Your Source For Information
NJ Flood Disclosure Law & Seller Disclosure (Effective March 20, 2024)
The Flood Disaster Protection Act of 1973, US Code TITLE 42 CHAPTER 50 Sec. 400101
The official site of the National Flood Insurance Program (FloodSmart)
Information: Flood Insurance 101
FEMA List of NJ Municipalities Participating in the National Flood Program
Pertinent to both Sellers and Landlords (Excludes Seasonal Rentals)
March 9, 2024
The law mandates sellers and landlords to inform prospective buyers and tenants about a property's flooding history, flood risk, and its designation within a flood zone. Keep in mind, every property is in a flood zone, it's just a question of whether it is in a low, moderate, or high risk area. See the FEMA list of NJ Municipalities which particiate in the NFP (National Flood Program). To comply with this law, questions have been added to the Seller Property Condition Disclosure Form. It is mandatory that these questions be answered on the form and the form provided to prospective buyers and sellers prior to any offer to purchase or lease a property.
The NJ DEP States: "Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously known to flood. For example, by 2050, it is likely that sea-level rise will meet or exceed 2.1 feet above 2000 levels, placing over 40,000 New Jersey properties at risk of permanent coastal flooding. In addition, precipitation intensity in New Jersey is increasing at levels significantly above historic trends, placing inland properties at greater risk of flash flooding. These and other coastal and inland flood risks are expected to increase within the life of a typical mortgage originated in or after 2020. In response to these increasing risks across the state, the New Jersey flood risk notification law was enacted on July 3, 2023. The law requires landlords and sellers of real property to make certain disclosures concerning known and potential flood risks." Read the full text of the law.
Helpful Links
NJ Flood Risk Notification Tool - Provides an email report on a specific property.
Help you buyers by telling them what a flood search means to them.
Looking for a new home can be both stressful and exciting at the same time. There are many aspects to consider after finding that potential dream home, not least of which should be determining the risk of flooding. Everyone lives in a flood zone–it's just a question of whether you live in a low, moderate, or high risk area.
Purchasing a home in a high risk Flood area can add thousands of dollars in insurance premiums per year, not to mention the heartache and aggravation incurred by damage to property and belongings should flooding occur.
NJ Property Fax offers a simple cost effective way of ensuring that you are informed about the risk of flooding on a property. Hours of time and money can be saved by Real Estate Professionals, home buyers and sellers by performing a Flood Search.
About The Flood Risk Notification Tool. It provides a flood search which is a comprehensive analysis of structures and property boundaries to determine which Flood zones may apply. Using the latest GIS (Geographic Information System) technology and most currently available information from FEMA (Federal Emergency Management Agency) NJPF will provide a complete, fully insured report on the selected property. A report in PDF form is emailed to you within 24 hours; most reports are completed within a few hours. The report consists of the following map overlays:
Property Boundaries
Aerial Photography
Street Maps
FEMA Flood Zones
About the National Flood Insurance Program.
Since standard homeowners insurance doesn't cover flooding, it's important to have protection from the floods associated with hurricanes, tropical storms, heavy rains and other conditions that impact the U.S. In 1968, Congress created the National Flood Insurance Program (NFIP) to help provide a means for property owners to financially protect themselves. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates in the NFIP. Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding.
What are Flood Zones?
Flood zones are land areas identified by the Federal Emergency Management Agency (FEMA). Each flood zone describes that land area in terms of its risk of flooding. Everyone lives in a flood zone–it's just a question of whether you live in a low, moderate, or high risk area.
What Constitutes a High Risk Flood Zone/Area.
High risk flood areas are known as SFHAs (Special Flood Hazard Areas). Over the course of a 30 year mortgage, properties in a SFHA have a 26% chance of flooding at least once over the course of the loan.
Which Flood Zones Require Flood Insurance.
Any structures on a property which fall inside SFHA zone A or V are required to get Flood insurance
▸ EACH structure inside the SFHA is required to have its own separate flood insurance policy.
▸ ONLY structures are required to get flood insurance, if portions of the property are within a SFHA, but no structures are, flood insurance is NOT required.
What is a Non-Special Flood Hazard Area (NSFHA).
A Non-Special Flood Hazard Area (NSFHA) is an area that is in a moderate-to-low risk flood zone (Zones B, C, X Pre- and Post-FIRM). An NSFHA is not in any immediate danger from flooding caused by overflowing rivers or hard rains. However, it’s important to note that structures within a NSFHA are still at risk. In fact, one out of four floods occurs in an NSFHA.
What is the NFIP Map. Also referred to as a Flood Insurance Rate Map (FIRM or Flood Map) is the official map of a community on which defines both the special flood hazard areas and the flood zones applicable to the community. This map is used for flood insurance determinations as well as flood plain management and mitigation.
Flood Zone Legend
The 1% annual flood (100 year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year.
The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE.
The Base Flood Elevation is the water-surface elevation of the 1% annual flood.
SFHAs (Special Flood Hazard Area designated zones)
Zone A – No Base Flood Elevations determined.
Zone AE – Base Flood Elevations determined.
Zone AH – Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined.
Zone AO – Flood Depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined.
Zone AR – Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood.
Zone A99 – Area to be protected from 1% annual chance flood by a Federal flood protection system under construction; no Base Flood Elevations determined.
Zone V – Coastal flood zone with velocity (wave action); no Base Flood Elevations determined.
Zone VE – Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined.
OTHER (Zones which are NOT designated as Special Flood Hazard Areas)
X (0.2 percent annual chance) – Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood.
X – Areas determined to be outside the 0.2% annual chance floodplain.
D - Areas in which flood hazards are undetermined, but possible.
C - Areas of minimal flooding
What if I don’t believe a property is in a SFHA, can it be disputed? Yes. Have a professional engineer or surveyor produce A Flood Elevation Certificate. A structure with a properly completed Elevation Certificate may qualify for a discount on flood insurance premiums. The structure or property can be removed from a SFHA with a Letter Of Map Amendment (LOMA).
What is a Flood Elevation Certificate. A Flood Elevation Certificate is a document generated by an engineer, or surveyor, that can determine where precisely your home is located in relationship to the Base Flood Elevation. The Flood Elevation Certificate is a tool that FEMA uses to certify building elevations, and if the building is located in a Special Flood Hazard Area.
A Letter of Map Amendment (LOMA).
A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation.
Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
Definitions of FEMA Flood Zone Designations. Flood zones are geographic areas that the FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map. Each zone reflects the severity or type of flooding in the area.
Moderate to Low Risk Areas
In communities that participate in the NFIP, flood insurance is available to all property owners and renters in these zones:
Zone B and X (shaded)
Area of moderate flood hazard, usually the area between the limits of the 100-year and 500-year floods. B Zones are also used to designate base floodplains of lesser hazards, such as areas protected by levees from 100-year flood, or shallow flooding areas with average depths of less than one foot or drainage areas less than 1 square mile.
Zone C and X (unshaded)
Area of minimal flood hazard, usually depicted on FIRMs as above the 500-year flood level. Zone C may have ponding and local drainage problems that don't warrant a detailed study or designation as base floodplain. Zone X is the area determined to be outside the 500-year flood and protected by levee from 100-year flood.
High Risk Areas
In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones:
Zone A
Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones.
Zone AE
The base floodplain where base flood elevations are provided. AE Zones are now used on new format FIRMs instead of A1-A30 Zones.
Zone A1-30
These are known as numbered A Zones (e.g., A7 or A14). This is the base floodplain where the FIRM shows a BFE (old format).
Zone AH
Areas with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.
Zone AO
River or stream flood hazard areas, and areas with a 1% or greater chance of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Average flood depths derived from detailed analyses are shown within these zones.
Zone AR
Areas with a temporarily increased flood risk due to the building or restoration of a flood control system (such as a levee or a dam). Mandatory flood insurance purchase requirements will apply, but rates will not exceed the rates for unnumbered A zones if the structure is built or restored in compliance with Zone AR floodplain management regulations.
Zone A99
Areas with a 1% annual chance of flooding that will be protected by a Federal flood control system where construction has reached specified legal requirements. No depths or base flood elevations are shown within these zones.
High Risk - Coastal Areas
In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones:
Zone V
Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30-year mortgage. No base flood elevations are shown within these zones.
Zone VE, V1 - 30
Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30-year mortgage. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.
Undetermined Risk Areas
Zone D
Areas with possible but undetermined flood hazards. No flood hazard analysis has been conducted. Flood insurance rates are commensurate with the uncertainty of the flood