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  • NJ A4661
  • Excludes flood-prone land from affordable housing vacant land analysis.
Introduced
(3/6/2017)
In Committee
(3/6/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires the exclusion of flood-prone land when computing a municipal adjustment of available land resources as part of the determination of a municipality's fair share affordable housing obligation. Currently, land may not be considered in determining a municipality's available land resources for affordable housing purposes if it contains any one of various special features, consisting of: (a) land owned by a government entity, and intended for a public purpose, (b) certain park land, open space and other land dedicated for conservation, (c) certain very small land parcels held in private ownership, (d) historic and architecturally important sites, (e) agricultural land with restricted development rights, (f) sites designated for active recreation, and (g) environmentally sensitive land where development is prohibited by law. This bill would also exclude from determinations of available land resources for affordable housing purposes any land that is (1) lower than the most recent "flood elevation determination," measured under federal standards, (2) lower than the applicable flood elevation standard required under regulations adopted pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or (3) within 100 feet of category one waters, as designated by the Department of Environmental Protection. As defined under 44 C.F.R.59.1, a "flood elevation determination" refers to a determination by the Federal Insurance Administrator of the water surface elevations of a "base flood," also understood as a flood level that has a one percent or greater chance of occurrence in any given year. This bill directs the Department of Environmental Protection to adopt rules and regulations to guide determinations of flood-prone lands by the first day of the seventh month next following enactment. This bill remains inoperative until the first day of the seventh month next following enactment.
Not specified
Introduced, Referred to Assembly Housing and Community Development Committee  (on 3/6/2017)
 
 
Date Chamber Action Description
3/6/2017 A Introduced, Referred to Assembly Housing and Community Development Committee
Date Motion Yea Nay Other
None specified