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Floodplain Confusion Sparks Controversy Over Property Development

September 04, 2024 | Summit, Union County, New Jersey


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Floodplain Confusion Sparks Controversy Over Property Development
In a recent government meeting, discussions centered around the complexities of floodplain regulations and their implications for property development in the West End Avenue area. Key points emerged regarding the floodplain's impact on construction projects, particularly concerning a proposed garage and carport.

Officials highlighted the challenges posed by the floodplain designation, which affects various properties differently. Some homes have portions that fall within the floodplain, while others have been successfully removed from it through engineering surveys and submissions to FEMA. The conversation revealed that the floodplain maps, established in the 1970s, have not been updated recently, leading to confusion over which properties are affected.

A significant focus was placed on the need for compliance with both FEMA and New Jersey Department of Environmental Protection (DEP) regulations. The DEP's designation of flood hazard areas imposes restrictions on construction, including the prohibition of certain structures like garages without proper approvals. The board emphasized that even if a property is deemed outside FEMA's floodplain, it must still adhere to DEP's regulations if it falls within a flood hazard area.

The applicant's representatives argued that their property has a Letter of Map Amendment (LOMA) from FEMA, suggesting it should not be subject to the same restrictions. However, board members expressed the need for further documentation and expert testimony to clarify the property's status and the implications for the proposed construction.

The meeting underscored the importance of thorough engineering assessments and the necessity for applicants to navigate the regulatory landscape carefully. The board indicated that while they could approve zoning applications, ultimate compliance with DEP regulations remains a prerequisite for any construction to proceed. This ongoing dialogue reflects the broader challenges faced by homeowners and developers in flood-prone areas, where regulatory frameworks can complicate development plans.

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