Rebuilding, Owners Have New Maps, One Set of NJ Building Regs

TRENTON – As homeowners, whose dwellings were ravaged by Hurricane Sandy prepare to rebuild, they will think: higher and drier.
While higher will likely make their task more costly, savings should follow in the form of lower flood insurance premiums.
The new rules might seem a paradox from George Orwell’s “1984” “higher (elevation) is lower (premium), lower (elevation) is higher (premium),” at least when flood insurance premiums come due.
With the stroke of Gov. Chris Christie’s pen Jan. 24, affected homeowners will not have to be concerned that, if they rebuild now, they might face myriad individual municipal regulations later. His action makes rebuilding standard throughout the Garden State.
Intertwined with the headaches associated with reconstructing homes and businesses is the concern of how high those structures must be to conform to construction standards and flood standards. Federal Emergency Management Agency (FEMA) had issued in December updated Advisory Base Flood Elevation (ABFEs) maps.
For data on ABFEs, visit: http://www.region2coastal.com/sandy/abfe.
Revamped for the first time in 20 years, those maps are not uniform, nor were they all inclusive. Western bayfront areas of Cape May County are not yet included on those maps.
Each town has various designations about heights, above which construction must take place. That’s why it is important for owners to seek out their specific information from those maps. In general, the recommendation is to plan to have the first floor one foot above those base flood elevations.
On Jan. 24, Gov. Chris Christie removed part of the angst of rebuilding. On that date, the chief executive signed emergency regulations to adopt the Federal Emergency Management Agency’s (FEMA) updated Advisory Base Flood Elevation (ABFEs) maps as the rebuilding standard for the entire state.
“These regulations establish requirements and more efficient procedures for residents and businesses to construct, reconstruct, relocate and elevate buildings and other structures in flood hazard areas,” according to a release from the Governor’s Office.
“By acting today to use the latest available information and data from FEMA to set rebuilding standards for New Jersey, Gov. Christie is helping homeowners and small businesses rebuild properties that are less at-risk, while also helping them avoid potentially massive, out-of-control flood insurance costs over the long-run,” the release continued.
Owners and officials from Cape May northward for 127 miles along the Atlantic Coast are reviewing those advisory base flood elevation maps. Those maps show how high buildings should be elevated to minimize damage from future flooding.
While going up, farther from flood risks means more costly work, federal resources may be available to help with the added expense.
According to a FEMA release, “Flood insurance policyholders in high-risk areas, also known as special flood hazard areas, can get up to $30,000 to help pay the costs of meeting the requirements of their community’s floodplain ordinance. The National Flood Insurance Program includes Increased Cost of Compliance coverage for all new and renewed standard flood insurance policies.
“The money can be used to raise your home to, or above, the flood elevation level adopted by your local government or to move your home out of harm’s way. The Increased Cost of Compliance coverage can also be used to tear down and remove flood-damaged buildings.
“Increased Cost of Compliance claims are paid only on flood-damaged homes in a high-risk area that don’t already comply with the local flood plain ordinances. The amount of flood damage has to be declared by local authorities as substantial. The coverage can only be used to pay for costs of meeting the floodplain management ordinance in your community.
“For information on ICC coverage, call your insurance company or agent, or call the NFIP toll-free at 800-427-4661 or TTY 800-427-5593. Information can also be found online at http://www.fema.gov/national-flood-insurance-program.”
“While each property and rebuilding situation is unique, an example provided by FEMA illustrates the dramatic impact new standards can have on flood insurance rates, in addition to the issues of increasing the risk to the safety of the property and its inhabitants. If a property owner is currently in an “A zone” at four feet below the BFE elevation and are reclassified as a higher threat “V zone” and take no action, that property will be rated at a higher risk and be subject to an approximate annual premium (phased in) of up to $31,000. In addition to the threat posed by being four feet below the BFE in elevation, the property owner will be non-compliant with V zone construction standards,” the governor’s release stated.
“In contrast, if the owner were to rebuild to the suggested BFE and appropriate construction standards, the annual premium (phased in) would be approximately $7,000. If the resident rebuilds two feet above the BFE with the construction standards for their new zone, the annual premium would be approximately $3,500. A savings of up to $27,500 annually,” the release continued.
“It is absolutely critical that we take this opportunity to rebuild New Jersey smarter and stronger in the aftermath of Sandy. That’s why today I am approving emergency regulations being proposed by the Department of Environmental Protection (DEP) to help fast-track the rebuilding process,” said Governor Christie. “By doing so, we’re helping residents and businesses who have endured so much, to get back on their feet while at the same time ensuring that rebuilding occurs as quickly as possible, without costly red tape slowing this process down for our families and small businesses. As New Jersey recovers from Sandy, utilizing the best available data provided in these FEMA maps will give our communities the ability to rebuild with the least possible risk from future storms moving forward.”
With over 8.4 million residents in its 8,721 square mile area and approximately 3.8 million residents in flood hazard areas, without swift and immediate action, the state is presented with a risk of continued severe impacts during the next flood event.
The DEP is adopting an emergency rule with common-sense provisions for rebuilding stronger structures, more quickly:
* Adopts the height and construction requirements in FEMA’s Advisory Base Flood Elevation (ABFE) maps as a state standard for reconstruction. The ABFEs reflect the best available, most current scientific data about 100-year floods.
* Allows property owners who rebuild to the ABFEs (plus one additional foot, as has been required by the New Jersey Flood Hazard Area Control Act since 2007) to do so via Permit By Rule (PBR). This eliminates the need for thousands of property owners to apply for DEP’s Flood Hazard Area permits, saving them at least $500 in permit fees plus the design and engineering costs associated with an application, and allowing them to begin reconstruction without waiting for department review as part of the rebuilding process.
* Allows “wet flood proofing” for non-residential buildings. Wet flood proofing means that a building may flood but will structurally withstand the water, and enables reconstruction in urban areas in a safe and less costly manner than requiring elevations or dry flood proofing. This is especially important in highly developed areas like Hoboken or Jersey City. Without this change, residents and small businesses would have to comply with the existing rules, which could significantly drive up costs and make some redevelopment impossible.
* Eliminates requirements that now allow certain building foundations to have only three walls –a potentially unsafe construction method.
By adopting the ABFEs as the state standard immediately, the state will ensure that coastal communities are reconstructed using the best elevation guidance that is available, preventing the level of damage experienced in Sandy. The emergency rules also bolster DEP construction requirements to make structures more storm-resilient, to prevent the level of destruction caused by Sandy.
“Unfortunately many of the structures that were hardest hit by Sandy were built decades ago, prior to the establishment of much more protective state and federal building elevation requirements,” stated DEP Commissioner Bob Martin. “If homes had been built to these standards prior to Sandy, it is fair to say that property damage would have been significantly less. It is critical that we have the statewide elevation standard and a permit by rule process in place before large numbers of permit applications for rebuilding start coming in and reconstruction of our state begins in full force.”
In many cases, FEMA flood maps for coastal areas of New Jersey were more than two decades old and did not reflect real hazards. FEMA was in the process of updating the flood insurance maps, upon which the ABFEs are based, when Sandy struck. The agency released the ABFEs Dec. 15, 2012 for some 200 communities affected by tidal waters.
The maps use modern technology, modeling and updated topographical maps to better define storm risks. They are designed to help state and local governments employ mitigation actions that ensure structures are rebuilt stronger, safer, and less vulnerable to future flooding events.
Adoption of the emergency Flood Hazard Area Act rule using the ABFEs as the base elevation standard will ensure that every development in every municipality will apply the appropriate elevation standards across the board.
Otherwise municipalities might adopt a patchwork of local standards that might be implemented while FEMA works to finalize the flood maps based on the new ABFEs. This process could take many months and cause significant delays as New Jersey recovers from its worst-ever natural disaster.
The rule will become effective immediately upon filing with the Office of Administrative Law.