REAL's “4-Foot Rule” Is Here — What It Means for Long Beach Island
New Jersey has officially updated flood elevation requirements for coastal construction. While this does not affect existing homes that are not being rebuilt, it significantly changes how new homes, tear-downs, and major renovations can be designed and approved on Long Beach Island.
Three-story livable homes like the one pictured above may become less common under New Jersey’s new flood elevation rules, as higher required floor elevations reduce available buildable height within local zoning limits.
What does this rule mean?
New Jersey now requires the first floor of livable space in new coastal construction to be built significantly higher than before.
Previously, most homes only needed to place the first livable floor 1 foot above FEMA’s Base Flood Elevation (BFE). Under the new rule, that requirement increases to 4 feet above FEMA’s BFE.
This means the level where people actually live must start higher — impacting design, layout, and total usable building height.
What is considered “livable space”?
Livable space refers to habitable interior areas of a home that are intended for daily occupancy and living.
- Bedrooms
- Living rooms
- Kitchens
- Dining areas
- Finished interior living areas
It typically does not include garages, storage rooms, mechanical rooms, unfinished ground-level enclosures, or flood-vented areas below the main living floor.
Who does this apply to?
- New construction homes
- Tear-down rebuild projects
- Major renovations — On LBI this generally means projects exceeding 50% of assessed building value
Existing homes not undergoing major structural work are not forced to elevate.
When does this go into effect?
The new flood elevation rules officially go into effect on July 20th. If your permit is fully completed and submitted to NJDEP before this date, your project may still qualify under the previous elevation standard.
After July 20th, all qualifying projects must comply with the new elevation requirements.
Real-Life Example: LBI Bayfront Home
Let’s use a very real Long Beach Island scenario: a home located just off the bay in a common flood zone like AE7. In an AE7 zone, FEMA’s Base Flood Elevation is 7 feet.
Now layer in the second constraint that makes LBI unique: most towns across the island cap maximum building height in the range of 32–35 feet. For this example, let’s use a common cap of 33 feet.
If your first livable floor must start around 11 feet, and your town’s max height is 33 feet, that leaves you with roughly:
That 22 feet sounds like a lot until you break it down into real building components: floor systems, ceiling heights, and roof design all take up vertical space quickly. In many cases, this math pushes new builds toward two true livable floors instead of three.
- Most likely outcome: Two livable floors
- Possible in some cases: Three livable floors, but often with reduced ceiling heights, tighter top-floor layouts, or roofline compromises
This is where LBI homeowners feel the impact the most. Many buyers on the island place a premium on airy, open, coastal interiors — high ceilings, expansive living/dining rooms, and a light, elevated feel. When elevation requirements rise but height limits do not, homes can become more compressed and less open, forcing design tradeoffs that change the look and feel of modern LBI construction.
Will LBI Towns Raise Maximum Building Height Limits?
There has been discussion among some Long Beach Island municipalities about potentially increasing maximum allowed building heights to offset the new flood elevation requirements. However, there is no guarantee this will happen — and even if it does, the process will likely take time.
Any change would require zoning ordinance amendments, planning board review, public hearings, and community approval. These proposals often face opposition because allowing a neighboring home to build higher can restrict or eliminate nearby properties’ water views — which are a major driver of value on LBI.
For buyers considering tear-downs or new construction, it is safest to plan projects based on current height restrictions and treat any future zoning changes as uncertain.
Questions About the New 4-Foot Flood Rule?
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