Politics & Government

New Law Allows Raising of Flood-Prone Homes

Homeowners can raise their houses to a "new and appropriate elevation" set by FEMA standards without seeking a variance from local officials.

Flood-prone homeowners will be able to raise their houses without seeking approval from local officials under a new state law.

Gov. Chris Christie signed the bill, A3890, into law Wednesday. The new law allows property owners to raise most existing structures on flood-prone properties up to a "new and appropriate elevation" set as either 3 feet above FEMA's base flood elevation or a flood elevation standard set by the state Department of Environmental Protection. It also allows property owners to bypass a request for a variance from towns if the new elevation exceeds what is allowed by local ordinances.

The bill was sponsored by District 38 Assemblyman Timothy Eustace, among other lawmakers. Officials said they hoped it would lower flood insurance rates for those repeatedly affected by storms.

"It is a catch-22 for property owners," Eustace said in a press release. "You want to raise your property to meet new federal guidelines to protect your home from future flooding and avoid higher flood insurance premiums, but doing so might mean breaking land use restrictions set by your local government."

Buildings which are below FEMA's base flood elevation — set at the elevation likely to be affected by a flood once every 100 years — face higher insurance premiums than those built above the elevation.


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