Strathmere Residents Want Answers: NJ Flood Regs Tougher than FEMA’s

PETERSBURG – A contingent of about 40 Strathmere residents, several living on the back bay, attended the Sept. 11 Upper Township Committee meeting.
They had assembled to voice concerns and have questions answered about information that had been surfacing regarding new flood mapping and related requirements that affect insurance premiums.
“We are going to deviate a bit from our usual procedure by allowing public comment on this issue to occur now as well as Sept. 25 when we consider for final adoption Upper’s ordinance on the matter of flood damage control,” Mayor Richard Palombo said.
In addition to Township Solicitor Daniel Young, Dr. Stewart Farrell of Stockton University’s Coastal Research Center attended.
Explanations
Both gave explanations about the background and current status before opening the floor to residents’ misgivings and uncertainties.
“There have been a number of emails we’ve received about Realtor information going around that is frankly inaccurate and inconsistent as well as misleading about the flood damage control ordinance committee introduced, and that will be on the agenda for final approval and public hearing Sept. 25,” said Young.
After Sandy
“So, to clear up as well as we can, post-Sandy, FEMA (Federal Emergency Management Agency) started looking at its own mapping during 2015-2016 and placed more properties in high-risk flooding zones.
“For a couple of these zones, FEMA does not require but just recommends certain bulkhead elevations. However, in January 2017, the state itself changed the construction code so that if you build a property in certain designated zones, you must build to a certain bulkhead height.
“FEMA still does not require this more stringent elevated height for bulkheads in these particular zones. In effect, then, with the new state law, the process has been taken out of the hands of the municipalities.
New Construction
“Please remember, that these laws apply only to new construction. Existing property owners are, for the most part, protected by being ‘grandfathered in’ unless there are significant changes made.
“We have to take action Sept. 25 because everything has to be in place by Oct. 5 to have continued access to flood insurance,” continued Young.
Young further emphasized that if a property owner materially or substantially changes or repairs the bulkhead, then the new standards would come into play. 
Moreover, “when the state changed New Jersey standards, the FEMA appeal period had expired. So, we could say committee was essentially blindsided by the state’s action in January. This affects all the barrier islands including in Cape May and Atlantic counties; Ocean City and Sea Isle City are facing the same circumstances”, he said.
FEMA’s Dilemma
Farrell continued the explanation, “FEMA is loath to ‘spot zone’ meaning that if some properties have no bulkheads or inadequate bulkheads and other properties have 10-foot bulkheads which far and away exceed the standards recommended or required, they will zone the entire area at the lesser height which will affect flood insurance premiums.
“So, any requests via a ‘letter of map revision’ or LOMR request with a good scientific analysis to FEMA is better done as a community rather than individually,” he advised.
A Joint Effort?
Strathmere property owner and resident Gerry Bonsall asked, “What about getting a joint effort from residents to fight what’s going on? I’ve heard that Raritan in Passaic County, with no scientific evidence as you say, is required, was able to have the elevation requirements changed.”
Another Strathmere property owner asked what would the appeal process entail including preparing a LOMR and why didn’t committee inform residents so that there would be transparency about enacting these changes.
Accountability
“Shouldn’t all property owners be accountable for maintaining bulkheads at the approved height so that public safety is protected, and they take adequate responsibility as well? I’ve spent about $1,100 a foot to have the correct bulkhead elevation because it’s the right thing to do. While I am protecting my property, I am also helping to protect the town, but there doesn’t seem to be adequate enforcement by the municipality,” he said. 
Farrell replied, “A V-zone designation was appealed by Sea Isle City regarding one house inland from the beach. There was a bulkhead there, but after the 1962 storm, it was so buried in the sand no one even knew it was there.
Live With Mapping
“We need to live with the FEMA mapping, but there is room for appeal. A LOMR must come from an interested party, whether the municipality or a property owner, to modify a flood insurance rate map. I’ve only assisted with two, one in Brigantine and one in Lower Township for Delaware Bay homes. A “Scientific Review Panel” makes the determination on the appeal but I’ve heard that they almost never will go against FEMA,” Farrell continued.
Palombo joined in, “Committee relies on the solicitor and engineer for their input on this kind of technical issue. After the state changed everything, we didn’t fight it just like other shore towns because of the grandfathering of current properties, and we had to ask if we really wanted to fight on the subject of new construction.
“In April of this year, I asked our engineer for property owner input, but that didn’t happen. Nevertheless, at six different committee meetings from April of this year until now, we have been talking about this subject,” Palombo added.
Seeking Balance
“We are trying to find a balance and be fair to all property owners while still always trying to lower flood insurance premiums,” said Committee member John Coggins. “We also try to placate people and take care of our residents so that they don’t have to make a huge investment in improving the bulkheads,” he added.
“The township’s Economic Development Committee is looking at all grant options for flood control. For example, the Army Corps of Engineers is considering a 50-year program to improve inland waterways and the back bay with federal funds although no details are available yet,” said Coggins.
Sept. 25 Action
Young summed up, “Upper’s ordinance that will be up for final approval on Sept. 25 is akin to over time improving all bulkheads without forcing anyone to have a huge expense all at once.
“In this way, there is no hardship on existing property owners until significant improvement or new construction occurs,” Young continued.
“We are as equally concerned as you are with protecting property values, especially for buyers and sellers. We’ll be organizing a town meeting in Strathmere to continue providing as much information as possible and answering all questions,” Young concluded.
To contact Camille Sailer, email csailer@cmcherald.com.