Activities EXEMPTED under N.J.A.C. 7:13-11.5(a)2 include:
- Mixed Use Commercial
- Industrial Structures
- Hospitality Structures
- Gaming Structures
- Recreational Structures
- Residential buildings: Repair and maintenance activities that do not alter the building’s footprint or increase its habitable area
- Critical buildings: Repair and maintenance activities that do not alter the building’s
- footprint or increase its habitable area
- Critical infrastructure
- Certain drainage improvements
- Safety or state of good repair improvements
- Any public transportation entity project that reached a preferred alternative or equivalent milestone prior to January 5, 2026
Please note that certain types of activities, although may be exempted from the Inundation Risk Zone rules, a project may need to comply with the substantial improvement or substantial damage regulations of the Uniform Construction Code.
Note: The term “Critical Building” is defined in N.J.A.C. 7:13-1.2 to mean a building that, based on its use and occupancy, is designated by the American Society of Engineers in their publication, “Flood Resistant Design and Construction (ASCE/SEI 24-14) that is a Flood Design Class 3 or Class 4 (ASCE 24-14, Table 1-1: Flood Design Class of Buildings & Structures)
See FAQ “What are Flood Design Class 3 and Class 4 Critical Buildings”