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”