to build a home in a flood-prone zone? NJ soon wants you to build it even higher

New Jersey environmental officials are proposing new coastal zone building regulations, including a section that would force new homes to be built five feet higher over previous elevation standards in flood-prone areas.

On Friday, state Environmental Commissioner Shawn LaTourette announced draft rules that would change how storm water and floods are managed throughout the Jersey Shore and along Delaware Bay.

The new rules, called the Resilient Environments And Landscapes (REAL) reforms, would add five feet on top of the Federal Emergency Management Agency's (FEMA) base flood elevations. The FEMA flood maps are frequently used in coastal communities as guidance for construction, due to their influence on flood insurance rates.

"The New Jersey-specific climate science tells us that we can expect an increase of sea level rise by two feet by the year 2050, and five (feet) by the year 2100," LaTourette said Friday during a virtual news conference. "Our approach is to ensure that we support communities and support our economies by building things that will stand the test of time and a changing climate."

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The 1,057-page REAL regulations would apply to new homes and critical buildings and infrastructure, as well as those being redeveloped or substantially improved. Roads and railroads are not included, except where elevation plans are included.

The REAL regulations include provisions for:

• Expanding New Jersey's flood hazard area by 1.5%. Currently, about 16% of the state is within a flood hazard zone.
• Moving into compliance with FEMA flood-prevention regulations.
• Closing loopholes around stormwater regulations in redevelopment areas.
• Supporting offshore wind and solar energy projects while maintaining natural habitats.
• Encouraging less expensive, more resilient nature-based flood and stormwater solutions.

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The REAL proposal "doesn't tell people all the things they can't do, in all the places they can't build. This is America and private property rights are a thing," LaTourette said. "But it does prompt those who are redeveloping or developing anew to comply with standards that will ensure the long term safety of our residents and communities."

The new proposed rules — unlike the existing regulations — take into account sea level rise predictions over the coming decades. Rutgers University experts say there is a 17% chance sea levels will rise more than 5 feet around New Jersey by the end of this century, in a moderate emissions scenario. The experts say there is a 50% chance that sea level will rise more than 3 feet over the next 75 years.

The current building and redevelopment standards based on FEMA flood maps look only at past sea levels and storm surge data, not future predictions.

"What are the regulations for building a house? You would think that they're built to today's flood risk," said Ed Potosnak, executive director of the New Jersey League of Conservation Voters. "The truth is, it's not. It's on historical flood data from yesterday."

He added: "I think the best thing to do is plan for the future we know is coming. And that's what these (REAL) rules do."

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George Kasimos, founder of Stop FEMA Now, an organization that pushes back on high flood insurance rate hikes, said he worried about the impacts of the proposed rules on homeowners. Hundreds, if not thousands, of Jersey Shore residents have yet to rebuild properties damaged in previous floods and storms, including Superstorm Sandy, he said.

"Obviously the home will be safer at that (higher) elevation, but the cost of that home is going to be significantly higher because of the new freeboard (or elevation over base flood level)," he said.

The proposed regulations are expected to be published in the New Jersey Register by July and be adopted a year later. Four webinars on the recommended rule changes will be held by the Department of Environmental Protection on May 20, May 22, May 23 and May 29. More information is available at dep.nj.gov/njreal/.

Amanda Oglesby is an Ocean County native who covers education and the environment. She has worked for the Press for more than 15 years. Reach her at @OglesbyAPP, aoglesby@gannettnj.com or 732-557-5701.