We live in perilous times; where climate scientists are rightly claiming “I told you so…” In 2023, if you live in many parts of New Jersey, you have likely navigated flooded roadways and/or filed an insurance claim for flood-related damage. Just this past weekend, parts of the Northeast experienced record flooding, leading to mass evacuations in parts of Vermont and New York, loss of life and significant property damage.
DEP’s recent adoption of the Inland Flood Protection Rules, after over a year of delay, will require the adoption of updated flood maps to new and pending construction projects. This represents an important breakthrough for inland communities in our State that experience flooding. As set forth in DEP’s Notice of Rulemaking, dated December 5, 2022, the risk of flooding is one of the most critical threats to pubic safety presented by climate change.
In West Windsor, located in Mercer County, Bridge Point West Windsor LLC received approval from the West Windsor Planning Board to build a 5.5 million square-foot complex of seven warehouses on a site across from the Quakerbridge Mall that contains 64 acres of wetlands and 100 plus flood-prone acres. This occurred in June of 2022, in spite of strong opposition voiced by scores of residents at a series of public hearings. Incredibly, with the new Inland Flood Protection Rules just months away from being adopted, the Planning Board allowed the approval to occur with the applicant using maps last updated in 1999.
Still pending for the Bridge Point project, however, are a needed freshwater wetlands permit from DEP, County approval of the project, and DOT approval of a needed access road to Route 1. It is conceivable that the project applicant will use last year’s Planning Board approval and DEP’s issuance of a flood hazard area permit (currently being appealed) to argue that the 1999 maps should be applied to this project.
Local residents and residents in neighboring communities should weigh in with DEP to insist that the new flood maps under the new rules are applied. Under the new flood maps, the project, as proposed, which would cover 115-120 acres with impervious cover, would have to be redrawn to obtain approval. Insuring our safety when the risk of flooding is so high demands no less.
*Dear reader: please note that all blogs published on my website are available for informational purposes only, and should not be considered legal advice on any subject matter. –TSW
