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January 20, 2023 Property and Casualty News
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Stronger rules needed for NJ river flooding

Press of Atlantic City (NJ)

Almost routine minor flooding and rare devastating storms are a way of life at the Jersey Shore, and have required many substantial changes to buildings and development to keep people safe and protect property. Area residents have enough flood hazards of their own to handle, and understandably care much less about the state's little rivers elsewhere.

Only the shore gets hit by hurricanes such as Superstorm Sandy, that can pound New Jersey with the oceanic power of water and wind, killing some and causing tens of billions of dollars in damage. Flood risk along those rivers, however, also is growing and the more frequent damage claims there are responsible for an outsized share of flood costs.

FEMA says historically, just 1% of properties repeatedly file claims with its National Flood Insurance Program. But they account for 25% to 30% of flood claims. Repeatedly flooded properties have cost the NFIP more than $12.5 billion, equal to about half of the debt the program has built up.

The Murphy administration is addressing inland flooding, updating state Flood Hazard Area and Stormwater Management Rules to better protect people and property. As is the case with flood risk everywhere, relentless development has put more buildings and residents at risk.

The urgency for regulations based on current flood maps and rainfall data was obvious in September 2021 after the inland remnants of Hurricane Ida brought heavy rainfall to the Northeast, leaving 30 dead in New Jersey and much damage. On Tuesday, the federal government approved $228 million in disaster aid to help New Jersey households and communities recover from the Ida deluge.

The inland flood rules were last adjusted in 1999, but that still left reliance on some 20- to 100-year-old flood and weather data. The update would require using current rainfall information in designing stormwater management systems; designing stormwater systems to handle the larger storms expected by 2100; and keeping new development out of current floodplains of rivers.

Environmental and community activists are urging the administration to apply flood rules to transportation as well (noting most Ida deaths were from flooded cars); extending development restriction to the larger 500 year flood zone; increasing Blue Acres funding to buy repeatedly flooded houses; and declaring a moratorium on development applications until the update is in effect.

Businesses have suggestions too.

The New Jersey Business & Industry Association said it generally supports the Department of Environmental Protection effort, but the new regulations shouldn't be applied to projects that are already underway. Businesses that have invested in plans and gotten approvals should be grandfathered; making them start over with permitting, design and financing would be unfair, NJBIA said.

Residents can comment online on the rule changes until Feb. 3 at dep.nj.gov/inland-flood-protection-rule/. The inland flood revisions are expected to become final in the spring.

Holding off on new applications until then is a good idea. So is letting approved development in the works continue under existing rules.

Gov. Phil Murphy and his administration wisely tackled the inland threats and damage of flooding first. Some blame them for not getting it done sooner, but we'll give them credit for getting it done, period. They'll need the experience for the far harder modernizing of coastal flood regulation that comes next.

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