reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.6 - Permit-by-rule 6-removal of major obstructions from a regulated water with machinery

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 6 authorizes the use of machinery to remove one or more major
				obstructions from a regulated water that cannot be removed by hand, such as a
				fallen tree, abandoned vehicle, furniture, and other large debris, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All machinery is situated outside the
				regulated water, except for handheld equipment such as chainsaws. Heavy
				machinery such as backhoes may be used to reach into the regulated water to
				remove material, but cannot be driven or otherwise placed in the regulated
				water;
2. No fill material or
				accumulated sediment is removed from the regulated water;
3. No riparian zone vegetation is cleared,
				cut, and/or removed, unless such disturbance is unavoidable, necessary to gain
				access to the regulated water, and minimized; and
4. All material removed from the regulated
				water is disposed of outside of any regulated area and in accordance with all
				applicable Federal, State, and local laws.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.7 - Permit-by-rule 7-placement of no more than five cubic yards of landscaping material

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 7 authorizes the placement of no more than five cubic yards of
				landscaping material, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The landscaping material is not placed
				within a floodway;
2. No
				disturbance is located within 25 feet of any top of bank, unless the project
				lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment
				along a tidal water or impounded fluvial water;
3. The landscaping material does not
				constitute a structure. For example, five cubic yards of stone, topsoil, wood
				chips, or other landscaping material can be placed under this permit-by-rule
				but the construction of a building that displaces five cubic yards of flood
				storage volume cannot;
4. Any
				clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas; and
5. No
				more than 2,000 square feet of riparian zone vegetation is cleared, cut, or
				removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.8 - Permit-by-rule 8 - construction at or below grade in a fluvial flood hazard area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				8 authorizes construction at or below grade construction in a fluvial flood
				hazard area, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All construction is situated at or below
				grade and the existing ground elevation is not raised;
2. No habitable building, fuel tank, solar
				panel, or underground utility line that conveys a gas or liquid is
				constructed;
3. No disturbance is
				located within 25 feet of any top of bank, unless the project lies adjacent to
				a lawfully existing bulkhead, retaining wall, or revetment along a tidal water
				or impounded fluvial water;
4. Any
				clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas; and
5.
				The project, in combination with all activities onsite since November 5, 2007,
				will not result in a net loss of greater than one-quarter acre of riparian zone
				vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.9 - Permit-by-rule 9 - general construction activities in a tidal flood hazard area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				9 authorizes general construction activities in a tidal flood hazard area,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The existing ground elevation is not
				raised in any floodway;
2. No
				aboveground structure is constructed in any floodway;
3. No habitable building, fuel tank, solar
				panel, or underground utility line that conveys a gas or liquid is
				constructed;
4. No disturbance is
				located within 25 feet of any top of bank, unless the project lies adjacent to
				a lawfully existing bulkhead, retaining wall, or revetment along a tidal water
				or impounded fluvial water;
5. Any
				clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas; and
6.
				The project, in combination with all activities onsite since November 5, 2007,
				will not result in a net loss of greater than one-quarter acre of riparian zone
				vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.10 - Permit-by-rule 10 - general construction activities located outside a flood hazard area in a riparian zone

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 10 authorizes general construction activities located outside a
				flood hazard area in a riparian zone, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No fuel tank, solar panel, or underground
				utility line that conveys a gas or liquid is constructed;
2. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
3. Any clearing, cutting,
				and/or removal of riparian zone vegetation is limited to actively disturbed
				areas; and
4. The project, in
				combination with all activities onsite since November 5, 2007, will not result
				in a net loss of greater than one-quarter acre of riparian zone
				vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.11 - Permit-by-rule 11 - reconstruction, relocation, and/or elevation of a lawfully existing building

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 11 authorizes the reconstruction, relocation, and/or elevation
				of a lawfully existing building located outside a floodway at the time of
				reconstruction, relocation, and/or elevation, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The building is not expanded within or
				relocated into a floodway;
2. The
				footprint of the existing building does not increase by more than 400 square
				feet, cumulatively, since November 5, 2007;
3. The lowest floor of the building is
				reconstructed or elevated to at least one foot above the flood hazard area
				design flood elevation and no lower than the elevation required under the
				Uniform Construction Code, N.J.A.C. 5:23;
4. Any new enclosure below the lowest floor
				of the building is not used for habitation, remains open to floodwaters, and is
				constructed in accordance with
				N.J.A.C.
				7:13-12.5(p);
5. Any existing enclosure below the lowest
				floor of the building, which does not conform to the requirements of
				N.J.A.C.
				7:13-12.5(p), such as a
				basement having a floor that is below grade along all adjoining exterior walls,
				is abandoned, filled-in, and/or otherwise modified to conform with the
				requirements of
				N.J.A.C.
				7:13-12.5;
6. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
7. Any building being
				relocated is either moved outside a riparian zone or located within an actively
				disturbed area; and
8. No riparian
				zone vegetation is cleared, cut, and/or removed, except for vegetation within
				20 feet of the building, where such disturbance is necessary to access the
				building and facilitate its reconstruction, relocation, and/or
				elevation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.12 - Permit-by-rule 12 - construction of an addition(s) to a lawfully existing habitable building

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 12 authorizes the construction of one or more additions above or
				adjoining a lawfully existing habitable building located outside a floodway at
				the time of the construction, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The addition is not located within a
				floodway;
2. The footprint of the
				existing building does not increase by more than 400 square feet, cumulatively,
				since November 5, 2007;
3. The
				lowest floor of the addition is constructed at least one foot above the flood
				hazard area design flood elevation, and no lower than the elevation required
				under the Uniform Construction Code, N.J.A.C. 5:23;
4. The construction of the addition, in
				combination with all other proposed improvements, does not result in a
				substantial improvement to the building;
5. Any enclosure below the lowest floor of
				the addition is not used for habitation, remains open to floodwaters, and is
				constructed in accordance with
				N.J.A.C.
				7:13-12.5(p);
6. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water; and
7. No riparian zone
				vegetation is cleared, cut, and/or removed, except for vegetation within 20
				feet of the building, where such disturbance is necessary to access the
				building and facilitate the construction of the addition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.13 - Permit-by-rule 13-construction of a non-habitable building(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				13 authorizes the construction of one or more non-habitable buildings, such as
				a shed, animal shelter, or storage area, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The building is not located within a
				floodway;
2. The footprint of all
				buildings constructed under this permit-by-rule does not exceed 200 square
				feet, cumulatively, since November 5, 2007;
3. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water; and
4. No trees are cleared,
				cut, and/or removed in a riparian zone except within 10 feet of a proposed
				building, where such disturbance is necessary for its placement or
				construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.14 - Permit-by-rule 14-construction of a partially-open structure(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				14 authorizes the construction of one or more partially-open structures with a
				roof, such as a car port, covered patio, or pole barn, provided the conditions
				at N.J.A.C. 7:13-6.7 are met and:
1. The structure is not located within a
				floodway;
2. The structure is not
				enclosed with walls on any side below the flood hazard area design flood
				elevation;
3. The roof is supported
				solely by poles or is cantilevered from an adjoining structure;
4. The footprint of all structures
				constructed under this permit-by-rule does not exceed 5,000 square feet,
				cumulatively, since November 5, 2007;
5. No fill is placed in the flood hazard area
				except for any poles necessary to support the roof;
6. Any clearing, cutting, and/or removal of
				riparian zone vegetation is limited to actively disturbed areas; and
7. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.15 - Permit-by-rule 15-construction of barrier-free access to a building

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				15 authorizes the construction of barrier-free access to a building, such as
				stairs, ramps, or fire-escapes, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and the access is:
1. Required by a public entity;
2. Constructed in accordance with the
				Americans with Disabilities Act of 1990,
42 U.S.C. §§
												12101
et seq.;
3. Constructed outside any channel;
				and
4. Constructed outside a
				floodway, unless location in the floodway is unavoidable. Where the access is
				unavoidably located in a floodway, it shall be oriented to minimize obstruction
				to flow and shall be constructed of material that will remain open to the
				passage of floodwaters, such as stairs and ramps that are open underneath and
				not placed on fill material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.16 - Permit-by-rule 16-construction of a deck

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 16 authorizes the
				construction of a deck that is connected to a lawfully existing building,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The deck, if located in a flood hazard
				area, is not enclosed with walls either above or below its floor, except for
				protective or decorative fencing, banisters, or latticework that allow
				floodwaters to pass freely;
2. No
				disturbance is located within 25 feet of any top of bank, unless the project
				lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment
				along a tidal water or impounded fluvial water; and
3. The project will not result in a net loss
				of greater than 2,000 square feet of riparian zone vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.17 - Permit-by-rule 17-construction of a dock, pier, or boathouse

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 17 authorizes the
				construction of a fixed or floating dock, pier, or boathouse in tidal regulated
				waters and certain impounded fluvial regulated waters, provided the conditions
				at N.J.A.C. 7:13-6.7 are met and:
1. Where the dock, pier, or boathouse is
				situated along a fluvial regulated water, the following requirements are
				satisfied:
i. The dock, pier, or boathouse is
				constructed within an impounded regulated water, such as a lake, pond or
				reservoir, which:
(1) Has a surface area of
				one acre or more; or
(2) Is
				situated along a regulated water that has a drainage area of less than one
				square mile;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.18 - Permit-by-rule 18-construction of a boat launching ramp

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 18 authorizes the
				construction of a boat launching ramp, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The ramp is constructed at or below
				grade;
2. The ramp has a footprint
				of no more than 2,000 square feet;
3. The timing restrictions set forth at
7:13-11.5(d)
are observed; and
4. No
				riparian zone vegetation is cleared, cut, and/or removed, except for vegetation
				within 10 feet of the ramp, where such disturbance is necessary to facilitate
				its construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.19 - Permit-by-rule 19-replacement, renovation, or reconstruction of certain water dependent structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 19 authorizes the replacement, renovation, or reconstruction of
				one or more of the following water dependent structures, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met, the timing restrictions set
				forth at
7:13-11.5(d)
are observed, and the structure is not a habitable building:
1. Any dock, wharf, pier, or bulkhead that
				meets the requirements of
N.J.A.C. 7:7
-2.4(d)6; and
2. Any floating dock, mooring raft, or
				similar temporary or seasonal improvement or structure that meets the
				requirements of
N.J.A.C. 7:7
-2.4(d)7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.20 - Permit-by-rule 20-construction of a fence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 20 authorizes the
				construction of a fence, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No disturbance is located within 25 feet
				of any top of bank, unless the fence lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
2. No trees are cleared,
				cut, and/or removed in a riparian zone; and
3. Any fence located in a floodway has
				sufficiently large openings so as not to catch debris during a flood and
				thereby obstruct floodwaters, such as a barbed-wire, split-rail, or strand
				fence. A fence with little or no open area, such as a chain link, lattice, or
				picket fence, does not meet this requirement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.21 - Permit-by-rule 21-construction of a swimming pool associated with residential use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				21 authorizes the construction of a swimming pool associated with residential
				use, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The existing ground elevation is not
				raised in a floodway;
2. No
				aboveground pool is constructed in a floodway;
3. For a pool within a fluvial flood hazard
				area:
i. Any aboveground pool does not
				displace more than 100 cubic yards of flood storage volume (see
7:13-11.4
);
ii. Any in-ground pool lies at or below
				existing grade, except for incidental grading necessary for installation and
				portions of the pool structure itself that lie aboveground, such as railings
				and diving boards; and
iii. Any
				material excavated to construct the pool is removed from the flood hazard
				area;
4. No disturbance
				is located within 25 feet of any top of bank, unless the pool lies adjacent to
				a lawfully existing bulkhead, retaining wall, or revetment along a tidal water
				or impounded fluvial water;
5. Any
				clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas; and
6.
				The activity will not result in a net loss of greater than 5,000 square feet of
				riparian zone vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.22 - Permit-by-rule 22-construction of a trail and/or boardwalk

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 22 authorizes the creation
				of a trail and/or boardwalk, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The trail or boardwalk is no more than six
				feet wide;
2. The existing ground
				elevation is not raised in any floodway or fluvial flood hazard area. Boardwalk
				planks may be elevated above the ground, provided that the area underneath
				remains open to the passage of floodwaters, if constructed in a flood hazard
				area;
3. No disturbance is located
				within 25 feet of any top of bank, except:
i.
				Where necessary to access a footbridge, dock, or pier connected to the trail
				and/or boardwalk; or
ii. When the
				trail and/or boardwalk is located adjacent to a lawfully existing bulkhead,
				retaining wall, or revetment along a tidal water or impounded fluvial
				water;
4. No trees are
				cleared, cut, and/or removed in a riparian zone; and
5. The trail and/or boardwalk will not result
				in a net loss of greater than one-quarter acre of riparian zone
				vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.23 - Permit-by-rule 23-construction of a footbridge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 23 authorizes the
				construction of a footbridge across a regulated water, provided the conditions
				at N.J.A.C. 7:13-6.7 are met and:
1. The footbridge is no more than eight feet
				wide and six inches thick;
2. Any
				pinning or anchoring of the footbridge is accomplished without construction in
				the channel;
3. The area above and
				below the footbridge remain open to the passage of floodwaters;
4. The existing ground elevation is not
				raised to accommodate or provide access to the footbridge; and
5. No trees are cleared, cut, and/or removed
				in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.24 - Permit-by-rule 24-construction of a tank

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 24 authorizes the
				construction of a tank, either above or below ground, provided the conditions
				at N.J.A.C. 7:13-6.7are met and:
1. Any tank located in a flood hazard area is
				designed to remain watertight during a flood;
2. For any tank situated aboveground:
i. The tank is not located within a
				floodway;
ii. The tank is located
				within or adjacent to a lawfully existing building; and
iii. The capacity of the tank does not exceed
				2,000 gallons;
3. No
				disturbance is located within 25 feet of any top of bank, unless the project
				lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment
				along a tidal water or impounded fluvial water;
4. Any clearing, cutting, and/or removal of
				riparian zone vegetation is limited to actively disturbed areas; and
5. The cumulative footprint of all tanks,
				which have been constructed under any permit under this chapter, does not
				exceed 5,000 square feet since November 5, 2007.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.25 - Permit-by-rule 25-construction of an aboveground athletic and/or recreational structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 25 authorizes the construction of one or more aboveground
				athletic and/or recreational structures, such as a backstop, bleacher, picnic
				table, or playground equipment, provided the conditions at
				N.J.A.C.
				7:13-6.7are met and:
1. No buildings are constructed in a flood
				hazard area;
2. Any structure
				placed in a floodway is constructed of material that will remain open to the
				passage of floodwaters;
3. The
				existing ground elevation is not raised in any floodway or fluvial flood hazard
				area;
4. The cumulative footprint
				of all structures described at (a) above, which have been erected under any
				permit under this chapter, does not exceed one-quarter acre since November 5,
				2007;
5. Any clearing, cutting,
				and/or removal of riparian zone vegetation is limited to actively disturbed
				areas; and
6. No disturbance is
				located within 25 feet of any top of bank, unless the project lies adjacent to
				a lawfully existing bulkhead, retaining wall, or revetment along a tidal water
				or impounded fluvial water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.27 - Permit-by-rule 27-repair, maintenance, and/or dredging of a manmade canal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				27 authorizes the repair, maintenance, and/or dredging of the channel and/or
				embankments of a currently serviceable, manmade canal, which passes through a
				regulated area, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. A public entity having jurisdiction over
				the canal determines that the proposed repair, maintenance, and/or dredging is
				necessary for proper operation of the canal;
2. No fill is placed in any floodway or
				fluvial flood hazard area, except where necessary to restore a failed
				embankment to its pre-failure condition;
3. No dredge material is placed in a flood
				hazard area; and
4. No trees are
				cleared, cut, and/or removed in a riparian zone outside the canal and its
				embankment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.28 - Permit-by-rule 28-filling of an abandoned raceway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 28 authorizes the filling
				of an abandoned raceway adjacent to a regulated water, provided the conditions
				at N.J.A.C. 7:13-6.7 are met and:
1. For the purposes of this permit-by-rule, a
				raceway is a conveyance structure that was created to divert water from a
				channel for the purpose of providing hydrology or hydraulic power before
				returning the water to the channel;
2. The raceway is blocked at one or both ends
				so that water from the channel is not able to flow through the raceway under
				normal flow conditions;
3. The
				raceway does not supply hydrology to an otherwise isolated freshwater wetlands
				complex; and
4. The raceway is
				filled up to, but not above, the surrounding topography and the entire
				disturbed area is properly graded so as not to interfere with overland
				drainage.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.30 - Permit-by-rule 30-placement of solar panels and associated equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				30 authorizes the placement of solar panels and associated equipment, provided
				the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No panels and associated equipment are
				placed in a floodway;
2. The
				existing ground elevation is not raised in any floodway or fluvial flood hazard
				area;
3. Except for vertical
				support poles, all panels, cross-bracing, and other structural components, and
				all associated equipment are elevated to at least one foot above the flood
				hazard area design flood elevation. This permit-by-rule does not authorize the
				placement of solar panels that rely on ballast systems or concrete foundations
				for support;
4. No disturbance is
				located within 25 feet of any top of bank, unless the project lies adjacent to
				a lawfully existing bulkhead, retaining wall, or revetment along a tidal water
				or impounded fluvial water; and
5.
				Any clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.31 - Permit-by-rule 31-placement of a floating aerator

Current through Register Vol. 56, No. 14, July 15, 2024
Permit-by-rule 31 authorizes the placement of a floating
				  aerator in an impounded water or naturally occurring lake, pond, or reservoir,
				  provided the conditions at
				  N.J.A.C.
				  7:13-6.7 are met and no trees are cleared,
				  cut, and/or removed in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.32 - Permit-by-rule 32-construction of an aquatic habitat enhancement device

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				32 authorizes the construction of an aquatic habitat enhancement device,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The device is approved by the U.S. Fish
				and Wildlife Service and/or the Department's Division of Fish and
				Wildlife;
2. The device will not
				cause erosion in the regulated water;
3. The device will not cause any rise in the
				flood hazard area design flood elevation outside the regulated water;
4. The device will not cause any existing
				building to be subject to increased flooding during any flood event described
				in
7:13-12.1(i)
;
5. No more than 2,000
				square feet of riparian zone vegetation is cleared, cut, and/or removed;
				and
6. The timing restrictions set
				forth at
7:13-11.5(d)
are observed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.33 - Permit-by-rule 33-placement of one or more utility poles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 33 authorizes the
				placement of one or more utility poles for utility lines, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No disturbance is located within 10 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
2. All wires and cables
				supported by the utility poles are situated at least one foot above the flood
				hazard area design flood elevation; and
3. No trees are cleared, cut, and/or removed
				in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.34 - Permit-by-rule 34 - placement of one or more utility open-frame towers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				34 authorizes the placement of one or more open-frame towers to provide
				cellular telephone service or to support a utility line, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No tower and associated equipment is
				located within a floodway;
2. No
				disturbance is located within 25 feet of any top of bank, unless the project
				lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment
				along a tidal water or impounded fluvial water;
3. The footing of each tower within a fluvial
				flood hazard area is constructed primarily at or below grade, such that the top
				of the footing lies no more than 12 inches aboveground;
4. All wires and cables supported by the
				towers are situated at least one foot above the flood hazard area design flood
				elevation; and
5. No trees are
				cleared, cut, and/or removed in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.35 - Permit-by-rule 35 - placement of one or more utility monopole towers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				35 authorizes the placement of one or more monopole towers to provide cellular
				service or to support a utility line, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No tower and associated equipment is
				located within a floodway;
2. No
				disturbance is located within 25 feet of any top of bank, unless the project
				lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment
				along a tidal water or impounded fluvial water;
3. The diameter of each monopole tower within
				a fluvial flood hazard area is no greater than five feet;
4. All wires and cables supported by the
				towers are situated at least one foot above the flood hazard area design flood
				elevation; and
5. No trees are
				cleared, cut, and/or removed in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.36 - Permit-by-rule 36-placement of an underground utility line using directional drilling or jacking

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 36 authorizes the placement of an underground utility line
				beneath a regulated water through directional drilling or jacking, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The regulated water is not disturbed in
				any way except for temporary disturbance associated with soil borings necessary
				to ensure that the project is viable;
2. No trees are cleared, cut, and/or removed
				in a riparian zone;
3. All
				disturbed areas in the flood hazard area are restored to their original
				topography upon completion of the regulated activity;
4. Where the utility line is drilled or
				jacked beneath a bridge or culvert, all work is accomplished without displacing
				or damaging the bridge or culvert;
5. Where the utility line is drilled or
				jacked beneath an open channel, the top of the line is placed at least four
				feet below the channel invert and remains nominally horizontal at this depth at
				least 10 feet beyond the top of each bank;
6. The utility line is sealed to ensure that
				there will be no leakage or discharge in a regulated area;
7. No manhole is constructed within 10 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
8. The top of any manhole in
				a floodway is flush with the ground;
9. The top of any manhole in a flood fringe
				is flush with the ground, where feasible; and
10. Any manhole in a flood hazard area has a
				watertight cover.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.37 - Permit-by-rule 37-placement of an underground utility line beneath existing pavement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 37 authorizes the placement of an underground utility line
				beneath existing pavement within a regulated area, such as under an existing
				parking lot in the flood hazard area or under an existing roadway that crosses
				a regulated water, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The regulated water is not
				disturbed;
2. No riparian zone
				vegetation is cleared, cut, and/or removed;
3. All disturbed areas in the flood hazard
				area are restored to pre-construction topography upon completion of the
				regulated activity;
4. Where the
				utility line is placed under a roadway, either above or below a culvert or
				within a bridge, all work is accomplished without displacing or damaging the
				bridge or culvert;
5. Where the
				utility line is placed under a roadway, either above or below a culvert, the
				line is encased within a larger steel pipe, or is placed with at least one foot
				vertical clearance above or below the culvert;
6. The utility line is sealed to ensure that
				there will be no leakage or discharge in a regulated area;
7. No manhole is constructed within 10 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
8. Where the utility line
				runs parallel to a regulated water, the line is not constructed within 10 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
9. The top of any manhole in
				a floodway is flush with the ground;
10. The top of any manhole in a flood fringe
				is flush with the ground, where feasible; and
11. Any manhole in the flood hazard area has
				a watertight cover.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.38 - Permit-by-rule 38-attachment of a utility line to a lawfully existing roadway or railroad that crosses a regulated water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 38 authorizes the
				attachment of a utility line to a lawfully existing roadway or railroad that
				crosses a regulated water, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The regulated water is not
				disturbed;
2. No more than 1,000
				square feet of riparian zone vegetation is cleared, cut, and/or removed, and
				all such vegetation lies within an existing right-of-way that is periodically
				mowed and/or cleared;
3. All
				disturbed areas in the flood hazard area are restored to pre-construction
				topography upon completion of the regulated activity;
4. No part of the utility line, its
				encasement, or any attachment device extends above the profile of the roadway
				or railroad or across the opening of any bridge or culvert;
5. The portion of the utility line attached
				to the roadway or railroad is situated at least one foot above the flood hazard
				area design flood elevation;
6.
				Where a predominant direction of flow in the regulated water is discernible,
				the utility line is attached to the downstream face of the roadway or railroad
				crossing;
7. All work is
				accomplished without displacing or damaging any bridge or culvert under the
				roadway or railroad;
8. The utility
				line is sealed to ensure that there will be no leakage or discharge in a
				regulated area;
9. No manhole is
				constructed within 10 feet of any top of bank, unless the project lies adjacent
				to a lawfully existing bulkhead, retaining wall, or revetment along a tidal
				water or impounded fluvial water;
10. The top of any manhole in a floodway is
				flush with the ground;
11. The top
				of any manhole in a flood fringe is flush with the ground, where feasible;
				and
12. Any manhole in a flood
				hazard area has a watertight cover.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.39 - Permit-by-rule 39-placement of an underground utility line that does not cross a regulated water

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 39 authorizes the placement of an underground utility line that
				does not cross a regulated water, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All disturbed areas in the flood hazard
				area are restored to pre-construction topography upon completion of the
				regulated activity;
2. The utility
				line is sealed to ensure that there will be no leakage or discharge in a
				regulated area;
3. The top of any
				manhole in a floodway is flush with the ground;
4. The top of any manhole in a flood fringe
				is flush with the ground, where feasible;
5. Any manhole has a watertight cover in the
				flood hazard area;
6. No
				disturbance is located within 25 feet of any top of bank, unless the project
				lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment
				along a tidal water or impounded fluvial water; and
7. Any clearing, cutting, and/or removal of
				riparian zone vegetation is limited to actively disturbed areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.40 - Permit-by-rule 40-milling, repaving, and/or resurfacing of a lawfully existing pavement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 40 authorizes the milling, repaving, and/or resurfacing of a
				lawfully existing pavement, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The elevation of the surface of the
				pavement is not raised in a floodway;
2. The elevation of the surface of the
				pavement is raised by no more than three inches in any area mapped as a fluvial
				flood fringe on a Department delineation or within any area mapped by FEMA as a
				fluvial 100-year floodplain. Multiple milling, repaving, and/or resurfacing is
				permissible provided the cumulative impact of the activity does not result in
				raising the pavement by a total of more than three inches;
3. The area of pavement is not expanded;
				and
4. No riparian zone vegetation
				is cleared, cut, and/or removed, except for actively disturbed areas within 20
				feet of the pavement, where such disturbance is necessary to facilitate
				milling, repaving, and/or resurfacing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.41 - Permit-by-rule 41-placement of a guiderail along a lawfully existing public roadway

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 41 authorizes the placement of a guiderail adjacent to a
				lawfully existing public roadway, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The installation of the guiderail is
				required and overseen by the public entity having jurisdiction over the
				roadway;
2. No riparian zone
				vegetation is cleared, cut, and/or removed, except for vegetation within four
				feet of the guiderail, where such disturbance is necessary to comply with all
				State or Federal laws, requirements, or guidelines governing the placement,
				maintenance, and functionality of guiderails; and
3. No trees are cleared, cut, and/or removed
				in a riparian zone within 25 feet of any top of bank, unless the project lies
				adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a
				tidal water or impounded fluvial water.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.42 - Permit-by-rule 42-reconstruction of all or part of a lawfully existing bridge superstructure

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 42 authorizes the reconstruction of all or part of a lawfully
				existing bridge superstructure over a regulated water, provided the conditions
				at N.J.A.C. 7:13-6.7 are met and:
1. Any portion of the superstructure to be
				reconstructed that lies below the flood hazard area design flood elevation is
				replaced in-kind; and
2. No
				riparian zone vegetation is cleared, cut, and/or removed, except for vegetation
				within 20 feet of the structure, where such disturbance is necessary to
				facilitate its reconstruction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.43 - Permit-by-rule 43-placement of traffic safety structures on poles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				43 authorizes the placement of one or more traffic safety structures on poles,
				such as overhead signs, variable message signs, streetlights, traffic signal
				equipment, and other similar structures intended to facilitate travel safety
				along a public roadway, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. Any footing necessary to support the
				structure within a fluvial flood hazard area is constructed primarily at or
				below grade, such that the top of the footing lies no more than 12 inches above
				ground;
2. No disturbance is
				located within 10 feet of any top of bank, unless the project lies adjacent to
				a lawfully existing bulkhead, retaining wall, or revetment along a tidal water
				or impounded fluvial water; and
3.
				No riparian zone vegetation is cleared, cut, and/or removed, except for:
i. Vegetation within 10 feet of the
				structure, where such disturbance is necessary to facilitate the placement and
				continued operation of the structure; and
ii. Disturbance necessary to provide proper
				line of sight to the structure from the roadway it serves, provided no more
				than 2,000 square feet riparian zone vegetation is cleared, cut, and/or
				removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.44 - Permit-by-rule 44-surveying activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 44 authorizes surveying
				activities, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work is accomplished using hand-held
				equipment;
2. No trees are cleared,
				cut, and/or removed in a riparian zone, except for cutting branches or clearing
				damaged, dying, or dead trees, where such disturbance is necessary to provide
				an adequate site line; and
3. The
				width of clearing, cutting, and/or removal of riparian zone vegetation is no
				more than five feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.45 - Permit-by-rule 45-geotechnical and archeological investigation activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				45 authorizes geotechnical and archeological investigation activities, such as
				conducting survey borings or excavation for the purpose of obtaining
				information on subsurface conditions, determining the presence or extent of
				contamination in subsurface soils or groundwater, and/or obtaining seismic
				information, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No regulated activity is conducted within
				a regulated water or within 25 feet of any top of bank;
2. No grading or changes in topography occur
				in a flood hazard area;
3. Each
				excavated area is no more than three feet in diameter; and
4. No trees are cleared, cut, and/or removed
				in a riparian zone, except for cutting branches or clearing damaged, dying, or
				dead trees, where such disturbance is necessary to provide access.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.46 - Permit-by-rule 46-installation of one or more monitoring wells

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				46 authorizes the installation of one or more monitoring wells, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No grading or changes in topography occur
				in a flood hazard area;
2. No
				riparian zone vegetation is cleared, cut, and/or removed, except for vegetation
				within five feet of the well, where such disturbance is necessary to facilitate
				its installation; and
3. No trees
				are cleared, cut, and/or removed in a riparian zone, except for cutting
				branches or clearing damaged, dying, or dead trees, where such disturbance is
				necessary to provide access.