reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.4 - Requirements for a structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth specific design and construction standards that apply
				to any structure proposed in any regulated area.
(b) The Department shall issue an individual
				permit to construct or reconstruct a structure only if the entire structure is
				designed and constructed to:
1. Resist impact
				from water and debris during the flood hazard area design flood;
2. Resist uplift, flotation, collapse and
				displacement due to hydrostatic and hydrodynamic forces resulting from the
				flood hazard area design flood;
3.
				Resist overturning and sliding pressure, as well as pressure from the
				freeze/thaw cycle of the soil; and
4. If the structure is located in or adjacent
				to a channel, resist undermining caused by channel erosion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.5 - Requirements for a building

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth specific design and construction standards that apply
				to any building proposed within:
1. A flood
				hazard area; and
2. An area that
				was previously situated in a flood hazard area, but which was filled, raised or
				otherwise removed from the flood hazard area after January 31, 1980, whether in
				accordance with or in violation of this chapter, except in the following cases:
i. A Department delineation is available for
				the site, and the Department approves a revision of its delineation that
				removes the area in question from the flood hazard area; or
ii. No Department delineation is available
				for the site, but FEMA issues a Letter of Map Amendment that removes the area
				in question from the 100-year flood plain.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.6 - Requirements for a railroad, roadway, and parking area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific design
				and construction standards that apply to any railroad, roadway or parking area
				proposed in a flood hazard area.
(b) The Department shall issue an individual
				permit to construct or reconstruct a railroad or public roadway only if one of
				the following requirements is satisfied:
1.
				The travel surface of the railroad or public roadway is constructed at least
				one foot above the flood hazard area design flood elevation; or
2. The applicant is a public transportation
				entity and any of the following apply:
i. The
				project is limited in scope and consists solely of safety or state of good
				repair improvements to a lawfully existing railroad or roadway, such that there
				is no reasonable opportunity to meet (b)1 above as part of the project's
				overall scope and purpose;
ii.
				Prior to July 17, 2023, the project reached a milestone in its development and
				design, such that meeting (b)1 above would necessitate reevaluation of the
				selected preferred alternative or equivalent milestone, a significant redesign,
				or significant modifications or additions to private land acquisition plans,
				whether in fee or easement; or
iii.
				Strict compliance with (b)1 above would result in one of more of the following:
(1) Prohibitively high construction costs or
				construction costs that are disproportionately high compared with any benefit
				that would be obtained by strict compliance with (b)1 above;
(2) A design that necessitates excessive
				volumes of fill that exceed the flood storage displacement limits, for which
				flood storage cannot feasibly be created in compensation either onsite or
				offsite;
(3) A design that does not
				meet necessary transportation safety, geometric design, or access point
				requirements, such as those adopted by the American Association of State
				Highway and Transportation Officials;
(4) A design that causes unavoidable adverse
				impacts to the environment (including, but not limited to, impacts to the
				channel, riparian zone, or aquatic or terrestrial resources) that cannot be
				adequately mitigated; or
(5) A
				design that exacerbates flooding or causes unavoidable adverse impacts to
				offsite properties or preexisting drainage patterns
				.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.7 - Requirements for a bridge or culvert

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the design and
				construction standards under which the Department will issue an individual
				permit for the construction or reconstruction of a bridge or culvert in any
				regulated area. A footbridge that does not meet the requirements of
				permit-by-rule 23 at
				N.J.A.C.
				7:13-7.23 or general permit 12 at
				N.J.A.C.
				7:13-9.12 is subject to the requirements of
				this section.
(b) To demonstrate
				compliance with this section, all calculations and analyses used in the design
				of a bridge or culvert shall be submitted to the Department. Applicants are
				encouraged to discuss prospective bridge and culvert projects with Division
				staff prior to undertaking detailed calculations and analyses under this
				section. The Department can offer assistance regarding the types of
				calculations and analyses most appropriate for a given site and project, and in
				some cases, may be able to determine that the requirements of this section are
				satisfied without review of detailed calculations or analyses.
1. For the purpose of determining compliance
				with this section, all calculations shall be rounded to the nearest 0.1
				feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.8 - Requirements for a utility line

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth specific design and construction standards that apply
				to any utility line proposed in any regulated area.
(b) The Department shall issue an individual
				permit to construct or reconstruct a utility line in a regulated area only if
				the following requirements are satisfied:
1.
				All disturbed areas in the flood hazard area are restored to pre-construction
				topography;
2. The applicant
				provides an engineering certification confirming that any utility line that
				conveys a gas or liquid is sealed to ensure that there will be no leakage or
				discharge in a regulated area; and
3. Except in the immediate vicinity of a
				crossing of a regulated water, the utility line shall not be 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.9 - Requirements for a stormwater outfall structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific design
				and construction standards that apply to any stormwater outfall structure
				proposed in any regulated area.
(b)
				The Department shall issue an individual permit to construct or reconstruct a
				stormwater outfall structure only if the following requirements are satisfied:
1. The structure is built with a concrete
				headwall or flared-end section with footings that extend no less than three
				feet below grade;
2. The structure
				does not obstruct flow in a channel or floodway;
3. The structure includes adequate conduit
				outlet protection where required by the Standards for Soil Erosion and Sediment
				Control in New Jersey at
N.J.A.C. 2:90
, as determined by the
				local Soil Conservation District having jurisdiction over the site;
4. If the structure includes a rip-rap apron,
				a three feet deep by three feet wide rip-rap toe wall is constructed at the end
				of the apron; and
5. The structure
				does not interfere with the normal flow of the channel or threaten to change
				the dimensions or location of the channel. For example, a large discharge of
				stormwater into a small channel, or a discharge situated at a significant angle
				to the normal flow in a channel, may cause the channel to move over time,
				interfere with the direction of flow and/or cause increased erosion or
				deposition of sediment within the channel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.10 - Requirements for a low dam

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth specific design and construction standards that apply
				to the construction, replacement, repair, or removal of a low dam in any
				regulated area. Regulated activities associated with the construction,
				replacement, repair, or removal of a low dam, such as channel modification, the
				excavation of a stormwater management basin, or the creation of a stormwater
				collection and discharge system, shall be reviewed in accordance with the
				appropriate requirements for those activities under this chapter. This section
				applies only to the low dam itself.
(b) The Department shall issue an individual
				permit to construct a new low dam only if all proposed disturbance is located
				at least 25 feet from any top of bank unless the applicant demonstrates that:
1. There is a compelling need to construct
				the low dam, which cannot be met without disturbance within 25 feet of any top
				of bank; and
2. All disturbance is
				located outside any channel with fishery resources, as set forth at
7:13-11.5
, except where:
i. The disturbance is unavoidable;
				and
ii. The low dam is modified
				where necessary to include a fish ladder or other similar mechanism that
				permits fish to pass the structure in either direction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.11 - Requirements for a dam

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth specific design and construction standards for the
				construction, replacement, repair, or removal of a dam that serves as a
				component of a stormwater management basin within any regulated area. Regulated
				activities associated with the construction, replacement, or repair of a dam,
				such as channel modification, the excavation of a stormwater management basin,
				or the creation of a stormwater collection and discharge system, shall be
				reviewed in accordance with the appropriate requirements for those activities
				under this chapter. This section applies only to the dam itself.
(b) The activities at (b)1 and 2 below do not
				require a flood hazard area approval under this chapter, provided all
				applicable requirements of the Dam Safety Standards at N.J.A.C. 7:20 are met.
				Dams and certain associated activities are subject to the Department's Dam
				Safety Standards at N.J.A.C. 7:20, administered by the Department's Bureau of
				Dam Safety and Flood Control. For additional information concerning the
				regulation of dams see
http://www.nj.gov/dep/damsafety
.
1. The construction, replacement, repair, or
				removal of any dam that does not serve as a component of a stormwater
				management basin; and
2. Any
				regulated activity performed in association with the removal of a dam that does
				not serve as a component of a stormwater management basin.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.12 - Requirements for a flood control project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific design
				and construction standards that apply to any flood control project proposed in
				any regulated area.
(b) The
				Department shall issue an individual permit for a flood control project only if
				the applicant is a public entity, and the applicant provides a detailed
				analysis of the existing flooding problem that is to be mitigated. At minimum,
				this analysis shall include the following:
1.
				The frequency and intensity of flooding;
2. The number of homes, businesses and other
				facilities historically affected by flooding;
3. A cost-benefit analysis for the proposed
				flood control project, which includes a comparison of any adverse environmental
				impacts that may be caused by the project with the benefits for flood relief
				for each investigated alternative;
4. A discussion regarding which storms the
				flood control project is designed to mitigate and why these storms were
				selected;
5. If the flood control
				project is not designed to alleviate flooding for the 100-year flood and/or the
				flood hazard area design flood, a demonstration as to why this is not feasible
				and/or possible; and
6. All
				hydrologic and hydraulic calculations necessary to demonstrate the need for and
				viability of the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.13 - Requirements for a retaining wall or bulkhead

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, this
				section sets forth specific design and construction standards that apply to any
				retaining wall or bulkhead which is located within a regulated water, a
				floodway, or within 25 feet of any top of bank.
(b) This section does not apply to any
				retaining wall or bulkhead in a tidal flood hazard area that is authorized
				under a valid coastal permit, or is exempt from requiring a coastal permit
				under
N.J.A.C. 7:7
-2.4(d)6.
(c) The Department shall issue an individual
				permit to construct or reconstruct a retaining wall or bulkhead subject to this
				section only if the following requirements are satisfied:
1. The retaining wall or bulkhead is designed
				with stable footings. In general, footings shall extend at least three feet
				below grade, unless such footings are not possible to construct or necessary
				for stability;
2. The retaining
				wall or bulkhead is designed to withstand displacement, overturning, and
				failure due to undermining and/or pressure from soil, water, and frost;
				and
3. If located within a
				regulated water or within 25 feet of any top of bank, the retaining wall or
				bulkhead is designed to be resistant to erosion as well as the possibility of a
				shifting bed and/or bank over time.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.14 - Requirements for bank stabilization and channel restoration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth specific design and construction standards that apply to any bank
				stabilization or channel restoration project proposed in any regulated
				area.
(b) The Department shall
				issue an individual permit under this section only if the following
				requirements are satisfied:
1. The applicant
				provides:
i. A complete written description
				of the existing erosion, instability, or ecological degradation including:
(1) A history of the site and the
				watershed;
(2) An explanation of
				any previous attempts to stabilize or restore the bank or channel;
				and
(3) The likely causes of any
				erosion, instability, or ecological degradation proposed to be
				remedied;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.15 - Requirements for sediment and debris removal from a regulated water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth specific standards that apply to any proposed sediment and debris
				removal from a regulated water.
(b)
				The Department shall issue an individual permit for the removal of sediment and
				debris from a regulated water only if the following requirements are satisfied:
1. The applicant demonstrates that there is a
				documented history of flooding, a mosquito control problem, or other threat to
				public health, safety, or welfare that necessitates removal of sediment and/or
				debris from the regulated water;
2.
				Except for activities along an impounded regulated water, such as a lake, pond,
				or reservoir, the material to be removed from the regulated water consists
				solely of accumulated silt, sediment, and debris. Removal of material beyond or
				below the natural limits of a linear regulated water constitutes a channel
				modification and is subject to the requirements at
7:13-11.1(c)
;
3. In order to minimize
				the downstream transport of sediment during dredging, all areas being dredged
				are isolated from flowing water where possible. Means of isolation include
				erecting temporary berms or sheet-piles around the areas being dredged and, for
				a linear regulated water such as a stream or river, pumping flow around the
				work area, or, if flow within the regulated water is low, by blocking off the
				areas being dredged and allowing the sediment to settle. For an impounded
				regulated water, sediment transport can be reduced by lowering the water level,
				plugging the downstream discharge of the water, and/or pumping the incoming
				water around the impoundment; and
4. The applicant properly disposes of all
				material removed from the regulated water. Removed sediment can be disposed of
				in a regulated area provided the requirements at (d) below are satisfied. All
				removed trash and debris shall be disposed of in accordance with all applicable
				Federal, State, and local requirements outside any flood hazard area or
				riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.16 - Requirements for the storage of unsecured material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific
				standards that apply to any proposed storage of unsecured material in any
				regulated area.
(b) This section
				governs the storage of unsecured material not addressed by the following:
1. Permits-by-rule 48 through 53 at
				N.J.A.C.
				7:13-7.48 through 7.53, respectively, which
				cover the storage of unsecured materials for construction activities, and for
				certain ongoing residential and commercial uses; and
2. The requirements at
				N.J.A.C.
				7:13-12.17 through 12.20, which cover the
				placement of hazardous substances and solid waste in a regulated area, whether
				secured or unsecured.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.17 - Requirements for the investigation, cleanup, or removal of hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth the requirements for the investigation, cleanup, or removal
				of hazardous substances as defined in the Department's Discharges of Petroleum
				and other Hazardous Substances rules,
N.J.A.C. 7:1E
, Appendix
				A, and/or pollutants, as defined in the New Jersey Pollutant Discharge
				Elimination System (NJPDES) Rules,
N.J.A.C. 7:14A
, where
				proposed in any regulated area.
(b)
				The Department shall issue an individual permit for the investigation, cleanup,
				or removal of hazardous substances only if the Department determines, or a
				licensed site remediation professional pursuant to the Administrative
				Requirements for the Remediation of Contaminated Sites,
N.J.A.C.
				7:26C
, certifies, that:
1. The
				project complies with the Technical Requirements for Site Remediation,
N.J.A.C. 7:26E
, and the Administrative Requirements for the
				Remediation of Contaminated Sites rules,
N.J.A.C.
				7:26C
;
2. In order to
				minimize the potential that hazardous substances will be transported offsite by
				floodwaters during the conduct of site remediation activities, all material
				necessary to facilitate the investigation, cleanup, or removal of hazardous
				substances is stored and stockpiled as follows:
i. Outside any floodway;
ii. As far as practicable from any regulated
				water;
iii. Where practicable,
				within flood-resistant containment areas; and
iv. Where such material does not meet the
				Residential Direct Contact Soil Remediation Standards at
N.J.A.C.
				7:26D
, above the 10-year flood elevation;
3. In order to minimize the potential that
				hazardous substances will be transported offsite by floodwaters after the
				completion of site remediation activities, the following requirements are
				satisfied:
i. To the maximum extent
				practicable, all material permanently placed within a flood hazard area meets
				the Residential Direct Contact Soil Remediation Standards at
N.J.A.C.
				7:26D
;
ii. To the maximum
				extent practicable, the permanent placement of any material that does not meet
				the Residential Direct Contact Soil Remediation Standards at
N.J.A.C.
				7:26D
is limited to areas situated outside any floodway and above the
				10-year flood elevation; and
iii.
				Any material that does not meet the Residential Direct Contact Soil Remediation
				Standards at
N.J.A.C. 7:26D
is stabilized and/or covered with
				suitable material such that the material will not be eroded, displaced, or
				transported offsite during the flood hazard area design flood.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.18 - Requirements for the placement, storage, or processing of hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth specific requirements that apply to the proposed placement,
				storage, or processing of hazardous substances in any regulated area, which is
				not associated with the investigation, cleanup, or removal of hazardous
				substances pursuant to
				N.J.A.C.
				7:13-12.17.
(b) A lawfully existing facility established
				on or before November 5, 2007, may be eligible to place, store, or process
				hazardous substances under permit-by-rule 52 for the placement, storage, or
				processing of hazardous substances at
				N.J.A.C.
				7:13-7.52, provided the size or capacity of
				the facility is not increased. In addition, the placement of a fuel or storage
				tank may be authorized in certain circumstances under permit-by-rule 22 for the
				construction of a fuel tank at
				N.J.A.C.
				7:13-7.22 or general permit 8 for the
				placement of storage tanks at
7:13-9.8
. All other
				placement, storage, or processing of hazardous substances in a regulated area
				is subject to this section.
(c) The
				Department shall issue an individual permit for the placement, storage, or
				processing of hazardous substances in a regulated area only if the following
				requirements are satisfied:
1. Hazardous
				substances are not placed, stored, or processed in a floodway;
2. The placement, storage, or processing of
				hazardous substances is necessary for the normal conduct of a facility, which
				is operating in compliance with all Federal, State, and local requirements. The
				individual permit application shall include copies of all relevant State
				permits, licenses, and authorizations in order to demonstrate that the facility
				is operating lawfully;
3. The
				applicant demonstrates that the hazardous substances cannot feasibly be placed,
				stored or processed outside the flood hazard area and riparian zone
				onsite;
4. The hazardous substances
				to be placed, stored, or processed onsite are isolated from floodwaters by
				constructing flood-resistant berms around the substances, or by situating the
				substances within a flood-resistant containment area, so that in the event of a
				flood, the hazardous substances will not be transported offsite by
				floodwaters;
5. The applicant
				discloses the maximum volume of hazardous substances to be placed, stored, or
				processed in the flood fringe and includes this volume in calculating the
				maximum flood storage displacement volume on site pursuant to
7:13-11.4
; and
6. The Department determines that the
				placement, storage or processing of hazardous substances in the flood hazard
				area and riparian zone will not pose a threat to the environment or to public
				health, safety or welfare.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.19 - Requirements for solid waste landfill closure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				for activities authorized under a solid waste landfill closure and post-closure
				plan or disruption approval issued by the Department under
7:26-2A.8
and
2A.9
, when the activities are proposed in any regulated
				area.
(b) The Department shall
				issue an individual permit for regulated activities under (a) above only if the
				applicant demonstrates that:
1. The project
				complies with the Department's Solid Waste Regulations,
N.J.A.C.
				7:26
;
2. In order to
				minimize the potential that solid waste will be transported offsite by
				floodwaters during the conduct of activities under this section, all material
				necessary to facilitate the regulated activities is stored and stockpiled as
				follows:
i. Outside any floodway;
ii. As far as practicable from any regulated
				water; and
iii. Where practicable,
				within flood-resistant containment areas;
3. In order to minimize the potential that
				solid waste will be transported offsite by floodwaters after the completion of
				the landfill closure or disruption activities, all material permanently placed
				within a regulated area is stabilized and/or covered with suitable material
				such that the material will not be eroded, displaced, or transported offsite
				during the flood hazard area design flood.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.20 - Requirements for the placement, storage, or processing of solid waste or recyclable materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth the requirements that apply to the proposed placement,
				storage, or processing of:
1. Solid waste in
				any regulated area, which is not associated with a solid waste landfill closure
				and post-closure plan or disruption approval that is addressed under
				N.J.A.C.
				7:13-12.19; and
2. The placement of recyclable materials in
				any regulated area, pursuant to
N.J.A.C. 7:26A
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-12.21 - Requirements for the removal of existing fill or an existing structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth specific standards that apply to any proposed removal of existing
				fill or an existing structure in any regulated area.
(b) The removal of existing fill or an
				existing structure is subject to the requirements of this section only as
				follows:
1. The fill or structure to be
				removed lies in a floodway; or
2.
				The fill or structure to be removed lies in a regulated area outside a
				floodway, but does not qualify for permit-by-rule 4 at
				N.J.A.C.
				7:13-7.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.2 - General mitigation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mitigation
				shall fully compensate for any ecological loss.
(b) Mitigation proposals may be submitted as
				part of an individual permit application for concurrent review in accordance
				with (c)1 below. However, the determination as to whether a permit application
				should be approved shall be independent of the analysis of proposed mitigation
				for compliance with this subchapter. Where a mitigation proposal is not
				submitted as part of an individual permit application for an otherwise
				approvable project and this chapter requires mitigation for riparian zone
				vegetation impacts proposed, the Department shall place a condition upon any
				permit issued requiring submission and Department approval of a mitigation
				proposal prior to the commencement of any regulated activities under the
				permit.
(c) When mitigation is
				required in order to compensate for riparian zone disturbance resulting from
				regulated activities, the Department shall authorize any regulated activities
				required to undertake and complete the mitigation through:
1. An individual permit;
2. Approval of a mitigation proposal
				submitted to comply with a condition of an individual permit;
3. An enforcement document specifying
				mitigation requirements; or
4.
				Approval of a mitigation proposal submitted to comply with the requirements of
				an enforcement document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.3 - Timing of mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mitigation
				shall be performed within the applicable time period below:
1. Except for restoration of a temporary
				disturbance under (a)2 below, mitigation required under an individual permit
				shall be performed prior to or concurrently with the regulated activity that
				causes the disturbance;
2.
				Mitigation for any temporary disturbance shall commence immediately upon
				completion of the regulated activity that caused the disturbance and shall
				continue until completion, which shall not exceed six months after the
				cessation of the regulated activities that caused the disturbance;
				and
3. Mitigation required as part
				of an enforcement action shall be performed in accordance with the schedule set
				forth in the enforcement document.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.4 - Amount of mitigation required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				governs the amount of mitigation required for a regulated activity within a
				riparian zone under an individual permit, depending upon the area of riparian
				zone vegetation cleared, cut, and/or removed, the width of the riparian zone,
				and the type of regulated activity.
(b) Where a regulated activity is located
				within a 300-foot riparian zone, mitigation is required for the total area of
				vegetation that is cleared, cut, and/or removed, except for the following
				regulated activities provided the limits set forth in Table 11.2 are not
				exceeded:
1. The construction of a new
				aboveground or underground utility line that meets the requirements of
				N.J.A.C.
				7:13-11.2(k);
2. The reconstruction, replacement, repair,
				or maintenance of an existing aboveground or underground utility line that
				meets the requirements of
				N.J.A.C.
				7:13-11.2(l);
3. Construction associated with a
				single-family home or duplex that meets the requirements of
				N.J.A.C.
				7:13-11.2(m) or (n);
				or
4. The construction of a trail
				or boardwalk that meets the requirements of
				N.J.A.C.
				7:13-11.2(t).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.5 - Property suitable for mitigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mitigation
				under this subchapter may be carried out on private or public
				property.
(b) Except as provided in
				(c) below, the Department shall approve mitigation only on property that is
				owned in fee simple and under legal control of the person responsible for
				performing the mitigation, unless the person responsible for performing the
				mitigation demonstrates that they have legal rights to the property sufficient
				to enable compliance with all requirements of this chapter.
(c) The Department shall approve mitigation
				on public property only if:
1. The public
				entity agrees to record a conservation restriction on the area of the
				mitigation project, in accordance with N.J.A.C. 7:13-14, or can demonstrate
				that an existing conservation restriction will protect the mitigation project
				area in perpetuity; and
2. Where
				the land was acquired using Green Acres funding or is encumbered with Green
				Acres restrictions, as defined at
7:36-2.1
, the use of the
				area for mitigation purposes is approved by the Green Acres Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.6 - Conceptual review of a mitigation area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the requirements
				for the conceptual review of potential mitigation areas except for mitigation
				bank sites. The requirements for conceptual review of a mitigation bank site
				are set forth at N.J.A.C. 7:13-13.21(a) and (b).
(b) The Department encourages applicants to
				obtain the conceptual review of any land being considered as a potential
				mitigation area, prior to purchase of land for mitigation purposes and/or prior
				to submittal of a mitigation proposal.
(c) To obtain the conceptual review of a
				mitigation area, the applicant shall submit a written request to the address
				set forth at
7:13-1.3
, including:
1. A brief description of the area and the
				mitigation project being considered;
2. A map showing the location and extent of
				the prospective mitigation area, including topography if available;
				and
3. Consent from the owner of
				the prospective mitigation area allowing Department representatives to enter
				the property in a reasonable manner and at reasonable times to inspect the
				site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.8 - Department review and approval of a mitigation proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall, within 30 calendar
				days of receipt of a mitigation proposal submitted to comply with a condition
				of an individual permit, review the proposal for completeness in accordance
				with N.J.A.C. 7:13-13.7, and:
1. Request any necessary additional
				information; or
2. Declare the
				mitigation proposal complete for further review.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.9 - Riparian zone mitigation hierarchy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section governs the mitigation
				alternatives available to compensate for riparian zone vegetation disturbances
				and the location of the mitigation in relation to the area where disturbance to
				riparian zone vegetation is proposed to occur, or, in the case of a violation,
				has occurred.
(b) Mitigation for a
				riparian zone vegetation disturbance shall be performed through creation,
				enhancement, restoration, or preservation of riparian zones onsite *. If onsite
				mitigation* is not feasible, then mitigation shall be provided offsite in
				accordance with the following:
1. For
				disturbance to vegetation within a 300-foot riparian zone that is associated
				with a "major development," as defined in the Department's Stormwater
				Management rules at
				N.J.A.C.
				7:8-1.2, mitigation shall be provided along
				either the same regulated water as the disturbance or an upstream tributary to
				that regulated water; and
2. For
				all other disturbance to riparian zone vegetation, mitigation shall be
				provided* offsite in the same watershed management area as the impacts or
				through the purchase of credits from a mitigation bank with a service area that
				includes the area of impacts. In determining the feasibility of onsite or
				offsite mitigation or credit purchase, the Department shall consider the
				following factors regarding the proposed mitigation area:
i. Size. Generally, the larger a mitigation
				area is, the greater is its potential environmental benefit. A mitigation area
				that is associated with a large existing riparian zone complex is more likely
				to be environmentally beneficial;
ii. Location in relation to other preserved
				open space. A mitigation area adjacent to public land or other preserved areas
				is more likely to be environmentally beneficial;
iii. Habitat value. A mitigation area that
				will provide valuable habitat for critical wildlife species or threatened or
				endangered species is more likely to be environmentally beneficial;
				and
iv. Interaction with nearby
				resources. A mitigation project is more likely to be environmentally beneficial
				if it complements existing nearby resources. For example, a mitigation project
				that adds riparian wetlands habitat adjacent to an existing stream enhances the
				environmental value of both the riparian area and the stream.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.10 - Riparian zone creation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth specific requirements for riparian zone creation
				plans.
(b) If creation is the
				mitigation alternative, the Department shall require creation at a creation to
				loss ratio of 1:1 unless the applicant demonstrates in accordance with (b)1
				below that creation at a ratio of less than 1:1 will provide equal ecological
				functions and values.
1. A mitigator may
				create riparian zones at a ratio of less than 1:1 if the mitigator demonstrates
				through the use of productivity models or other similar studies that creating a
				smaller area of riparian zone will result in replacement riparian zones of
				equal ecological value to those lost or disturbed. However, in no case shall
				the Department approve a creation to loss ratio of less than 0.5:
1. In order to demonstrate equal ecological
				value, the mitigator shall survey the conditions on the site of disturbance and
				on the proposed mitigation area and provide written documentation regarding the
				proposed type and density of vegetation, the sediment and pollution removal
				ability of the proposed riparian zone vegetation, all proposed bank stability
				and erosion protection measures, and any anticipated wildlife habitat
				conditions. The documentation shall detail how the mitigation proposal will
				fully replace the ecological values of the riparian zone lost or disturbed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.11 - Riparian zone restoration and enhancement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific
				requirements for riparian zone restoration and enhancement plans.
(b) If restoration is the mitigation
				alternative, the Department shall require restoration at a restoration to loss
				ratio of 2:1, unless the applicant demonstrates in accordance with (b)1 below
				that restoration at a ratio of less than 2:1 will provide equal ecological
				functions and values.
1. A mitigator may
				restore riparian zones, or land adjacent to riparian zones in accordance with
				(d) below, at a ratio of less than 2:1 if the mitigator demonstrates through
				the use of studies that restoring a smaller area of riparian zone will result
				in replacement riparian zones of equal ecological value to those lost or
				disturbed. However, in no case shall the Department approve a restoration ratio
				of less than 1:
1. In order to demonstrate
				equal ecological value, the mitigator shall survey the conditions on the site
				of disturbance and on the proposed mitigation area and provide written
				documentation regarding the existing and proposed type and density of
				vegetation, the sediment and pollution removal ability of the existing and
				proposed riparian zone vegetation, all proposed bank stability and erosion
				protection measures, and any anticipated wildlife habitat conditions. The
				documentation shall also detail how the mitigation proposal will replace the
				ecological values of the riparian zone lost or disturbed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.12 - Monitoring and reporting for riparian zone creation, restoration, and enhancement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth monitoring and reporting for approved plans for riparian
				zone creation, restoration, and enhancement.
(b) Within 60 calendar days after the
				construction of a creation, restoration, or enhancement project is completed,
				the mitigator shall submit a construction completion report to the Department.
				The Department may establish a different timeframe for the submittal of the
				construction completion report if it determines doing so would better
				facilitate assessing the progress and success of the mitigation. The
				construction completion report shall include:
1. An as-built plan of the completed
				mitigation area, showing the species and densities of plantings, and any
				grading necessary to accomplish the approved mitigation proposal;
2. Photographs of the completed mitigation;
				and
3. An explanation for any
				deviation from the approved mitigation proposal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.13 - Riparian zone preservation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section sets forth specific requirements for riparian zone preservation
				plans.
(b) An applicant proposing
				to provide riparian zone mitigation under a preservation plan shall preserve
				undeveloped land such that future development is precluded within the preserved
				area.
(c) If preservation is the
				mitigation alternative, the area preserved shall be sufficient to ensure that
				the functions and values resulting from the preservation area will fully
				compensate for the loss of functions and values caused by the disturbance. At a
				minimum, the area preserved shall be:
1.
				Valuable for the protection of a riparian zone ecosystem;
2. Free of solid or hazardous waste, and
				water and soil pollution; and
3.
				Significantly larger than the area that would be required for any other
				mitigation alternative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.14 - Requirements for credit purchase from an approved mitigation bank

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				Department determines that a proposal to provide mitigation through the
				purchase of credits from a mitigation bank is an appropriate mitigation
				alternative, the Department shall evaluate the values and functions lost as a
				result of the disturbance and determine the number of credits required to
				ensure that the mitigation results in a riparian zone of equal functions and
				values to those lost.
(b) The
				mitigator shall prepare and execute all documents necessary to ensure that the
				credits have been purchased from a Department approved mitigation bank with
				available credits.
(c) The
				Department shall determine mitigation through credit purchase successful upon
				receipt of documentation from the permittee that the credit purchase was made
				as required. Documentation shall include a written certification from the
				mitigation bank operator, indicating the number of credits purchased and the
				Department permit number.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 13 - RIPARIAN ZONE MITIGATION › Section 7:13-13.15 - Financial assurance for mitigation projects; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Financial
				assurance in accordance with this section is required for mitigation projects
				involving creation, or restoration activities as mitigation for disturbance to
				riparian zones. Financial assurance is not required for a mitigation proposal
				or mitigation bank proposal submitted by a government agency or an entity that
				is exempt from the requirement to provide financial assurance under Federal
				law.
(b) The person responsible for
				conducting mitigation identified at (b)1 or 2 below shall establish and
				maintain financial assurance in accordance with this section:
1. Where mitigation is required pursuant to a
				permit, the permittee or mitigation bank sponsor of a riparian zone mitigation
				project or riparian zone bank; or
2. Where mitigation is required as part of
				the remedy for a violation, the person designated to provide mitigation in the
				enforcement document.