New Jersey Proposes New Flood Construction Regulations

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Construction site showcasing flood safety measures

News Summary

New Jersey environmental regulators have introduced construction regulations aimed at minimizing flood risks in vulnerable areas, especially along the Jersey Shore. The proposed changes include lowering the minimum height requirement for new constructions to 4 feet above FEMA’s Base Flood Elevation. This adjustment reflects updated climate data and aims to ensure safer and more affordable homes in coastal communities as sea levels rise. Critics raise concerns about expanded flood zones and potential construction costs. The new regulations will undergo public comment and evaluation every five years to adapt to changing climate conditions.

New Jersey Proposes New Flood Construction Regulations

On July 14, 2025, New Jersey environmental regulators announced new construction rules aimed at mitigating flooding in vulnerable regions, including the Jersey Shore. The proposed regulations suggest lowering the minimum height requirement for new construction to 4 feet above FEMA’s Base Flood Elevation, a reduction from the previously proposed elevation of 5 feet.

Impact on Communities

This proposed change reflects a shift in emphasis on updated climate projections and is expected to significantly influence the affordability and safety of homes in coastal communities. Under the new rules, if FEMA determines a property’s Base Flood Elevation to be 3 feet above ground level, the new construction requirements will mandate that these homes be built at least 7 feet above ground level.

New Jersey’s updated building standards account for projected increases in global temperatures, precipitation levels, and sea-level rise, exhibiting a forward-thinking approach compared to FEMA’s guidelines, which are predominantly based on historical flood data. Experts indicate there might be a sea-level rise of around 4.4 feet by the end of this century, marking a decrease from the prior estimate of 5.1 feet. Furthermore, global temperature increases have been revised to 2.7 degrees Celsius from earlier projections of 3.3 degrees.

Rising Concerns

Critics of the proposed rules argue that they might extend flood zones into neighborhoods previously deemed safe. To address potential safety issues during floods, the regulations have incorporated a degree of flexibility for builders. This flexibility allows for maintaining “dry access” during flooding events, ensuring evacuation and emergency response can be effectively conducted.

One controversial aspect of the proposal is the inclusion of a “hardship exception” for low- and moderate-income housing projects. While this provision aims to alleviate some construction challenges, it raises concerns about the safety of residents in vulnerable areas. There is a stipulation that, for affordable housing in flood zones, safety plans must be deemed satisfactory in order to qualify for this exception.

Both builders and critics have voiced their apprehensions regarding affordability within the housing market. Even a modest one-foot decrease in the height requirement may still pose significant hurdles to construction, potentially aggravating New Jersey’s housing market challenges.

Business Impact

The proposed regulations have faced pushback from the New Jersey Business & Industry Association, which contends that these changes could severely affect housing affordability in coastal and riverfront communities. Similarly, the New Jersey Builders Association has called for a comprehensive evaluation of how these potential changes may impact planning, affordability, and overall economic conditions.

A new public comment period lasting 60 days will commence following the proposal’s publication in the New Jersey Register on July 21, 2025. During this time, a public hearing has been scheduled for September, allowing community members a chance to voice their opinions and concerns.

Future Evaluations and Measures

It is important to note that these regulations will not apply retroactively to existing buildings in flood-prone areas that already experience occasional flooding. To ensure that the flood rules remain relevant and effective, future evaluations will take place every five years.

To adequately tackle flooding issues, it is clear that additional measures beyond mere elevation adjustments will be required. Initiatives aimed at improving stormwater drainage systems, collaborating on flood prevention projects, and considering measures such as dune replenishment, land buyouts in susceptible areas, and various infrastructure upgrades are currently being reviewed to combat the looming challenges related to flooding.

As New Jersey navigates the complexities of flood regulations and climate change impacts, community stakeholders can expect ongoing discussion and evaluation of the proposed construction rules, ensuring that the state remains proactive in protecting its residents from the hazards posed by rising waters.

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Article Sponsored by:

CMiC Global

CMIC Global Logo

Since 1974, CMiC has been a global leader in enterprise software for the construction industry. Headquartered in Toronto, Canada, CMiC delivers a fully integrated platform that streamlines project management, financials, and field operations.

With a focus on innovation and customer success, CMiC empowers construction firms to enhance efficiency, improve collaboration, and make data-driven decisions. Trusted by industry leaders worldwide, CMiC continues to shape the future of construction technology.

Read More About CMiC: 

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