New Jersey Statewide Rule

New Jersey Flood Hazard Area Control Act Statewide Rules

Heavy RestrictionsApplies statewide across New Jersey (2026)

Key Facts

Statute: N.J.S.A. 58:16A-50
Code: N.J.A.C. 7:13
Max daily fine: $25,000
Federal tie-in: NFIP

Last verified: September 5, 2026Source: Justia Law

Summary

The New Jersey Flood Hazard Area Control Act sets uniform state floodplain and riparian buffer rules that apply statewide, with the DEP retaining permitting authority that municipalities cannot weaken.

58:16A-55. Land in designated floodway; rules, regulations and orders concerning development and use; waiver (a) The department is authorized to adopt, amend and repeal rules and regulations and to issue orders concerning the development and use of land in any delineated floodway which shall be designed to preserve its flood carrying capacity and to minimize the threat to the public safety, health and general welfare. Such rules and regulations or orders may require the approval of the department for specified changes in the use of land within any such floodway. (b) Provision shall be made by the department for the waiver, according to definite criteria, of strict compliance with the rules and regulations, where necessary to alleviate hardship.

Source: Justia LawView official code

Full Breakdown

Under N.J.S.A. 58:16A-50 et seq. and the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13, the Department of Environmental Protection regulates construction and disturbance within state-mapped flood hazard areas and riparian zones. The 2023 Inland Flood Protection Rule expanded these areas using climate-informed precipitation data. Every municipality must adopt a flood damage prevention ordinance meeting NFIP and state freeboard standards. Local rules may be stricter but cannot allow construction that fails state elevation, encroachment, or buffer requirements.

Violations & Penalties

DEP penalties can reach $25,000 per day, plus required removal of unlawful structures and loss of NFIP flood insurance eligibility.

Frequently Asked Questions

Do NJ flood rules apply outside FEMA mapped zones?

Yes. NJ DEP maps state flood hazard areas and riparian zones that often extend beyond FEMA maps, especially after the 2023 Inland Flood Protection Rule.

How high must I elevate a NJ home in a flood zone?

State rules generally require the lowest floor at least one foot above the design flood elevation, and many municipalities require additional freeboard.

Sources

N.J.S.A. 58:16A-50 Flood Hazard Area Control Act

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.