Bill Text: NJ A3890 | 2012-2013 | Regular Session | Chaptered
Bill Title: Provides limited exemption from development regulations to allow certain structures to be raised as high as the highest applicable flood elevation standard.**
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2013-08-07 - Approved P.L.2013, c.107. [A3890 Detail]
Download: New_Jersey-2012-A3890-Chaptered.html
§1 -
C.58:16A-103
An Act concerning certain flood elevation standards and 2[local land use restrictions and supplementing Title 58 of the Revised Statutes] development regulations and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.)2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
2[1. a. Notwithstanding the provisions of any other law to the contrary, except as otherwise provided pursuant to subsection b. of this section, a person shall be exempt from any local land use restriction that otherwise would be violated as a result of raising an existing structure to 1[a new FEMA base flood elevation] the highest applicable flood elevation standard1 , provided, however, the exemption shall apply only to the 1minimum1 extent or degree necessary to allow the structure to meet 1[the new FEMA base flood elevation] the highest applicable flood elevation standard1 .
b. 1[The exemption established pursuant to subsection a. of this section shall not apply to:
(1) new construction; or
(2) a structure that is altered:
(a) after the new FEMA base flood elevation applicable thereto is made public; and
(b) in a manner that would increase, exacerbate, or contribute to the extent of noncompliance with the local land use restriction.]
(1) Except as otherwise provided in paragraph (2) of this subsection, the exemption established pursuant to subsection a. of this section shall not be available to a person who has altered a structure and, had the alteration not been made, the structure could have been raised to meet the highest applicable flood elevation standard either without the exemption or with an exemption of lesser degree than is needed with the alteration.
(2) The provisions of paragraph (1) of this subsection shall not apply to any alteration to a structure that was initiated before the new FEMA base flood elevation was publicly proposed by the Federal Emergency Management Agency or the applicable flood elevation standard was adopted by the Department of Environmental Protection, as the case may be.1
c. 1Nothing in this act shall be construed to exempt a person from any rule or regulation adopted by the Department of Environmental Protection.
d.1 As used in this 1[act, "new] section:
"Highest applicable flood elevation standard" means the new FEMA base flood elevation plus an additional two feet, or any applicable flood elevation standard required pursuant to N.J.A.C. 7:13-1.1 et seq. and adopted by the Department of Environmental Protection pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), whichever is higher.
"New1 FEMA base flood elevation" means any advisory base flood elevation or effective base flood elevation proposed or adopted after October 29, 2012, by the Federal Emergency Management Agency.]
1. a. As used in this section:
"Existing structure" means any structure that existed on October 28, 2012.
"Highest applicable flood elevation standard" means the new FEMA base flood elevation plus an additional three feet, or any applicable flood elevation standard required pursuant to N.J.A.C. 7:13-1.1 et seq. and adopted by the Department of Environmental Protection pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), whichever is higher.
"New and appropriate elevation" means any elevation to which a structure is raised, or is to be raised, that is equal to or higher than the applicable new FEMA base flood elevation, provided, however, in no case shall the new and appropriate elevation exceed the highest applicable flood elevation standard.
"New FEMA base flood elevation" means any base flood elevation proposed or adopted after October 28, 2012, by the Federal Emergency Management Agency.
"Original dimensions" means the exact vertical and horizontal dimensions of a structure as it existed on October 28, 2012.
"Sandy-damaged structure" means any structure that existed on October 28, 2012 and was damaged or destroyed by Hurricane Sandy.
b. (1) Notwithstanding the provisions of any other law to the contrary, except as otherwise provided pursuant to paragraph (2) of this subsection, a person shall be exempt from any development regulation, including any requirement to apply for a variance therefrom, that otherwise would be violated as a result of raising an existing structure to a new and appropriate elevation, or constructing a staircase or other attendant structure necessitated by such raising, provided, however, this exemption shall apply only to the minimum extent or degree necessary to allow the structure to meet the new and appropriate elevation with adequate means of ingress and egress.
(2) The exemption established pursuant to paragraph (1) of this subsection shall not be available to a person who has altered the original dimensions of a structure if, had the alteration not been made, the structure could have been raised to meet the new and appropriate elevation either without the exemption or with an exemption of lesser degree than is needed with the alteration.
c. (1) Notwithstanding the provisions of any other law to the contrary, except as otherwise provided pursuant to paragraph (2) of this subsection, a person shall be exempt from any development regulation, including any requirement to apply for a variance therefrom, that otherwise would be violated as a result of using a new and appropriate elevation when lawfully repairing or reconstructing a Sandy-damaged structure, or constructing a staircase or other attendant structure necessitated by use of the new and appropriate elevation, provided, however, this exemption shall apply only to the minimum extent or degree necessary to allow the Sandy-damaged structure to meet the new and appropriate elevation with adequate means of ingress and egress.
(2) The exemption established pursuant to paragraph (1) of this subsection shall not be available to a person whose repair or reconstruction plan would alter the original dimensions of a structure when, if not for the alteration, the structure could otherwise be raised to meet the new and appropriate elevation either without the exemption or with an exemption of lesser degree than is needed with the alteration.2
2. This act shall take effect immediately.
Provides limited exemption from development regulations to allow certain structures to be raised as high as the highest applicable flood elevation standard.
