N.J. Admin. Code § 7:7-9.18
Current through Register Vol. 56, No. 19, October 7, 2024
Section 7:7-9.18 - Coastal high hazard areas(a) Coastal high hazard areas are flood prone areas subject to high velocity waters (V zones) as delineated on FEMA flood mapping, and areas within 25 feet of oceanfront shore protection structures, which are subject to wave run-up and overtopping. The coastal high hazard area extends from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The inland limit of the V zone is defined as the V zone boundary line as designated on FEMA flood mapping or the inland limit of the primary frontal dune, whichever is most landward.(b) Except as provided at (c), (d), (e), and (f) below, residential and commercial development is prohibited in coastal high hazard areas.(c) Residential development landward of the mean high water line in coastal high hazard areas is conditionally acceptable provided the development is: 1. A single-family home or duplex infill development that meets the standards of N.J.A.C. 7:7-15.2(e) or (f) and complies with Federal flood reduction standards at 44 CFR Part 60 and the UCC; or2. Located in Atlantic City or in a special urban area within the Hudson River Waterfront Area as described at N.J.A.C. 7:7-9.46(a) 2, complies with the special urban area rule and Hudson River Waterfront rules, N.J.A.C. 7:7-9.41 and 9.46, as applicable, the Federal flood reduction standards at 44 CFR Part 60, and the UCC.(d) Hotel and commercial development in Atlantic City or in a special urban area within the Hudson River Waterfront Area described at N.J.A.C. 7:7-9.46(a) are acceptable in coastal high hazard areas provided such development complies with the Atlantic City rule, N.J.A.C. 7:7-9.47 or special urban area and Hudson River Waterfront rules, N.J.A.C. 7:7-9.41 and 9.46, as applicable, the Federal flood reduction standards at 44 CFR Part 60, and the UCC.(e) Water dependent development and amusements are conditionally acceptable within coastal high hazard areas provided the development complies with the Federal flood reduction standards at 44 CFR Part 60 and the UCC.(f) Beach use related commercial development in coastal high hazard areas is conditionally acceptable within areas that are already densely developed, provided that: 1. The site is landward of the boardwalk;2. The height of the building does not exceed 15 feet measured from either the elevation of the existing ground or the boardwalk (depending on the specific site conditions) to the top of a flat roof or the mid-point of a sloped roof;3. The facility is open to the general public and supports beach/tourism related activities, that is, retail, amusement and food services. Lodging facilities are excluded; and4. The facility complies with all the requirements at 7:7-9.25, Flood hazard areas.(g) Any development determined to be acceptable at (c)2, (d), and (f) above shall comply with the requirements for impervious cover and vegetative cover that apply to the site under N.J.A.C. 7:7-13.(h) All permanent structures shall be set back a minimum of 25 feet from oceanfront shore protection structures, typically including bulkheads, revetments and seawalls and occasionally jetties and groins if constructed at inlets. This condition is applicable only to shore protection structures that are of sufficient height and strength to provide resistance to storm waves. This condition does not apply to development in Atlantic City in accordance with (c) and (d) above.(i) Rationale: V zones are areas subject to high velocity waters and are further defined as areas capable of supporting a three foot high breaking wave. These areas are designated on FEMA flood maps as zone V or VE. On many FEMA flood maps, oceanfront bulkheads, revetments or seawalls have been used to delineate the landward limit of the coastal high hazard area. However, wave run-up, which is the rush of water up a structure or beach that occurs on the breaking of a wave, and overtopping may also cause considerable damage behind bulkheads, revetments and seawalls inshore of the V zone limit. Both V zone and wave run-up zone are high hazard areas where structures are vulnerable to severe storm damage. Most developments allowed under this rule are those which comply with other State regulations (that is, the Uniform Construction Code (UCC) promulgated by the Department of Community Affairs) and Federal standards (that is, the flood reduction standards at 44 CFR Part 60). Beach use and tourism oriented developments and water dependent developments are not subject to the UCC or 44 CFR Part 60, but are subject to storm damage. However, they enhance the public use and enjoyment of the beach and ocean and accordingly are conditionally acceptable. Residential development (other than limited infill development) and commercial development in coastal high hazard areas is limited to the Hudson River Waterfront area and Atlantic City allowing reasonable development in already densely-developed areas while protecting people and property from the negative impacts of flooding and coastal storms.
The Uniform Construction Code and Federal flood reduction standards establish specifications for construction that reduce risk to people and property in the event of a flood. The Department has, therefore, determined that certain development in coastal high hazard areas that meets these standards is appropriate.
N.J. Admin. Code § 7:7-9.18
Renumbered from 7:7E-3.18 by 47 N.J.R. 1392(a), effective 7/6/2015Amended by 50 N.J.R. 361(a), effective 1/16/2018