MYTH: The REAL rule proposal would create “no build” zones or require “retreat.”

REAL Facts: The REAL proposed rules would in no way create “no-build” zones or added prohibitions on construction.

Where development is proposed within flood-prone areas, the new rule proposal would require, to the extent practicable, that buildings and infrastructure are constructed above flood levels that incorporate sea-level rise, which is five feet higher than required under current standards.

MYTH: The REAL rule proposal would stop development and would result in less affordable housing.

REAL Facts: NO prohibition on any type of development would be proposed.

Residential buildings in flood-prone areas would need to be constructed in compliance with new standards to help ensure that current and future flood risk is minimized for occupants. It is well known that investing in resilience measures, such as elevation, represents a marginal cost that pays high dividends in terms of reducing flood insurance costs and potential for loss of life and property throughout the lifetime of the structure, as well as avoiding disruption to business and the entire community.

MYTH: The REAL rule proposal would prohibit rebuilding storm damaged homes.

REAL Facts:

• The proposed REAL rules WOULD NOT in any way prevent or discourage redevelopment after a storm.
  In fact, the Flood Hazard Area Control Act, which is one of the enabling statutes for the proposed new rules, states at N.J.S.A. 58:16A-55.1 that “No rule or regulation adopted [under this statute] shall prevent the repair or rebuilding within a flood hazard area of any lawful preexisting structure which was damaged by a flood or by any other means.” The REAL proposal is consistent with this requirement and would not in any way prevent new development or redevelopment before or after a storm.
• The REAL rules WOULD:
  • Protect life and property by requiring resilient design and construction.
  • Require an assessment in zones that will be inundated by the tide twice daily in future.

MYTH: The REAL rule proposal would prevent redevelopment or urban revitalization.

REAL Facts: The proposed REAL rules would not prevent or hinder urban revitalization.

In fact, the proposed rules would increase the resilience of our urban communities and improve water quality. For too long, these often overburdened areas of the state have been plagued by flooding and poor water quality because they were developed before protective standards existed. The REAL proposal would ensure that new and redeveloped buildings and infrastructure would be safer for current and future residents, business owners and first responders, and that water quality, which is critical for recreation, fishing and industry, is improved.

MYTH: The REAL rule proposal would require owners to buy flood insurance.

REAL Facts: The proposed REAL rules would not require owners to purchase flood insurance.

The proposed rules will not in any way affect FEMA flood mapping or require people to obtain flood insurance. Federal flood insurance rates are set by FEMA’s Flood Insurance Rate Maps. Only FEMA can amend or alter these maps.

The State does not require development to have flood insurance. Individuals are generally required to obtain flood insurance only if:

1. A building is located within a FEMA-mapped 100-year floodplain, (which is unchanged by the proposed rules);
2. There is a mortgage on the building; and
3. The lender requires flood insurance to protect their investment.

While the proposed new rules do not alter the need for or cost of flood insurance, the proposal does create a larger floodplain within which development is required to obtain a NJDEP permit and conform to the proposed new construction standards. Both FEMA’s floodplain and the proposed NJDEP floodplain within which construction requires approval can be viewed on the Tidal Climate Adjusted Flood Elevation for New Jersey.

Updated on September 17, 2024

MYTH: The REAL rule proposal is not supported by science.

REAL Facts:

• REAL is based on the sea-level rise projections from “New Jersey’s Rising Seas and Changing Coastal Storms: Report of the 2019 Science and Technical Advisory Panel” (2019 STAP Report).
• The Science and Technical Advisory Panel (STAP) was convened by Rutgers University and represents the collective expertise of 19 authors from research universities, federal institutions, professional associations and consulting firms.
• The STAP Report presents New Jersey-specific observations and projections that synthesized the most recent climate science needed to inform efforts to increase the resilience of New Jersey’s people, places and assets to regional sea-level rise and changing coastal storms, and resulting flood risk.
• This 2019 STAP report builds upon a prior STAP report produced for the New Jersey Climate Change Alliance in 2016.
• The scientific basis of the 2016 effort was based entirely on Professor Robert Kopp’s 2014 peer-reviewed, published work. Thus, the underlying data for both the 2016 and 2019 reports have already been subjected to a thorough peer review.
• The Department continues to follow the evolving climate science and reevaluates policies accordingly.

For more on the REAL underlying science, visit: https://njdepwptest.net/njreal/underlying-science/