reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.1 - General permit 1-channel cleaning under the Stream Cleaning Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 1 authorizes a county, municipality, or a designated agency
				thereof to desnag a channel and/or remove accumulated sediment, debris, and
				garbage under the "Stream Cleaning Act" at
N.J.S.A.
				58:16A-67
, provided the conditions
				at
N.J.A.C. 7:13-6.7
are met
				and:
1. The project's sole purpose is to
				remove obstructions to flow or desnag a channel;
2. The project is necessary and in the public
				interest;
3. The project consists
				solely of either:
i. The removal of
				accumulated silt, sediment, debris, and/or garbage from a channel with a
				natural bed and does not alter the natural bed or banks of the channel;
				or
ii. The removal of any
				accumulated material from a channel previously lined with concrete or similar
				artificial material;
4.
				The project does not disturb the channel bank or result in any clearing,
				cutting, and/or removal of riparian zone vegetation, unless such disturbance is
				unavoidable, necessary to gain access to the channel, and minimized;
5. The project is conducted from only one
				bank, where possible, and the existing tree canopy on the more southerly or
				westerly bank is preserved in order to shade the regulated water;
6. The use of heavy equipment in the channel
				is avoided; and
7. If the project
				involves sediment removal from a channel with a natural bed, the following
				requirements are satisfied:
i. If the project
				is undertaken by a municipality, or a designated agency thereof, it is located
				wholly within that municipality;
ii. If the project is undertaken by a county,
				or designated agency thereof, the project is located wholly within one
				municipality or, if located within more than one municipality, the channel
				reach is less than 500 feet in length;
iii. The average width of the channel bed
				does not exceed 30 feet;
iv. The
				channel is not classified as a Pinelands water or Category One water;
v. The channel is not a present or documented
				habitat for threatened or endangered species; and
vi. The timing restrictions set forth at
N.J.A.C.
				7:13-11.5(d)
are
				observed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.2 - General permit 2-mosquito control water management activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 2 authorizes activities in flood hazard areas and riparian zones
				necessary for mosquito control water management activities conducted by a
				county mosquito control agency or a Federal agency on Federal land. Mosquito
				control water management activities authorized under this general permit
				include:
1. Removal of accumulated silt,
				sediment, and debris from any water;
2. Creation of ditches and channels where
				appropriate for mosquito control; and
3. Improvements to flow in manmade waters,
				such as the excavation of an existing manmade ditch or channel to provide
				positive drainage.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.3 - General permit 3-scour protection activities at bridges and culverts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 3 authorizes scour
				protection activities at one or more existing bridges or culverts, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The activities are necessary for the
				maintenance and/or protection of an existing bridge or culvert;
2. The activities are intended to remedy a
				scour problem within or adjacent to a bridge or culvert and not to remedy large
				sections of severely eroded or unstable channel;
3. The applicant provides an engineering
				certification confirming that:
i. The amount
				of stabilizing material to be placed in the channel is no greater than
				necessary to protect the structure from failure or collapse due to undermining
				of abutments or piers. In general, the channel velocity used to determine the
				necessary amount of stabilizing material shall be based on bank full flow,
				unless otherwise required by the U.S. Federal Highway Administration;
				and
ii. The stabilizing material
				does not obstruct flow in the channel or floodway or cause flooding outside the
				channel to increase;
4.
				The stabilizing material consists of native substrate, or is buried beneath at
				least two feet of native substrate, where placement of the native substrate is
				feasible and effective in stabilizing the channel and protecting aquatic
				habitat under expected flood conditions;
5. The activities do not disturb the channel
				bank or the riparian zone, unless such disturbance is unavoidable, necessary to
				gain access to the channel, and minimized. If access to the channel results in
				topographic changes to the bank, such as ruts from trucks or other machinery,
				the grade of the bank shall be restored to its pre-construction
				topography;
6. The project is
				conducted from only one bank, where possible, and the existing tree canopy on
				the more southerly or westerly bank is preserved in order to shade the
				regulated water; and
7. 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 9 - GENERAL PERMITS › Section 7:13-9.4 - General permit 4-creation, restoration, and enhancement of habitat and water quality values and functions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				4 authorizes regulated activities necessary to implement a plan for the
				creation, restoration, or enhancement of habitat and water quality functions
				and values in a regulated area. Activities authorized under this general permit
				include, but are not limited to:
1. Altering
				hydrology to create, restore, or enhance wetlands, such as by blocking,
				removing, or disabling a manmade drainage ditch or other drainage structure
				such as a tile, culvert, or pipe;
2. Breaching a structure such as a dike,
				berm, or low dam in order to allow water into an area. Breaching or removing a
				dam is not regulated under this chapter, pursuant to
				N.J.A.C.
				7:13-12.11;
3. Placing habitat improvement structures
				such as:
i. Nesting islands;
ii. Fencing to contain, or to prevent
				intrusion by, livestock or other animals; and
iii. Aquatic habitat enhancement devices or
				habitat improvement structures such as placed boulders, stream deflectors, or
				brush piles;
4.
				Regrading to provide proper elevation or topography for wetlands restoration,
				creation, or enhancement; and
5.
				Removing, planting, cutting, burning, or otherwise managing vegetation in order
				to increase habitat diversity or control nuisance flora.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.5 - General permit 5 - reconstruction and/or elevation of a building in a floodway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 5 authorizes the
				reconstruction and/or elevation of a lawfully existing building in a floodway,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The lowest floor of the building is
				reconstructed and/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;
2. 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);
3. Any existing enclosure below the lowest
				floor of the building that 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;
4. The location and footprint of the building
				is not altered;
5. The applicant
				provides an engineering certification confirming that:
i. The proposed reconstruction and/or
				elevation will not increase offsite flooding or flood damage
				potential;
ii. The proposed
				reconstruction and/or elevation will not result in any additional obstruction
				to the flow of floodwaters; and
iii. The building is modified wherever
				necessary to withstand hydrostatic and hydrodynamic loads and the effects of
				buoyancy resulting from flooding to at least one foot above the flood hazard
				area design flood elevation;
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 its reconstruction and/or elevation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.6 - General permit 6 - construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 6 authorizes the construction of one single-family home or duplex, and
				one associated driveway that does not cross a regulated water, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No fill or structures are located within a
				floodway;
2. The single-family home
				or duplex is not being constructed as part of a residential subdivision or
				multi-unit development;
3. The lot
				on which the single-family home or duplex is being constructed was not created
				or subdivided after November 5, 2007;
4. The lowest floor of the single-family home
				or duplex 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;
5. Any enclosure below the lowest floor of
				the single-family home or duplex 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;
7. Within a 50-foot riparian
				zone, no more than 3,500 square feet of riparian zone vegetation is cleared,
				cut, and/or removed;
8. Within a
				150-foot riparian zone, no more than 7,000 square feet of riparian zone
				vegetation is cleared, cut, and/or removed, and disturbance within 75 feet of
				any top of bank is avoided to the maximum extent practicable;
9. Within a 300-foot riparian zone, no more
				than 7,000 square feet of riparian zone vegetation is cleared, cut, and/or
				removed, and disturbance within 150 feet of any top of bank is avoided to the
				maximum extent practicable;
10.
				Where development is proposed within a fluvial flood hazard area, the applicant
				provides an engineering certification confirming that the flood storage
				displacement requirements of
				N.J.A.C.
				7:13-11.4 are satisfied; and
11. The applicable requirements at
				N.J.A.C.
				7:13-12.6(c)  are satisfied
				for any proposed driveway.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.7 - General permit 7-relocation of manmade roadside ditches to facilitate public roadway improvements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				7 authorizes the relocation of one or more manmade roadside ditches to
				facilitate public roadway improvements, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The public entity responsible for
				maintaining the roadway has determined that the relocation of a ditch is
				necessary for the continued safe use of the roadway;
2. The ditch is not being enclosed in a pipe,
				culvert, or bridge;
3. The
				relocated ditch possesses equivalent flood carrying capacity as the existing
				ditch; and
4. The project 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 9 - GENERAL PERMITS › Section 7:13-9.8 - General permit 8 - placement of storage tanks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 8 authorizes the placement of one or more storage tanks and associated
				support structures, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The tank cannot feasibly be located
				outside a regulated area;
2. The
				tank is not located in a floodway unless all the following apply:
i. The tank is intended to replace a lawfully
				existing tank associated with a currently occupied building or operating
				facility;
ii. The tank cannot
				feasibly be located outside the floodway; and
iii. The tank and any support structures are
				oriented to minimize obstruction to flow;
3. Any tank located in a flood hazard area is
				designed to remain watertight during a flood;
4. The bottom of the tank is situated above
				the flood hazard area design flood elevation, where feasible;
5. Where an aboveground tank is intended for
				the storage of hazardous substances and has a volume of greater than 2,000
				gallons, the tank is isolated from floodwaters by berms, or is located in a
				specially designed containment area onsite, so that in the event of a flood,
				the hazardous substances will not be transported offsite by
				floodwaters;
6. The flood storage
				displacement requirements of
7:13-11.4
are satisfied
				for both the tank and any containment areas within the flood hazard
				area;
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;
8. Any
				clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas;
9. No
				trees are cleared, cut, and/or removed in a riparian zone; and
10. No more than 2,000 square feet of
				vegetation is cleared, cut, and/or removed in a riparian zone, per
				tank.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.9 - General permit 9 - construction or reconstruction of a bridge or culvert across a regulated water with a drainage area of less than 50 acres

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				9 authorizes the construction or reconstruction of one bridge or culvert that
				crosses a regulated water that has a drainage area of less than 50 acres,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The bridge or culvert is not located in
				the flood hazard area of an additional regulated water that has a drainage area
				of 50 acres or greater;
2. The
				bridge or culvert and any associated construction, such as embankments,
				abutments, footings, and travel surfaces, are designed to remain stable, scour
				resistant, and resistant to displacement and/or damage. At a minimum, a bridge
				shall have stable abutments, a culvert shall have stable headwalls, and any
				abutment and headwall shall have footings that extend no less than three feet
				below the invert of the channel;
3.
				The bridge or culvert, to the extent feasible, matches or exceeds the
				dimensions of the existing channel so that the size and shape of the natural
				channel is preserved through the structure in order to avoid potential adverse
				impacts to channel stability and aquatic, semi-aquatic, and terrestrial
				resources;
4. No armoring is placed
				under or across the channel bed, unless such armoring is necessary to prevent
				scour along the proposed abutments or footings. In such a case, the armoring
				shall be buried beneath at least two feet of native substrate, where placing
				such substrate is feasible and effective in stabilizing the channel and
				protecting aquatic habitat under expected flood conditions;
5. Any temporarily disturbed sections of the
				channel are restored to pre-construction conditions immediately after
				completion of the disturbance. Characteristics that shall be replicated include
				channel shape, width, and meandering, ratio of shallow areas to deep areas,
				anticipated flow rate, and velocity and substrate type;
6. Clearing, cutting, and/or removal of
				riparian zone vegetation is the minimum necessary to successfully implement the
				project and is limited to actively disturbed areas where possible;
7. Any new bridge or culvert, and any new
				railroad or roadway it conveys, are not located within a 300-foot riparian
				zone;
8. The total area of riparian
				zone vegetation to be cleared, cut, and/or removed does not exceed the limits
				set forth in Table 11.2 at
				N.J.A.C.
				7:13-11.2;
9. Where the bridge or culvert conveys a
				railroad or public roadway, the requirements of
				N.J.A.C.
				7:13-11.2(g)2, 3, and 4 are
				met;
10. Where the bridge or
				culvert conveys a private roadway, the requirements of
				N.J.A.C.
				7:13-11.2(h)2, 3, 4, and 6
				are met; and
11. The timing
				restrictions set forth at
				N.J.A.C.
				7:13-11.5(d)  are
				observed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.11 - General permit 11 for a stormwater outfall along a regulated water with a drainage area of less than 50 acres

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 11 authorizes the construction of one stormwater outfall
				structure along a regulated water that has a drainage area of less than 50
				acres, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and the structure:
1. Is not located in the flood hazard area or
				riparian zone of any regulated water that has a drainage area of 50 acres or
				greater;
2. Is authorized under a
				valid freshwater wetlands general permit 11, pursuant to
7:7A-5.11
;
3. Meets the requirements for disturbance in
				the riparian zone at
7:13-11.2
,
				including any justification that may be required for the activity and any
				limitations on the area of vegetation that can be cleared, cut, or removed in
				the riparian zone; and
4. Meets the
				requirements at
N.J.A.C. 7:13
-12.9 for the construction of a
				stormwater outfall structure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.12 - General permit 12-construction of footbridges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 12 authorizes the
				construction of one or more footbridges across a regulated water, or across
				another feature such as a manmade canal or roadway that lies within the flood
				hazard area or riparian zone of a regulated water, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The footbridge is used exclusively to
				carry pedestrians, livestock, and/or light vehicles such as bicycles, golf
				carts, or lawn tractors;
2. Where
				the footbridge crosses a regulated water, it is designed and constructed to be
				as nearly perpendicular to the channel as possible;
3. Where the footbridge is designed solely
				for pedestrian use, the width of the footbridge is no more than six feet,
				unless it is demonstrated that a wider width is necessary in order to comply
				with all applicable State and Federal barrier-free access requirements. In no
				case shall the width of the footbridge exceed 10 feet;
4. Where the footbridge is designed as part
				of a multiple-use path for bicycles, skate boards, rollerblades, and other
				methods of transport:
i. The width of the
				footbridge is no more than 10 feet; and
ii. Bollards or similar devices are installed
				to prevent automobiles and other large vehicles from utilizing the
				footbridge;
5. Where the
				footbridge provides access to a critical building, its travel surface is
				constructed at least one foot above the flood hazard area design flood
				elevation, or as close to that elevation as feasible;
6. All footings and abutments proposed within
				10 feet of the top of bank extend at least three feet below the channel
				invert;
7. All footings and
				abutments proposed more than 10 feet beyond the top of bank extend at least
				three feet below grade;
8. All
				stairs, ramps, or other structures necessary for access to the footbridge:
i. Remain open underneath to allow
				floodwaters to pass freely;
ii. Do
				not require the existing ground elevation to be raised in a flood hazard area;
				and
iii. Are oriented to minimize
				obstruction to flow, such as by being set into the bank, where
				possible;
9. The
				footbridge is designed to pass floodwaters by either:
i. Setting the low chord of the footbridge
				above the flood hazard area design flood elevation; or
ii. Using handrails instead of a parapet,
				with sufficiently large openings so as not to catch debris during a flood and
				thereby obstruct floodwaters, and setting the vertical distance between the low
				chord and the top of the footbridge deck, including any curbing, at no more
				than eight inches;
10.
				The timing restrictions set forth at
7:13-11.5(d)
are observed; and
11. The width of any clearing, cutting,
				and/or removal of riparian zone vegetation associated with the construction of
				the footbridge does not exceed 20 feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.13 - General permit 13 - construction of trails and boardwalks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 13 authorizes the
				construction 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 used exclusively
				to carry pedestrians, livestock, and/or light vehicles such as bicycles, golf
				carts, or lawn tractors;
2. Where
				the trail or boardwalk is designed solely for pedestrian use, the width of the
				trail or boardwalk is no more than six feet, unless it is demonstrated that a
				wider width is necessary in order to comply with all applicable State and
				Federal barrier-free access requirements. In no case shall the width of the
				trail or boardwalk exceed 10 feet;
3. The existing ground elevation is not
				raised in any floodway or fluvial flood hazard area. A boardwalk constructed in
				a flood hazard area shall be constructed at or below the existing ground
				elevation or elevated so that the area underneath the boardwalk remains open to
				the passage of floodwaters;
4. The
				setbacks at (a)4i though iii below are met, except in the immediate vicinity of
				a footbridge or a dock or pier connected to the trail or boardwalk, unless the
				project lies adjacent to a lawfully existing bulkhead, retaining wall, or
				revetment along a tidal water or impounded fluvial water:
i. No disturbance is located within 10 feet
				of any top of bank;
ii. No trees
				are cleared, cut, and/or removed within 25 feet of any top of bank;
				and
iii. Where disturbance within
				25 feet of any top of bank is proposed, the applicant provides an engineering
				certification confirming that the location of the project is stable and
				suitable for the proposed activities, and not subject to erosion or undermining
				due to its proximity to the top of bank;
5. Clearing, cutting, and/or removal of
				riparian zone vegetation is the minimum necessary to successfully implement the
				project and is limited to actively disturbed areas, where possible;
6. No more than six square feet of trees is
				cleared, cut, and/or removed per linear foot of trail or boardwalk in a
				riparian zone, including the total area of canopy affected by activities under
				this general permit. For example, the construction of a trail or boardwalk that
				is 1,000 feet long can impact no more than 6,000 square feet of
				canopy;
7. No more than one-half of
				an acre of riparian zone vegetation is cleared, cut, and/or removed;
				and
8. Any public trail or
				boardwalk incorporates features designed to educate the user on the importance
				of riparian zones, flood hazard areas, and stream corridors. Such features may
				include signs identifying plants and animals or explaining hydrology, ecology,
				or other significant environmental features.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.14 - General permit 14-application of herbicide within riparian zones to control invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 14 authorizes the application of herbicide within a riparian zone to
				control invasive plant species, provided the conditions at
N.J.A.C. 7:13-6.7
are met
				and:
1. The area to which the herbicide is
				applied shall not exceed a total area of one acre on a site;
2. The activities are conducted pursuant to
				an aquatic use permit issued by the Department's Bureau of Licensing and
				Pesticide Operations; and
3. No
				herbicide is applied within a 300-foot riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 9 - GENERAL PERMITS › Section 7:13-9.15 - General permit 15-application of herbicide within riparian zones to control invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 15 authorizes the application of herbicide within a riparian zone to
				control invasive plant species, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The area to which the herbicide is applied
				shall not exceed a total area of one acre on a site;
2. The activities are conducted pursuant to
				an aquatic use permit issued by the Department's Bureau of Licensing and
				Pesticide Operations; and
3. No
				herbicide is applied within a 300-foot riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 10 - INDIVIDUAL PERMITS › Section 7:13-10.1 - Requirement to obtain an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				shall obtain an individual permit under this subchapter in order to undertake
				any activity that does not meet the requirements of a permit-by-rule pursuant
				to N.J.A.C. 7:13-7, an authorization
				under a general permit-by-certification pursuant to
				N.J.A.C.
				7:13-8, an authorization under a general
				permit pursuant to
				N.J.A.C.
				7:13-9, or a coastal permit under the
				circumstances set forth at
7:13-2.1(b)
6.
(b) A regulated activity or project subject
				to an individual permit shall meet:
1. The
				applicable area-specific requirements at
				N.J.A.C.
				7:13-11;
2. The applicable activity-specific
				requirements at
				N.J.A.C.
				7:13-12; and
3. The applicable design and construction
				standards of the following:
i. The Uniform
				Construction Code, N.J.A.C. 5:23; and
ii. The Federal flood reduction standards, 44
				CFR Part 60.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 10 - INDIVIDUAL PERMITS › Section 7:13-10.2 - Duration of an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual
				permit for any regulated activity other than those identified at (b) below is
				valid for five years from the date of issuance, and may be extended one time
				for five years pursuant to
				N.J.A.C.
				7:13-22.3.
(b) An individual permit for a linear
				activity or project that is greater than 10 miles in length, a flood control
				project, or a quarry or mining operation is valid for 10 years from the date of
				issuance, and shall not be extended.
(c) All regulated activities authorized by an
				individual permit shall immediately cease if the permit expires, including any
				extension thereof under
				N.J.A.C.
				7:13-22.3. If a person intends to commence or
				continue regulated activities that had been authorized under an individual
				permit that has expired, the person shall obtain a new individual permit under
				this chapter authorizing the regulated activities.
1. If no regulated activities have occurred
				prior to the expiration of the individual permit, the Department shall issue a
				new individual permit only if the project is revised where necessary to comply
				with the requirements of this chapter in effect when the application for the
				new individual permit is declared complete for review.
2. If any regulated activities have occurred
				prior to the expiration of the individual permit, the Department shall issue a
				new individual permit only if the project is revised where feasible to comply
				with the requirements of this chapter in effect when the application for the
				new individual permit is declared complete for review. In determining the
				feasibility of compliance with the requirements in effect at the time the
				application is declared complete for review, the Department shall consider the
				amount of construction that has been completed prior to the expiration of the
				original individual permit, the amount of reasonable financial investment that
				has been made in the original design consistent with the requirements
				applicable under the original individual permit, and whether continuing
				construction as approved under the original individual permit would have an
				adverse impact on flooding or the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 10 - INDIVIDUAL PERMITS › Section 7:13-10.3 - Conditions applicable to an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				conducting regulated activities pursuant to an individual permit shall comply
				with:
1. The conditions set forth in the
				individual permit itself; and
2.
				The conditions that apply to all permits at
				N.J.A.C.
				7:13-22.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-11.1 - Requirements for a regulated activity in a channel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth specific design and construction standards that apply to any
				regulated activity proposed in a channel.
(b) The Department shall issue an individual
				permit for a regulated activity in a channel only if the following requirements
				are satisfied:
1. The applicant describes in
				detail the regulated activities proposed within the channel, including the
				equipment proposed to be utilized, and demonstrates that the basic purpose of
				the project cannot be accomplished without the disturbance to the
				channel;
2. Disturbance to the
				channel is eliminated where possible; where not possible to eliminate,
				disturbance is minimized through methods including relocating the project
				and/or reducing the size or scope of the project;
3. All roadway, railroad, pedestrian, utility
				and other crossings are constructed as nearly perpendicular to the channel as
				possible;
4. All disturbed sections
				of the channel are properly stabilized, with special attention given to changes
				in slope, channel width and hydraulic capacity;
5. If stabilization measures such as rip-rap
				or scour holes are proposed in the channel, the applicant demonstrates that
				such measures are necessary to stabilize the channel and/or to withstand scour
				along a bridge or culvert, and cannot be avoided through alternative designs,
				such as construction of deeper abutment footings or a larger bridge opening.
				Any rip-rap shall be embedded in the channel bed in such a way as to provide
				low-flow aquatic passage and withstand velocities associated with bank-full
				flows;
6. No mining of the channel
				is proposed. This does not preclude the incidental use or sale of material
				removed as a result of lake dredging, channel cleaning or other regulated
				activities authorized by the Department and performed for purposes other than
				mining;
7. All temporarily
				disturbed sections of the channel are restored to pre-construction conditions
				immediately after completion of the disturbance. Characteristics that shall be
				replicated include channel shape, width, and meandering, ratio of shallow areas
				to deep areas, anticipated flow rate and velocity, and substrate
				type;
8. Aquatic habitat is
				preserved where possible;
9.
				Aquatic habitat is enhanced where preservation is not possible, such as through
				the placement of habitat enhancement devices, replacement of vegetation removed
				during construction, creation of tree canopy along the channel where no canopy
				exists, and/or enhancement of existing tree canopy along the channel;
				and
10. The project does not expose
				unset or raw cement to flowing water within any channel or regulated water
				during construction;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-11.3 - Requirements for a regulated activity in a floodway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth specific design and construction standards that apply to any
				regulated activity proposed in a floodway.
(b) Except as provided in (c) below, the
				Department shall not issue an individual permit for the following activities:
1. The placement of any aboveground structure
				in or above a floodway;
2. Any
				regulated activity that would result in the placement of fill in a
				floodway;
3. Any regulated activity
				that would raise the ground elevation in a floodway; or
4. Any regulated activity that would obstruct
				the passage of floodwaters in a floodway.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-11.4 - Requirements for a regulated activity in a flood fringe

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth specific design and construction standards that apply to any
				regulated activity proposed in a flood fringe.
(b) This section provides standards for the
				volume of material that may be placed aboveground in a flood fringe as well as
				other activities that would reduce the flood storage volume on a site. When
				material is placed aboveground in a flood fringe, it will occupy a space that
				would otherwise be filled with floodwaters during a flood, and, thus, will
				reduce the flood storage volume on the site. Construction also reduces the
				flood storage volume by preventing floodwaters from entering a space that it
				would otherwise occupy, such as the space inside a building or stormwater
				management basin, or behind an embankment. For example, although the space
				within a building may be empty, the building's walls might prevent floodwaters
				from entering that space. Since the entire space within the walls has been
				rendered inaccessible to floodwaters, the entire space, though empty, displaces
				flood storage volume. The Department also recognizes that some structures, such
				as garages, sheds and other buildings that are not dry flood-proofed are not
				likely to prevent the entry of floodwaters, and, therefore, the space within
				the walls of such a structure may not actually displace flood storage
				volume.
(c) The Department shall
				issue an individual permit for a regulated activity (or combination of
				regulated activities) in a flood fringe only if one of the following is
				satisfied:
1. The regulated activity is not
				subject to the flood storage volume displacement limits of this section, in
				accordance with (d) below;
2. The
				regulated activity will displace no flood storage volume onsite, as calculated
				for both the volume between the flood hazard area design flood and the 10-year
				flood, and the volume between the 10-year flood and the ground, in accordance
				with (e) below; or
3. The regulated
				activity will displace no more than 20 percent of the flood storage volume
				onsite, as calculated for both the volume between the flood hazard area design
				flood and the 10-year flood, and the volume between the 10-year flood and the
				ground, and all flood storage displacement onsite will be compensated offsite
				as follows:
i. If the regulated activity is
				located within the Central Passaic Basin, the requirements at (g) below shall
				be met;
ii. If the regulated
				activity is a major Highlands development, as defined at
7:38-1.4
, the
				requirements at (h) below shall be met; or
iii. If the regulated activity is not located
				within the Central Passaic Basin and is not a major Highlands development, the
				requirements at (i) below shall be met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-11.5 - Requirements for a regulated activity in or along a regulated water with fishery resources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific design
				and construction standards that apply to any regulated activity proposed in the
				channel and/or riparian zone of a regulated water containing fishery resources.
				Further standards for the construction of a bridge or culvert in or along
				waters with fishery resources are described at
				N.J.A.C.
				7:13-12.7.
(b) The waters identified by the Department
				as containing fishery resources are listed in the Department's Surface Water
				Quality Standards at
N.J.A.C. 7:9B
, and are further
				supplemented by the following reports as updated, which are included here by
				reference. Copies of these reports are available from the Department at the
				website set forth at
7:13-1.4
:
1. "Classification of New Jersey Waters as
				Related to Their Suitability for Trout";
2. "List of Waters Stocked with Trout by the
				New Jersey Division of Fish and Wildlife"; and
3. "Locations of Anadromous American Shad and
				River Herring During Their Spawning Period in New Jersey's Freshwaters
				Including Known Migratory Impediments and Fish Ladders."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-11.6 - Requirements for a regulated activity in or affecting a present or documented habitat for threatened or endangered species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth specific design and construction standards that apply to any
				regulated activity proposed in or affecting a present or documented habitat for
				a threatened or endangered species.
(b) For the purposes of this chapter, the
				Department identifies present and documented habitat for most threatened or
				endangered wildlife species using the Landscape Project method, which focuses
				on habitat areas required to support local populations of threatened and
				endangered wildlife species. The report entitled New Jersey's Landscape
				Project, which is updated periodically, provides additional information on
				mapping methodology and is available at
http://www.nj.gov/dep/fgw/ensp/landscape/index.htm
.
				Interested parties may also obtain information by writing to the Division of
				Fish and Wildlife, Endangered and Nongame Species Program at:
The Landscape Project
State of New Jersey Department of Environmental
				  Protection
Division of Fish and Wildlife Endangered and Nongame Species
				  Program
Mail Code 501-03
P.O. Box 420
Trenton, NJ 08625-0420.
(c) For endangered or threatened plant
				species and for those wildlife species for which a landscape model in the
				Landscape Project has not been developed, the Department shall rely on the New
				Jersey Natural Heritage Database for site-specific information. To determine
				which animal species are not included in the Landscape Project, see the latest
				version of the New Jersey Landscape Mapping Project at the website listed in
				(b) above.
(d) The Department shall
				issue an individual permit for a regulated activity only if the activity will
				not destroy, jeopardize, or adversely modify a present or documented habitat
				for threatened or endangered species, and shall not jeopardize the continued
				existence of any local population of a threatened or endangered
				species.
(e) The Department shall
				require a survey and/or a habitat assessment for threatened or endangered
				species as part of an environmental report, as described at N.J.A.C.
				7:13-18.8(b), for an individual permit for any regulated activity which is
				likely to do either of the following:
1.
				Disturb an area known to contain a threatened or endangered species;
				or
2. Disturb any habitat that
				could support a threatened or endangered species.
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 7:13-12.1 - Requirements that apply to all regulated activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth design and construction standards that apply to any
				regulated activity proposed in any regulated area.
(b) The Department shall issue an individual
				permit for a regulated activity only if it determines that the regulated
				activity is not likely to cause significant and adverse effects on the
				following:
1. Water quality;
2. Aquatic biota;
3. Water supply;
4. Flooding;
5. Drainage;
6. Channel stability;
7. Threatened and endangered species or their
				current or documented historic habitats;
8. Navigation;
9. Energy production; and
10. Fishery resources.
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 7:13-12.2 - Requirements for stormwater management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth stormwater management requirements and specific design and
				construction standards that apply to any regulated activity associated with a
				major development, as defined in the Stormwater Management rules at
7:8-1.2
.
(b) The Department shall issue an individual
				permit for a regulated activity associated with a major development only if the
				requirements of the Stormwater Management rules at N.J.A.C. 7:8 are
				satisfied.
(c) The Department shall
				issue an individual permit for a stormwater management basin located within or
				discharging within a flood hazard area only if the following requirements are
				satisfied:
1. The basin is designed and
				constructed to function properly during both flood and non-flood
				conditions;
2. The effects of
				flooding and tailwater conditions on any proposed discharge are accounted for
				in the stormwater management calculations for the proposed basin. Tailwater
				conditions refer to situations where the discharge pipe will be submerged
				during a flood in such a way that floodwaters prevent the basin from draining
				properly. The effects of flooding and tailwater conditions are of particular
				concern in one or more of the following cases:
i. The basin will be overtopped and flooded
				during the flood hazard area design flood, because it is not feasible to
				construct the emergency spillway in accordance with (c)3 below;
ii. The drainage area of the basin is similar
				in size to the drainage area of the water receiving the proposed
				discharge;
iii. The basin reaches
				its maximum storage volume during or near the time flooding peaks within the
				water receiving the proposed discharge; or
iv. The elevation of the lowest discharge
				orifice or weir in the basin lies below the flood hazard area design flood
				elevation;
3. If a basin
				is proposed within the flood hazard area, the emergency spillway shall be
				constructed above the flood hazard area design flood elevation where feasible,
				in order to prevent floodwaters from overtopping the berm and flooding the
				basin; and
4. If the elevation of
				the lowest discharge orifice or weir in the basin lies below the flood hazard
				area design flood elevation, the discharge pipe shall be equipped with
				mechanical devices where appropriate to prevent floodwater from backing up the
				pipe into the 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 7:13-12.3 - Requirements for excavation, fill and grading activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth specific design
				and construction standards that apply to any excavation, fill and/or grading
				proposed in any regulated area.
(b)
				The Department shall issue an individual permit for excavation, fill and/or
				grading only if the following requirements are satisfied:
1. The overland flow of stormwater is not
				impeded and floodwaters can freely enter and exit the disturbed area, unless
				the area is graded to impound water for a stormwater management structure that
				meets the requirements of the Stormwater Management rules at N.J.A.C.
				7:8;
2. Any slope of greater than
				50 percent (a ratio of two horizontal to one vertical) is stabilized using soil
				bioengineering, retaining walls, rip-rap or other appropriate slope
				protection;
3. The excavation, fill
				and/or grading does not endanger the integrity of any existing structure;
				and
4. All excavated material is
				disposed of lawfully.