Enclosures Below Base Flood Elevation
Non-Conversion Agreement Frequently Asked Questions
I have a building permit Condition that requires me to submit a Non-Conversion Agreement. What does this mean?
The Non-Conversion Agreement is for use in the flood hazard area for either new construction, substantial improvement (including substantial damage), alteration, or repair of the following: (1) Enclosures below elevated buildings, (2) Crawl/Underfloor spaces that are more than 5 feet in height, (3) Detached accessory structures that are not elevated and are larger than 120 square feet in area (this means it is a Flood Design Class 1 structure with flood openings).
An example of an enclosure with flood openings:
What if I do not want to sign the Non-Conversion Agreement?
If possible, you can (a) elevate a detached accessory structure to meet base flood elevation, (b) change the design of your structure to no longer require an agreement, (c) remove the structure from the flood hazard area through a Letter of Map Change Process (LOMA).
Who can sign the Non-Conversion Agreement?
The property owner must sign the Non-Conversion Agreement. When a Floodplain Development Permit Application is required, you will complete a Non-Conversion Agreement Letter of Understanding in preparation for filing the deed restriction.
Why do I need to record the Non-Conversion Agreement?
The Non-Conversion Agreement provides public awareness about construction design requirements for current and future property owners. This reduces the potential for un-authorized construction activity with the goal of helping protect life and property. The Non-Conversion Agreement is recognized as a FEMA and State of New Jersey best management practice.