News & Analysis as of

Flood Zones

Greenbaum, Rowe, Smith & Davis LLP

New Jersey DEP’s Resilient Environments and Landscapes (REAL) Regulations: An Overview of the Proposed Rulemaking and Its Impacts...

The New Jersey Department of Environmental Protection (NJDEP) is immersed in one of the most impactful rulemaking proceedings in the state’s history in an effort to implement regulatory changes to address and mitigate the...more

Dinsmore & Shohl LLP

How Does HUD’s New Floodplain Management Rule Impact Potential FHA-Insured Projects?

Dinsmore & Shohl LLP on

If you work in the area of HUD-insured multifamily or healthcare loans, you are likely to have encountered a floodplain on a property prior to a HUD application and wondered “what do I do now?” You would not be alone....more

Holland & Knight LLP

D.C.'s DOEE Publishes Long-Awaited Proposed Revisions to District Flood Hazard Rules

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The D.C. Department of Energy and Environment (DOEE) on July 19, 2024, published a proposed rulemaking (Proposed Rule) to adopt amendments to the District's Flood Hazard Rules (Rules) contained in Chapter 31, Title 20 of the...more

Allen Matkins

Sustainable Development and Land Use Update 6.20.24

Allen Matkins on

AB 1893 (Wicks) is currently making its way through the state legislature and would modify the Builder’s Remedy under the Housing Accountability Act. This legal alert summarizes the significant amendments made to AB 1893 in...more

Buchalter

HUD Issues Rule with New Flood Risk Standards – Impacts New Construction and Substantial Improvements to Properties Financed and...

Buchalter on

On April 2, 2024, HUD published a new rule in the Federal Register regarding the Federal Flood Risk Management Standard (FFRMS). The new rule updates the HUD regulations on Floodplain Management and Protection of Wetlands and...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

Holland & Knight LLP on

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

Genova Burns LLC

New Jersey’s New Flood Risk Information Law Goes Into Effect: Penalties for Nondisclosures In Sales and Leases (both Commercial...

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Beginning on March 20, 2024, the new NJ law requires sellers of real property and landlords to make disclosures regarding known and potential flood risks in purchase and sale agreements and new leases and renewals. ...more

Lowenstein Sandler LLP

New Jersey Flood Risk Disclosure

Lowenstein Sandler LLP on

In response to growing flood risks due to the effects of climate change, the New Jersey Flood Risk Notification Law was enacted on July 3, 2023, requiring landlords and sellers of both commercial and residential real property...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more

Verrill

MassDEP Proposes New Coastal Floodplain Standards to Improve Climate Resiliency

Verrill on

There has been a joke for some time now that whenever MassDEP proposes new regulations, they must have finally developed the performance standard for Land Subject to Coastal Storm Flowage (“LSCSF”). Well, the joke’s on us,...more

Cozen O'Connor

Certain Residential Leases Must Now Disclose Flood History and Risk

Cozen O'Connor on

Effective immediately, Section 231-B of New York Real Property Law (Section 231-B) has been amended to require that every existing and prospective residential lease provide a notice to the tenant related to the leased...more

Allen Matkins

California Environmental Law & Policy Update 12.01.23

Allen Matkins on

Most U.S. cities would have to replace lead water pipes within 10 years under strict new rules proposed by the Environmental Protection Agency (EPA) as the Biden administration moves to reduce lead in drinking water and...more

Harris Beach PLLC

New York Revises Property Disclosure Forms to Address Flood Risk

Harris Beach PLLC on

New York home sellers now must disclose information about flood risk, flood history and flood insurance to potential buyers under legislation recently signed by Gov. Kathy Hochul, further amending the requirements of the...more

Allen Matkins

Sustainable Development and Land Use Update - 1.19.23 - #2

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After years of record budget surpluses, California now faces a projected $22.5 billion budget deficit, Governor Gavin Newsom announced last week. As part of a required adjustment in state spending, Newsom proposed cutting...more

J.S. Held

Flooding & Storm Surge: Understanding the Differences & Impacts

J.S. Held on

Flooding is the most common natural disaster in the United States, with every state having experienced some aspect of it in recent years1. Storm surge flooding, which occurs particularly in coastal areas as the result of...more

Mintz

Climate Risks Prompting Shifts By Real Estate Investors

Mintz on

The prospect of climate change, and the corresponding elevated risks to various forms of property and investments, are increasingly beginning to be priced in to widening swathes of the economy. While the energy...more

Gould + Ratner LLP

Owners and Developers Beware: FEMA Flood Insurance Program Is Changing Along With the Climate

Gould + Ratner LLP on

One of the issues contributing to an increasingly volatile construction space for owners and developers is the cost and availability of insurance during and after construction of a project. As a result of accelerated climate...more

Holland & Knight LLP

Massachusetts Communities Think Globally, Act Locally on Climate Change: Massachusetts Climate Change Adaptation Initiatives: What...

Holland & Knight LLP on

The previous alerts in this Holland & Knight series have focused on state level initiatives from the Massachusetts Legislature, Governor's Office and the Massachusetts Environmental Policy Act (MEPA) Office related to climate...more

Moore & Van Allen PLLC

Water Under the Bridge: Revised Interagency Flood Insurance Q&As to Replace Decade-Old Q&As

Moore & Van Allen PLLC on

For the first time in nearly a decade, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Farm Credit Administration, and the National...more

Cozen O'Connor

Climate Change – Real Estate Impact

Cozen O'Connor on

Perception becomes reality. Whether alarmist or denier, believer or skeptic, those responsible for making decisions in response to the perceived threat of climate change have taken the side of caution over indecision and...more

Nossaman LLP

General Plan Environmental Justice Guidelines: Do They Apply To You?

Nossaman LLP on

On June 24, 2020, the California Office of Planning and Research (OPR) issued updated General Plan Guidelines for use by cities and counties in developing land use planning documents. The Guidelines are intended to implement...more

Holland & Knight LLP

D.C.'s Department of Energy & Environment Proposes Major Changes to Flood Hazard Regulations

Holland & Knight LLP on

The Department of Energy & Environment (DOEE) in Washington, D.C., has announced its intent to propose significant changes to its flood hazard regulations at Title 20 DCMR Chapter 31. These changes are designed to make the...more

Blake, Cassels & Graydon LLP

Quebec Tightens Restrictions on Construction and Other Projects in Flood-Prone Areas

In 2017 and 2019, Quebec was struck with severe spring flooding. In the Spring of 2019, floods affected more than 250 municipalities, damaged thousands of residences and forced the evacuation of over 13,500 people. Following...more

Womble Bond Dickinson

Court Will Not Enjoin Issuance of Land Use Permits Where None Yet Applied

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Any stock brokerage website will tell you that “past performance is not indicative of future results.” The same is true in the context of land use permitting, such that what a municipality “had done” cannot ripen a claim to...more

Downey Brand LLP

No Long-Term Reauthorization Yet; NFIP Extended Through November 30, 2018

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In a last minute move to avert a mini-financial disaster, yesterday the Senate passed, and the president signed, a bill to extend the NFIP until November 30, 2018. The House had previously passed a companion bill....more

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