reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:16A-12 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-12 - Easement rights; termination

58:16A-12. Easement rights; termination  If the commissioner shall determine subsequent to the taking of a temporary easement right in property that the purposes for which such easement right was acquired have been accomplished and that the use and occupancy of said property for flood control purposes are no longer necessary, and that, therefore, the term of such easement should be further limited, or if the taking of such easement was for an indefinite period, that such period should be fixed and determined, or that the period of such easement has by its terms expired, he shall make his certificate that the use and occupancy of such property for flood control purposes are no longer necessary, that the property in which such easement right was acquired is surrendered back to the affected owner of said property and that such easement rights are thereupon terminated, released and extinguished. The said commissioner shall cause a copy of such certificate to be filed in the office of the Clerk of the Superior Court. Upon the filing of such certificate in the office of the Clerk of the Superior Court all rights acquired by the State in such property shall cease and determine. The said commissioner shall cause a copy of such certificate together with notice of the filing thereof in the office of the Clerk of the Superior Court to be mailed to the owner of the property affected, as certified by the Attorney General, if the place of residence of such owner is known or can be ascertained by a reasonable effort. A further copy of such certificate and notice of filing shall be filed in the office of the recording officer of each county wherein the property affected is situated. On the filing of such certificate and notice with such officer it shall be the duty of such officer to record same in the books used for recording deeds in the office of such officer. L.1948, c. 351, p. 1416, s. 12. Amended by L.1953, c. 54, p. 963, s. 33; L.1979, c. 358, s. 10, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-14 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-14 - Completed works; maintenance

58:16A-14. Completed works; maintenance  After the completion of any Federal flood control project or a portion thereof and after such project or portion thereof has been formally turned over to the State by the Federal Government, such completed works shall be maintained by the commissioner under the controlling principle that flood control is the primary purpose. L.1948, c. 351, p. 1417, s. 14. Amended by L.1979, c. 358, s. 11, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-15 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-15 - Payment of moneys appropriated

58:16A-15. Payment of moneys appropriated  The moneys hereby appropriated shall be payable on the audit and warrant of the treasurer on vouchers approved by the commissioner. L.1948, c. 351, p. 1417, s. 15. Amended by L.1979, c. 358, s. 12, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-16 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-16 - Approval of projects by legislature

58:16A-16. Approval of projects by legislature  Notwithstanding any other paragraph of this act, the Commissioner of Conservation shall not exercise any of the powers granted hereinunder until said project or projects shall have been first approved by an act of the Legislature. L.1948, c. 351, p. 1417, s. 16.
NJ Rev Stat § 58:16A-17 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-17 - Money received pursuant to Federal Flood Control Act of 1938; disbursement; expenditures

58:16A-17. Money received pursuant to Federal Flood Control Act of 1938; disbursement; expenditures  Whenever, pursuant to the Federal Flood Control Act of 1938 as supplemented by the Act of August 18, 1941 as amended, the State Treasurer has received or shall receive from the Federal Government all or any part of the moneys received and deposited in the Treasury of the United States on account of the leasing of lands acquired by the United States for flood control, navigation and allied purposes, the State Treasurer shall forthwith pay over said funds to the county or counties in which such property is situate, in proportion to the receipts obtained from the leases of the properties in the respective counties, to be expended by said county or counties for the benefit of any of the public schools and public roads either under the jurisdiction of the county or of the municipality in which any of the aforesaid properties may lie, or for defraying the expenses of county government in such county; provided, that when such property is situated in more than one county, the distributive share to each county from the proceeds of such property shall be proportional to its area therein; and all of said moneys received by the State Treasurer as aforesaid are hereby appropriated to the several counties as hereinbefore provided for the purposes set forth herein. L.1957, c. 67, p. 131, s. 1. Amended by L.1977, c. 181, s. 1, eff. Aug. 18, 1977.
NJ Rev Stat § 58:16A-50 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-50 - Short title; declaration of policy

58:16A-50. Short title; declaration of policy  a. This act shall be known and may be cited as the "Flood Hazard Area Control Act." b. It is in the interest of the safety, health, and general welfare of the people of the State that legislative action be taken to empower the Department of Environmental Protection to delineate and mark flood hazard areas, to authorize the Department of Environmental Protection to adopt land use regulations for the flood hazard area, to control stream encroachments, to coordinate effectively the development, dissemination, and use of information on floods and flood damages that may be available, to authorize the delegation of certain administrative and enforcement functions to county governing bodies and to integrate the flood control activities of the municipal, county, State and Federal Governments. L.1962, c. 19, s. 1. Amended by L.1972, c. 185, s. 2, eff. Dec. 14, 1972; L.1979, c. 359, s. 2, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-51 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-51 - Definitions

58:16A-51. Definitions  As used in this act, unless the context indicates another or different meaning or intent: (a) "Channel" means a watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water; (b) "Floodway" means the channel of a natural stream and portions of the flood hazard area adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any natural stream; (c) "Flood hazard area" means the floodway and the flood fringe area as determined by the department under section 3 hereof; (d) "Relative risk" means the varying degrees of hazard to life and property in a flood hazard area which are occasioned by differences in depth and velocity of flood waters covering and flowing over it; (e) "Flood fringe area" means that portion of the flood hazard area not delineated as the floodway; (f) "Department" means the Department of Environmental Protection. (g) "Person" means and shall include corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, and shall also include all political subdivisions of this State or any agencies or instrumentalities thereof. L.1962, c. 19, s. 2. Amended by L.1972, c. 185, s. 3, eff. Dec. 14, 1972; L.1979, c. 359, s. 3, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-53 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-53 - Markers

58:16A-53. Markers  The department may conspicuously mark in the field (1) any flood hazard area delineated by the department, and (2) any other area the department may deem necessary to effectuate the purposes of this act. The department may erect markers on any property belonging to the State, or any agency or instrumentality thereof. Such markers may be erected on any county, municipal, or private property provided that such county, municipality, or owner shall have consented thereto. No person may remove, deface or otherwise disturb any marker erected under the provisions of this act. L.1962, c. 19, s. 4. Amended by L.1979, c. 359, s. 13, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55 - Land in designated floodway; rules, regulations and orders concerning development and use; waiver

58:16A-55. Land in designated floodway; rules, regulations and orders concerning development and use; waiver  (a) The department is authorized to adopt, amend and repeal rules and regulations and to issue orders concerning the development and use of land in any delineated floodway which shall be designed to preserve its flood carrying capacity and to minimize the threat to the public safety, health and general welfare. Such rules and regulations or orders may require the approval of the department for specified changes in the use of land within any such floodway. (b) Provision shall be made by the department for the waiver, according to definite criteria, of strict compliance with the rules and regulations, where necessary to alleviate hardship. L.1972, c. 185, s. 4, eff. Dec. 14, 1972. Amended by L.1979, c. 359, s. 5, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.1 - Repair or rebuilding of lawful preexisting structure within flood hazard area

58:16A-55.1. Repair or rebuilding of lawful preexisting structure within flood hazard area  No rule or regulation adopted pursuant to section 4 or 7 of P.L.1972, c. 185 (C. 58:16A-55 or 58) shall prevent the repair or rebuilding within a flood hazard area of any lawful preexisting structure which was damaged by a flood or by any other means. L.1977, c. 385, s. 1, eff. Feb. 10, 1978.
NJ Rev Stat § 58:16A-55.2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.2 - Structure or alteration within area subject to inundation by 100 year design flood of nondelineated stream; approval; conditions

58:16A-55.2. Structure or alteration within area subject to inundation by 100 year design flood of nondelineated stream; approval; conditions  a. No structure or alteration within the area which would be inundated by the 100 year design flood of any nondelineated stream shall be made, rebuilt or renewed by any person without the approval of the department and without complying with such conditions as the department may prescribe for preserving such area and providing for the flow of water therein to safeguard the public against danger from the waters impounded or affected by such structure or alteration. No such approval by the department shall impair or affect any property rights otherwise existing which might be invaded by the construction or maintenance of any such structure or alteration. b. The department is authorized, pursuant to the "Administrative Procedure Act" P.L.1968, c. 410 (C. 52:14B-1 et seq.), to adopt, amend or repeal rules and regulations and to issue orders concerning the making, rebuilding or renewing of any structure or alteration and the development or use of land in the area which would be inundated by the 100 year design flood of any nondelineated stream, which rules and regulations shall be designed to preserve the flood carrying capacity of the stream to minimize the threat to the public safety, health and general welfare. Such rules and regulations shall include a provision which exempts, according to definite criteria, certain minor structures or alterations of a specific size or type from the provisions of subsection a. of this section. L.1979, c. 359, s. 6, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55.3 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.3 - Application for development under Municipal Land Use Law; approval by department

58:16A-55.3. Application for development under Municipal Land Use Law; approval by department  No application for development as defined in the "Municipal Land Use Law," P.L.1975, c. 291 (C. 40:55D-1 et seq.), for a structure within the area which would be inundated by the 100 year design flood of any nondelineated stream or for a change in land use within a delineated floodway or any State-administered and delineated flood fringe area when such change would require departmental approval, may be granted by any municipality to any person without application to and approval by the department as required pursuant to this act. L.1979, c. 359, s. 9, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55.4 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.4 - County stormwater control and drainage plans; utilization on determinations of approval

58:16A-55.4. County stormwater control and drainage plans; utilization on determinations of approval  Any county governing body may prepare a stormwater control and drainage plan for the county. Such plans shall be prepared after consultation and discussion with the Department of Environmental Protection and with adjacent counties and shall consider and evaluate the impact of any developments within the county or upstream from the county on the streams within the county and downstream from the county. Such plans may be financed in part from the "Emergency Flood Control Bond Act" (P.L.1978, c. 78). County stormwater control and drainage plans prepared as herein provided shall be utilized by the department in deciding to approve or disapprove any application submitted pursuant to this act. L.1979, c. 359, s. 10, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55.5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.5 - County water resources associations

58:16A-55.5. County water resources associations  Any county governing body may by ordinance or resolution as appropriate, create a county water resources association which may include the chief administrative officer of any county planning agency, county engineers office, county utilities authority, county health department, county mosquito commission, county soil conservation district, or county parks agency and any other public or private members. The county water resources association shall advise the county governing body, shall coordinate the flood control and water management programs for the county and shall have such powers as the county governing body may delegate to it concerning water management in the ordinance or resolution of creation. L.1979, c. 359, s. 11, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55.6 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.6 - Delegation of power to approve or disapprove application to county governing body

58:16A-55.6. Delegation of power to approve or disapprove application to county governing body  The Department of Environmental Protection may delegate its power to approve or disapprove any application made to it pursuant to this act and its power to enforce any aspect of this act to a county governing body which agrees to accept such designation and in the department's judgment is capable of utilizing the rules, regulations and standards adopted by the department for the administration of this program. The department shall review this delegation at least biannually and may revoke such delegation for failure to properly administer such delegated powers. The county governing body may charge the same fees promulgated by the commissioner pursuant to P.L.1975, c. 232 (C. 13:1D-33), when such powers are delegated to it. L.1979, c. 359, s. 12, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-55.7 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.7 - Exemptions to requirement for permit to repair dam

58:16A-55.7. Exemptions to requirement for permit to repair dam  2. The Commissioner of Environmental Protection shall not require a permit for the repair of any dam used for agricultural purposes within a special agricultural production area designated pursuant to N.J.A.C.7:50-5.14 in the pinelands area. L.1995,c.402,s.2.
NJ Rev Stat § 58:16A-55.8 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-55.8 - Hazardous substances, placing, storing in certain flood plains, prohibited.

58:16A-55.8 Hazardous substances, placing, storing in certain flood plains, prohibited.  2. a. No person shall place or store, or cause to be placed or stored, any containers holding hazardous substances as defined in section 3 of P.L.1976, c.141 (C.58:10-23.11b) in a 100-year flood plain, as defined by the Commissioner of Environmental Protection in rules and regulations adopted pursuant to the provisions of the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), unless: (1) The facility at which any containers holding hazardous substances are to be placed or stored is in compliance with flood protection measures to prevent the release of hazardous substances due to flooding, as follows: (a) an approved engineering design of site-specific flood protection devices designed to prevent washout; or (b) an approved written plan of emergency procedures for removing the containers to safety or out of the facility before the facility is flooded; and (2) Every container is visibly marked in a manner determined in rules and regulations adopted by the department pursuant to the "Administrative Procedure Act" with a label designed and affixed to ensure that the label shall remain visible and in place if there is a flood or other natural disaster stating the following: Caution: Hazardous Contents To be handled and opened only by authorized personnel If found, please contact  The New Jersey Department of Environmental Protection 1-877-927-6337 b. The labeling requirements of subsection a. of this section shall not apply to containers required to be labeled pursuant to other State or federal laws or containers labeled pursuant to the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. s.136 et seq. c. For the purposes of this section, "container" means a receptacle used to hold a liquid, solid, or gaseous substance, including, but not limited to, bottles, bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and stationary or mobile storage tanks; except that "container" shall not include process containers, pipelines or underground storage tanks. L.2007,c.190,s.2.
NJ Rev Stat § 58:16A-56 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-56 - Minimum standards for local rules and regulations

58:16A-56. Minimum standards for local rules and regulations  The department shall promulgate minimum standards for the adoption of local rules and regulations concerning the development and use of land in the flood fringe area designed to minimize the threat to the public safety, health and general welfare. L.1972, c. 185, s. 5, eff. Dec. 14, 1972.
NJ Rev Stat § 58:16A-57 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-57 - Rules and regulations by affected municipality or other responsible entity for development and use of land in flood fringe area

58:16A-57. Rules and regulations by affected municipality or other responsible entity for development and use of land in flood fringe area  Within 12 months after the delineation of any flood hazard area, and at least 12 months after the promulgation of standards by the department, the affected municipality or other responsible entity shall adopt rules and regulations concerning the development and use of land in the flood fringe area which at least conform to the standards promulgated by the department. L.1972, c. 185, s. 6, eff. Dec. 14, 1972.
NJ Rev Stat § 58:16A-58 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-58 - Failure to adopt or enforce local rules and regulations; action by department

58:16A-58. Failure to adopt or enforce local rules and regulations; action by department  If any affected municipality or other responsible entity fails to adopt or fails to enforce rules and regulations concerning the development and use of land in the flood fringe area which at least conform to the standards promulgated by the department within the specified period, thereafter the department may adopt such rules and regulations which shall be applicable to the particular flood fringe area. Such rules and regulations may require application to and approval by the department for such development or use within any such flood fringe area. L.1972, c. 185, s. 7, eff. Dec. 14, 1972. Amended by L.1979, c. 359, s. 14, eff. Jan. 31, 1980.
NJ Rev Stat § 58:16A-59 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-59 - Adoption of rules and regulations by department; requirements

58:16A-59. Adoption of rules and regulations by department; requirements  No rule or regulation adopted by the department pursuant to sections four or seven of this act shall become effective until after notice and public hearing before the department as required by the Administrative Procedures Act (C. 52:14-1 et seq.). L.1972, c. 185, s. 8, eff. Dec. 14, 1972.
NJ Rev Stat § 58:16A-60 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-60 - Inapplicability of rules and regulations to lands regulated by Wetlands Act of 1970

58:16A-60. Inapplicability of rules and regulations to lands regulated by Wetlands Act of 1970  Any rules and regulations adopted pursuant to this act shall not apply to the extent that lands affected thereby are regulated pursuant to "the Wetlands Act of 1970" (P.L.1970, c. 272) (C. 13:9A-1 et seq.).  L.1972, c. 185, s. 9, eff. Dec. 14, 1972.
NJ Rev Stat § 58:16A-60.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-60.1 - Zero net fill requirement in flood hazard areas, certain.

58:16A-60.1 Zero net fill requirement in flood hazard areas, certain.  43. Notwithstanding the provisions of the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection, pursuant to section 34 of P.L.2004, c.120 (C.13:20-32), shall establish a zero net fill requirement within any flood hazard area located in the Highlands preservation area as defined in section 3 of P.L.2004, c.120 (C.13:20-3). L.2004,c.120,s.43.
NJ Rev Stat § 58:16A-61 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-61 - Establishment of full value of lands for assessment

58:16A-61. Establishment of full value of lands for assessment  Local assessors shall consider the impact of rules or regulations issued pursuant to this act in establishing full value of lands designated as floodways or as flood fringe areas. L.1972, c. 185, s. 10, eff. Dec. 14, 1972.
NJ Rev Stat § 58:16A-62 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:16A-62 - Local rules and regulations more restrictive than state standards; authorization

58:16A-62. Local rules and regulations more restrictive than state standards; authorization  Any municipal or other entity vested with authority to adopt rules and regulations concerning the development and use of land may adopt requirements more restrictive than those contained in the rules and regulations adopted by the department for the floodway and than those contained in the minimum standards promulgated by the department. L.1972, c. 185, s. 11, eff. Dec. 14, 1972.