FEMA Model Deed Restriction (2012)

Last modified on June 24th, 2025 at 10:49 am

The FEMA Model Deed Restriction outlines specific restrictions that apply to properties acquired with federal mitigation funds, including Blue Acres buyout properties, to ensure they are used in ways that reduce flood risks and preserve natural floodplain functions. Here’s a summary of the key points:

Purpose

The deed restriction ensures that properties acquired with federal funds for flood mitigation are maintained as open space in perpetuity. This helps reduce flood damage and preserve natural floodplain functions.

Key Provisions

  1. Compatible Uses:
    • The property must be used for open space purposes such as parks, nature reserves, wetlands management, and other similar uses.
    • No new structures can be built on the property, except for certain public facilities that are open on all sides, public restrooms, or structures that support open space use and are approved by FEMA.
  2. Structures:
    • Any allowed structures must be floodproofed or elevated to at least one foot above the base flood level.
    • Improvements must comply with proper floodplain management practices.
  3. Disaster Assistance and Flood Insurance:
    • The property is not eligible for federal disaster assistance or flood insurance coverage for any new structures built after the property is acquired.
  4. Transfer of Property:
    • The property can only be transferred to public entities or qualified conservation organizations with FEMA’s prior approval.
    • Any transfer must include the original deed restrictions to ensure continued compliance.
  5. Inspection and Monitoring:
    • FEMA and its representatives have the right to inspect the property to ensure compliance.
    • The grantee must submit a report every three years certifying that the property is being maintained according to the deed restrictions.
  6. Enforcement:
    • If the property is not maintained according to the deed restrictions, FEMA and the state have the authority to enforce compliance, which may include legal action or requiring the transfer of the property title.
  7. Amendment and Severability:
    • The deed restriction can only be amended with the approval of FEMA, the state, and the grantee.
    • If any part of the deed restriction is found to be invalid, the rest of the provisions remain in effect.

Watson Crampton Neighborhood Plan Township of Woodbridge (2015)

Last modified on June 24th, 2025 at 11:18 am

The Watson Crampton Neighborhood Plan is a successful example of proactive resilience planning, with tangible results visible in the neighborhood today. In October 2012, Superstorm Sandy caused significant damage to many communities in New Jersey, including the Watson Crampton neighborhood in Woodbridge Township. In response, Woodbridge Township developed the Watson Crampton Neighborhood Plan to help residents affected by the storm.

Purpose of the Plan

The Watson Crampton Neighborhood Plan serves as a guide for future planning projects within the neighborhood. It aims to identify issues and opportunities, and recommend strategies to enhance resiliency against future flood events.

Key Components of the Plan

  • Blue Acres Program: Discussion of the program and identification of properties in Watson Crampton that have utilized it.
  • Neighborhood Characteristics: Analysis of the neighborhood’s vulnerabilities and opportunities.
  • Strategic Recommendations: Strategies to preserve and reinforce the neighborhood’s residential characteristics while ensuring residents’ health, safety, and welfare.
  • Concept Plan: A proposed plan implementing several recommendations.

Background and Support

The plan was prepared under the Post Sandy Planning Assistance Grant Program, administered by the New Jersey Department of Community Affairs. This program supports long-term planning for redevelopment in communities affected by Superstorm Sandy, providing local municipalities with planning support services.

Blue Acres Program Participation

Woodbridge Township is participating in the NJDEP Blue Acres Program, which targets the buyout of flood-prone structures and the preservation of the floodplain. The buyout process began in 2014 and is ongoing.

Open Space/Conservation Zone

The plan includes the creation of an Open Space/Conservation (OSC) zone to protect the residential neighborhood from future floods. This zone consists of recreation areas and open space, allowing much of the area to return to its natural state. The open space will act as a buffer between the Woodbridge River and residential properties, helping to mitigate flood effects.

Trail path in the Watson Crampton Neighborhood in 2024

Floodplain Buyouts: How to Maximize Community Benefits, Habitat Connectivity, and Resilience (2017)

Last modified on June 24th, 2025 at 2:09 pm

“Floodplain Buyouts: An Action Guide for Local Governments on How to Maximize Community Benefits, Habitat Connectivity, and Resilience” is a resource produced by the University of North Carolina-Chapel Hill’s Institute for the Environment and the Environmental Law Institute. This Action Guide is valuable for local governments looking to maximize the benefits of floodplain buyout programs.

The guide aims to provide a framework for thinking through various management options for floodplain acquisition programs. It helps readers understand the acquisition process, the benefits of managing floodplain acquisitions to improve habitats, and how to plan and address challenges effectively.

Key Sections of the Guide

  1. Acquiring Property in the Floodplain: Buyout Programs:
    • Explains how FEMA’s Hazard Mitigation Grant Program (HMGP) supports voluntary property acquisitions, or floodplain buyouts.
    • Introduces the concept of leveraging multiple (non-federal) funding sources for different parts of the acquisition and post-buyout project.
  2. Managing Floodplain Acquisitions to Maximize Habitat and Resilience Benefits:
    • Discusses considerations for determining the best-fit post-buyout project.
    • Presents habitat- and community-friendly options based on factors such as open space requirements and the geographical layout of the acquired properties.
  3. Making it Happen: Challenges and Issues to Consider:
    • Addresses practical questions that must be asked when planning, presenting, and executing post-buyout projects.
    • Covers topics such as funding, maintenance responsibility, community buy-in, and successful partnerships.
    • Aims to help readers anticipate and overcome challenges commonly faced by communities implementing habitat restoration projects on floodplain acquisitions.

Creating Flood-Resilient Landscapes: A Primer for New Jersey Communities (2023)

Last modified on June 24th, 2025 at 2:16 pm

“Creating Flood-Resilient Landscapes: A Primer for New Jersey Communities” is a comprehensive guide designed to help stakeholders plan, design, and implement flood resilience projects on Blue Acres parcels and other flood-prone open spaces. This project is a collaboration between the Rutgers New Jersey Agricultural Experiment Station and South Dakota State University School of Design, funded by the New Jersey Department of Environmental Protection and the Rutgers Climate and Energy Institute.

Purpose of the Primer

The primer aims to provide stakeholders with the knowledge and tools needed to create flood-resilient landscapes. It addresses the significant risks posed by floods to human health and infrastructure and offers strategies to mitigate these risks through effective landscape management.

Key Sections of the Primer

  1. Overview of Flooding and Its Impact in New Jersey:
    • Highlights the widespread impact of flooding across New Jersey’s municipalities.
    • Discusses the increasing frequency and severity of flood events due to climate change and the state’s dense population and development.
  2. Framework for Developing a Landscape Resilience Strategy:
    • Outlines a structured approach to creating flood-resilient landscapes.
    • Emphasizes the importance of addressing challenges such as soil health, hydrologic patterns, and environmental stressors.
  3. Natural Function of Flood-Prone Landscapes:
    • Explains how natural ecosystems function to mitigate flood risks.
    • Illustrates the impact of development on flood vulnerability and the role of biodiversity in maintaining ecological function.
  4. Designing, Implementing, and Maintaining Resilient Landscapes:
    • Provides specific methods and techniques for transforming acquired properties into public assets.
    • Combines principles of engineering, ecology, landscape architecture, and social science to create sustainable, ecologically based resilience initiatives.

Challenges and Solutions

The primer addresses several challenges associated with managing flood-prone properties, including:

  • The need for sustainable management practices that do not overburden public resources.
  • The importance of maintaining ecological function despite legacy effects of previous development.
  • The necessity of community buy-in and effective partnerships to ensure successful project implementation.

Blue Acres Post-Buyout Land Management Field Guide (2024)

Last modified on June 24th, 2025 at 2:18 pm

“Blue Acres Post-Buyout Land Management Field Guide”, developed by a former intern, provides an overview of natural floodplain functions, authorized uses of Blue Acres properties, and strategies for managing encroachments on State-owned lands. This guide is intended to help municipalities and other stakeholders effectively manage and utilize acquired open space lands for flood risk mitigation and climate resilience.

Key Sections of the Guide

  1. Obligations of Municipalities:
    • Outlines the responsibilities of municipalities in managing Blue Acres properties to ensure compliance with state regulations and promote flood resilience.
  2. Flood Risk Mitigation for Climate Resilience:
    • Discusses strategies and practices for mitigating flood risks and enhancing climate resilience through effective land management.
  3. Functions of a Floodplain:
    • Soil Compaction, Porosity, and Permeability: Explains the importance of soil health in floodplain management, including how soil compaction, porosity, and permeability affect flood resilience.
    • Vegetation and Runoff: Highlights the role of vegetation in managing runoff and reducing flood risks.
    • Benefits of Healthy Floodplains: Describes the ecological and community benefits of maintaining healthy floodplains.
  4. Authorized Uses of Acquired Open Space Land:
    • Provides guidelines on what activities and uses are permitted on Blue Acres properties to ensure they contribute to flood resilience and ecological health.
  5. Prohibited Uses of Acquired Open Space Land:
    • Lists activities and uses that are not allowed on Blue Acres properties to prevent actions that could undermine flood resilience efforts.
  6. Addressing Unauthorized Uses of Blue Acres Open Space:
    • Identifying Encroachments: Explains how the severity of encroachments on buyout properties is determined by the cost and effort required to restore the land and the extent of soil impact.
    • Encroachment Examples: Provides examples of common encroachments and how they can impact floodplain management.
    • Preventing Misuse: Recommends actions municipalities can take to prevent and address misuse of Blue Acres open space.
  7. Creative Uses of Blue Acres Open Space:
    • Encourages innovative and community-friendly uses of Blue Acres properties that align with flood resilience goals, such as creating recreational areas or restoring natural habitats.

 

Concept Design Samples for Blue Acres Sites (2025)

Last modified on June 24th, 2025 at 12:22 pm

The concept design samples were developed by students in the Rutgers Department of Landscape Architecture in partnership with Blue Acres. These samples are intended to provide illustrative examples of potential landscape designs for flood-prone areas and are not meant to serve as endorsements.

The sites included in these samples are located in:

  • Highland Park
  • Hillsborough
  • Lincoln Park
  • Old Bridge
  • Paterson
  • Rahway

The designs aim to showcase innovative approaches to managing and utilizing open spaces acquired through the Blue Acres program, highlighting strategies for enhancing flood resilience and ecological health. These concept designs were created as part of the Rutgers Center for Urban Environmental Sustainability (CUES) coursework.

Blue Acres Post-Buyout Land Use Considerations Handout (2025)

Last modified on June 24th, 2025 at 12:36 pm

This two-page document provides an overview of permissible land uses and strategies for enhancing floodplain functions on Blue Acres properties and other flood-prone open spaces. It highlights real-world examples of repurposed properties, guidelines for maintaining open space, and nature-based solutions to improve water absorption and community resilience.

Key Points

  1. Community Benefits of Open Space:
    • Examples include a restored native landscape in Woodbridge with native plants and a gravel walkway, a maintained mowed lawn with planted trees, and an engineered multi-use space in Lambertville with access to both the land and the waterway, seating, and native plants.
  2. Land Use Considerations:
    • Blue Acres properties must be maintained as open space with restrictions such as no pavement, no vehicle use or storage, no obstructive fences, and no walled structures.
  3. Enhancing Floodplain Functions:
    • Strategies include planting native flood-tolerant plants, preventing soil compaction, and implementing green infrastructure like rain gardens and bioswales to improve water absorption and resilience.
  4. Additional Resources:

Land Use Visioning Increases Support for and Participation in Flood Buyouts

Last modified on June 24th, 2025 at 12:43 pm

September 18, 2024

As an example of “visioning,” shown above is a concept design for a floodplain restoration project. Blue Acres’ survey asked if similar designs used in public engagement processes would influence respondents’ views on flood buyouts. Graphic from: Creating Flood-Resilient Landscapes, Rutgers, The State University of New Jersey Department of Ecology, Evolution and Natural Resources

Blue Acres administered an online survey to understand if more public engagement is needed around buyouts and to see if post-buyout land use visioning efforts would improve support for buyout participation and community land stewardship.  For context, land use “visioning” refers to preparing digital renderings of a site that display proposed restoration options for implementation. The visioning being discussed in this survey would occur in consultation with community members to provide visual examples of how the land might be utilized once it becomes open space. 

Survey Distribution
The short, seven-question survey went live on February 28th, 2024, and accepted survey responses for sixty-two days, concluding on April 30th.  To solicit responses, it was shared via email with those on the Blue Acres listserv and the Governor’s Office of Innovation’s email list. The survey was also promoted by Blue Acres staff during presentations at three professional conferences during March and April.  

Survey Responses
The survey yielded eighty-six responses from community members, homeowners, or government representatives. Most respondents (93%) seemed to favor more public engagement around buyouts, and over 87% of respondents felt that if visual aids were available to define post-buyout land use, they would be more likely to support buyouts.  Similarly, the responses to two questions asking how participants connect open space to flood protection showed that most people believe more open space in the floodplain and a naturally functioning floodplain can meaningfully reduce damage from flooding, 94.3% and 76% respectively. Likewise, the majority of respondents indicated they support funding to address long-term management of buyout lands. 

Survey Outcomes
The responses collected support Blue Acres’ ongoing initiatives to better engage communities focusing on flood risk and mitigation communications and post-buyout land use visioning. By creating opportunities for post-buyout land use visioning, Blue Acres aims to grow support for buyouts while empowering community members to advocate for the optimization of buyout lands to meet community goals and needs such as climate resilience, beautification, passive recreation, etc. 

 

Blue Acres thanks all who participated—community feedback is essential as the program works towards innovative, sustainable solutions for flood-impacted areas.