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Flood Elevation FAQs

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Read Mayor Gillian's Letter regarding FEMA / ADVISORY BASE FLOOD ELEVATION MAPS

In order to better protect lives and property following Superstorm Sandy and other major recent flooding events, the state has adopted emergency amendments to New Jersey’s Flood Hazard Area Control Act rules that set minimum elevation standards for the reconstruction of houses and buildings in areas that are in danger of flooding. The following FAQs answer some of the most common questions and will help you determine if you need to elevate and get you started if you need to do so. If your property was not substantially damaged, you do not need to take any action now.  

The rule applies to new construction and those property owners whose properties were substantially damaged or are starting new construction. A structure is considered substantially damaged if the cost of restoration equals or exceeds 50 percent of the market value of the structure prior to the damage. Recent congressional action resulted in significant changes to National Flood Insurance Program rates. Flood insurance costs, which are outside the control of the state, are likely to be much lower for those who elevate using the state’s elevation standards. 

You may be interested in the New Jersey Flood Elevation grant program (e-FORM)

Flood Elevation FAQs

NEW If I have to rebuild, when should I get started and what should I do?

 

You can begin immediately. The emergency rule provides people who must rebuild and elevate a high level of confidence that they will be in compliance with the flood elevation standards that FEMA will be adopting. There is no need to wait for FEMA to formally propose flood insurance rate maps. You can get started by talking to your municipal floodplain administrator to see if your house is substantially damaged. You should also contact your municipality to see what kind of local approval you may need and what construction standards you have to build to. In addition to the DEP’s elevation standards, buildings in flood zones must meet Uniform Construction Code standards that are regulated by the New Jersey Department of Community Affairs (DCA) and implemented at the local level.

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
NEW Am I eligible for Increased Cost of Compliance funding if I take up to four years to elevate my house?

 

Yes, provided you were insured under the National Flood Insurance Program and you elevate in accordance with applicable standards and FEMA regulations.

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
NEW Can I get Increased Cost of Compliance assistance to elevate my home even if it was not determined to

 

This FEMA assistance is only available to those who had National Flood Insurance Program protection for structures that have sustained substantial damage and were below the current base flood elevations. It is available to anyone with flood insurance, regardless of whether the house is a primary place of residence or not. The state is exploring other options to assist property owners who want to elevate but did not meet the threshold for a determination of substantial damage.

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Useful Resources and Links

 

Click here for a more detailed version of the FAQs and additional information on working with the DEP to recover from Sandy or visit http://www.nj.gov/dep/landuse/SandyFAQ.html.

 
 
General ABFE Information
ABFE Factsheet
Provides a general overview of the ABFE information.


Hurricane Sandy ABFE Homepage
Provides an overview of ABFEs and access to ABFE information through online maps and the 'What is My ABFE?' address lookup tool.


ABFE Information for New Jersey and New York: Glossary of Map Layers and Key Terms
Document featuring descriptions of the data layers shown on FEMA's ABFE maps.


ABFE FAQ Webpage
Answers are provided for other frequently asked questions about ABFEs.


'Your Role in NJ/NY Coastal Flood Map Revisions' Training Videos
This 2-part video training session provides information about the release of the ABFEs, the coastal flood study underway for New York and New Jersey, and more. Session A includes information about ABFEs in addition to the coastal flood study underway. Session B covers Risk MAP products, the public role in the map revision process and timelines.
 
Flood Insurance - Rebuilding Considerations This fact sheet provides information on how rebuilding using ABFE maps will provide long-term cost savings to property owners.

Increased Cost of Compliance (ICC) Webpage
FEMA’s webpage devoted to information on ICC coverage available to flood insurance policy holders. Topics covered include how much coverage is available, what is covered and when and how to file an ICC claim.


FloodSmart.gov
The official website of the National Flood Insurance Program (NFIP) contains a wealth of helpful information about flood insurance, including tools to help you determine policy coverage, estimate rates and find an agent in your area.


Changes in the Flood Insurance Program: Preliminary Considerations for Rebuilding

Document provides answers to questions regarding recent changes to the NFIP as a result of the Biggert-Waters 2012 legislation passed by Congress and how those changes to the Program may affect you.

If Your Home or Business has been Flooded: Build Back Safer and Stronger: What You Need to Know
Brochure provides information regarding the recent changes to the NFIP as a result of the Biggert-Waters 2012 legislation, how to reduce risk and premiums, and how to manage future flood risk.

 
Other Resources

DisasterAssistance.gov
The Federal government's clearinghouse for disaster assistance information for individuals.

What’s the difference between FEMA’s Zone A and Zone V? Can I appeal a V-Zone designation?

Both zones lie within FEMA’s 100-year floodplain. Zone V applies only in tidal floodplains and denotes hazards associated with storm-induced waves of at least three feet in height. Construction standards in the V-zone are more stringent in order to account for the increased risk of damage from storm surges. While there is no appeal process for the ABFEs, you may appeal to FEMA after the agency formally proposes flood maps later this year.

 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
What should I know before rebuilding?

It is very important that you carefully document any repair or reconstruction project to ensure you have a record of all activities from inception to completion. Photographs and other forms of documentation should be kept before, during, and after construction.  Retain all receipts, bills, surveys and construction plans. These items will help document the history of your project should you need to do so for FEMA assistance or insurance reimbursement.

 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Will I need a state permit to reconstruct or elevate my building?

The DEP regulates building elevations through its Flood Hazard Area Control Act rules. Under the emergency Flood Hazard Area Control Act rule just adopted, you are eligible for what is known as a permit by rule (effectively an automatic permit) as long as the lowest floor is elevated to at least one foot above the state’s design flood elevation and provided the building stays within its original footprint. Slight variations in size and location can sometimes be allowed. You will still need to secure local construction permits. A state Coastal Area Facility Review Act (CAFRA) permit is not needed if you reconstruct in place.

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
If I have to rebuild, how do I get started?

You should talk to your municipal floodplain administrator to see if your house is substantially damaged. You should also contact your municipality to see what kind of local approval you may need and what construction standards you have to build to. In addition to the DEP’s elevation standards, buildings in flood zones must meet Uniform Construction Code standards that are regulated by the New Jersey Department of Community Affairs (DCA) and implemented at the local level. 

 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Do I have to elevate my house and/or build to new construction standards if my municipality does not pass an ordinance adopting the ABFEs?

Yes, if your municipality declares your house substantially damaged and it is located in a flood hazard area, you are required to elevate and/or build to new construction standards. The DEP is encouraging municipalities to pass an ordinance adopting the ABFEs because this will make your town eligible for Increased Cost of Compliance assistance and other federal mitigation aid. The DEP will be providing municipal officials with a model ordinance so they can adopt the ABFEs as the new elevation standard. 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
If my home is determined to be substantially damaged, can I still live in it until I elevate?

FEMA allows homeowners to live in structures that are deemed substantially damaged for up to four years if they take temporary measures to make homes habitable pending elevation. The determination of habitability must be made by the local construction official. 

 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Are there benefits to elevating?

Yes. You will better protect your house and its contents and you will likely pay lower flood insurance rates in the future than if you do not elevate. Some people may find that the long-term insurance savings alone can offset the cost of raising a house.

 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Will the emergency regulation affect my flood insurance rates?

The ABFEs do not affect insurance rates. Your rates could increase when FEMA adopts its final flood maps. If you do not meet its elevation standards, which are likely to be close to the ABFES, your rates could increase even more significantly. 

 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
If I have to elevate my house, will the state or federal governments help finance the work?

Yes. FEMA can provide up to $30,000 to cover the Increased Cost of Compliance (ICC) with federal, state and local regulations if you have federal flood insurance. In addition, the Christie Administration intends to provide grants to homeowners with substantially damaged homes to help them offset some of the costs of elevation, mitigation and renovation, and intends to announce in the spring the mechanism for such grants. In order to access any additional funding, FEMA requires property owners reconstruct using the best available data.   

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
What is the definition of substantial damage?

Substantial damage means damage of any origin sustained by a structure in which the cost of restoration of the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred.  

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Do I have to elevate my home and/or build to new construction standards?

You are required to elevate and/or meet new construction standards if your house is located in a flood zone and was declared substantially damaged by your local floodplain administrator or is new construction. You have no legal obligation to elevate if your home was not substantially damaged. 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

If the ABFEs are only advisory, why is the state incorporating the use of these maps now as the basis for elevation standards?

In many cases, existing FEMA flood maps were significantly outdated. Many were more than two decades old. The ABFE maps, which are the precursor to final flood maps, will better protect property and lives and provide consistency and predictability during rebuilding. They will make coastal areas stronger and more resilient. Consistency and predictability will allow rebuilding to occur much more quickly so lives affected by Sandy can return to normal. Without this action, residents may have reconstructed with inadequate safety standards, exposing them to substantially higher flood insurance rates when FEMA adopts its final maps.

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
Will the ABFEs change?

FEMA anticipates some changes to these maps for both elevations and zones. The ABFEs currently reflect the most accurate modeling, topographic maps and scientific data available. FEMA plans to release updated flood maps over the next six to seven months, which will further fine-tune coastal flood elevations. The regulatory process to finalize the maps could take up to two years. DEP will continue to work with FEMA to provide input on these maps.  

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
What are ABFEs?

FEMA had been remapping the floodplain along New Jersey’s coastline for two years when Sandy hit. FEMA’s previous maps were outdated and did not always accurately show the potential for flooding. In order to support and guide New Jersey’s recovery efforts, FEMA released its new mapping in December on an advisory basis. The ABFEs use the most accurate modeling, topographic maps and scientific data available. To learn more about ABFEs and to view the maps for New Jersey, visit: http://www.region2coastal.com/sandy/abfe

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
What are the new elevation standards?

The Department of Environmental Protection (DEP) has determined that the Federal Emergency Management Agency’s (FEMA) recently released Advisory Base Flood Elevation (ABFE) maps provide the best elevations to be protective of lives and property and has incorporated them as the new elevation standard for the state. Property owners who have to rebuild because their property is substantially damaged will have to build to the highest available state or FEMA elevation level. In most cases, this will be the ABFE. In addition, Flood Hazard Area Act rules, in effect since 2007, require the lowest floor of each building in flood hazard areas to be constructed at least one foot above this elevation. 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 
What does the flood hazard area emergency rule do?

The rule, adopted by emergency action on Jan. 24, requires new and reconstructed buildings to be elevated in accordance with the best available flood mapping. This will help protect people and property during future floods. The emergency rule also adopts a new permit-by-rule so that people reconstructing and elevating buildings utilizing the state’s elevation standard will not need to secure a permit from the Department of Environmental Protection, nor pay the fee typically charged for a Flood Hazard Area permit. This will save them time and money while spurring quicker recovery from Sandy. 

 

New Jersey’s Emergency Flood Elevation Rule Updated February 12, 2013  

NJ Department of Environmental Protection www.nj.gov/DEP

 

 

NJ Clean Energy Programs POST Sandy

NJ Clean Energy Program Options

 

Cape May Court House - Cape May County Freeholder Director Gerald M. Thornton and the Cape May County Board of Chosen Freeholders encourage residents and businesses recovering from Hurricane Sandy to explore all options available to them.  Director Thornton said, “New Jersey’s Clean Energy Program is offering temporary financial incentives that will help people who had damage from Hurricane Sandy as they continue to recover.” 

The following programs are available to homeowners:
If your home is located in a
zip codedesignated as a "major" or "minor" damaged area impacted by Hurricane Sandy, you may be eligible for enhanced incentives on high efficiency equipment.

If you are located outside the eligible
zip codelist, you may also qualify for increased incentives by demonstrating that you have experienced damage caused by Hurricane Sandy.   Applications for Hurricane Sandy relief incentives outside the eligible zip code list will be reviewed on a case by case basis. Qualifying equipment purchased on or after October 29, 2012 through June 30, 2013 is eligible.

Visit each program webpage to complete an application form.  Please be sure that a Hurricane Sandy
Certification Formis included with your application.  Frequently asked questionsare also available to help clarify what is available.
Furnaces, Boilers, Heat Pumps, Gas Water Heatersand Mini-split Units

  • In addition to existing rebates of $300-$400, an additional $200 will be applied.  Incentives may also be available from your gas utility (check with your utility for more information).

Central Air Conditioners($500) and Clothes Washers($50)

  • These rebates will be extended for eligible customers replacing equipment damaged by the storm.

New Jersey ENERGY STAR Homes

  • Smart growth requirements are being waived for new construction projects in eligible areas impacted by Hurricane Sandy.

For Businesses & Local Governments:
Incentives available through NJ SmartStart Buildings have been increased by 50% for those affected by Hurricane Sandy.  Qualifying equipment purchased on or after October 29, 2012 through June 30, 2013 is eligible.
Application Procedure

  • Check the list of zip codesin "major" and "minor" affected areas to ensure your eligibility. If your zip code is not on the list, but you can demonstrate that your building's equipment was damaged by Hurricane Sandy, contact us at 866-NJSMART extension 4 for instructions.
  • Complete the Hurricane Sandy Certification Form (e-formor regular formversion) along with an application(s) for the NJ SmartStart Buildings energy efficiency measure for your project (e-formsor regular formversions).
  • Frequently Asked Questionsare available in case you need more information, or you may contact us at 866-NJSMART extension 4.

Food Service Equipment
In order to assist food providers recover, we've also added a new line of incentives for high efficiency food service equipment. Eligible equipment includes:

  • Dishwashers
  • Fryers
  • Griddles
  • Hot Food Holding Cabinets
  • Ice Machines
  • Ovens
  • Refrigerators & Freezers
  • Steam Cookers
 

 

Specific efficiency requirements and incentive levels are detailed on the Food Service Equipment application (e-formor regular formversion).

Streamlined and Modified Requirements

Additional enhancements for buildings located in Hurricane Sandy areas include modifications to standard program requirements.

  • Pre-inspections and pre-approvals will be waived where appropriate, as will equipment inventory requirements for those with proof of existing conditions (i.e. maintenance records, recent photographs and energy audit reports).
  • Restrictions on performance lighting measures in major rehabilitation projects have been eliminated.
  • Planned discontinuation of incentives for premium motors and T12 lighting has been extended from March 1, 2013 to June 30, 2013.

Local Governments

Make sure your homeowners and businesses are aware of enhanced temporary rebates due to Hurricane Sandy. And, don't forget municipal buildings (including schools) can also participate in New Jersey's Clean Energy Program.
“We want our residents to have the opportunity to apply for any assistance that is available to make this process easier and if they are not sure if they qualify to seek answers from the experts,” added Director Thornton.  If you have any questions, please call 866-NJSMART (866-657-6278) or visit
http://www.njcleanenergy.com/sandy/