reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.47 - Permit-by-rule 47-construction of a gauge, weir, or similar device

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				47 authorizes the construction of a gauge, weir, or other similar device to
				measure the depth, velocity, and/or rate of flow in a regulated water, provided
				the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The device is approved by the United
				States Geological Survey, New Jersey Water Supply Authority, and/or New Jersey
				Geological Survey;
2. The device
				will not cause erosion in the regulated water;
3. The device will not cause any rise in the
				flood hazard area design flood elevation outside the regulated water;
4. The device will not cause any existing
				building to be subject to increased flooding during any flood event described
				in
7:13-12.1(i)
;
5. No more than 2,000
				square feet of riparian zone vegetation is cleared, cut, and/or removed;
				and
6. The timing restrictions set
				forth at
7:13-11.5(d)
are observed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.48 - Permit-by-rule 48-temporary storage of unsecured construction material outside a floodway

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 48 authorizes the temporary storage of unsecured construction
				material outside a floodway, which is necessary to facilitate a lawful
				construction activity, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No hazardous substances are stored on the
				site;
2. No storage area is located
				within 25 feet of any top of bank, unless the area lies adjacent to a lawfully
				existing bulkhead, retaining wall, or revetment along a tidal water or
				impounded fluvial water;
3. Any
				clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas; and
4.
				All material is removed from the site and all disturbed areas are restored to
				pre-storage topography within six months of the placement of the
				material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.49 - Permit-by-rule 49-storage of unsecured material associated with a single-family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 49 authorizes the storage of unsecured material associated with
				the use or maintenance of a lawfully existing single-family home or duplex,
				such as lawn and garden equipment and materials, shelters for animals, trash
				receptacles, toys, vehicles, and wood piles, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No hazardous substances are stored on the
				site;
2. The unsecured material is
				of an amount and nature typical for a single-family home or duplex;
3. No unsecured material is located within a
				floodway unless the material was lawfully situated there prior to November 5.
				2007;
4. No unsecured material 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/or the material was lawfully situated there
				prior to November 5, 2007; and
5.
				Any clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.50 - Permit-by-rule 50-storage of unsecured material associated with a habitable building or facility, other than a single family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				50 authorizes the storage of unsecured material associated with the use or
				maintenance of a lawfully existing habitable building or facility, such as
				dumpsters, vehicles, and equipment, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No hazardous substances are stored unless:
i. The storage of hazardous substances is
				essential to the operation of the building or facility;
ii. The hazardous substances are isolated
				from potential contact with floodwaters; and
iii. The hazardous substances are stored in
				accordance with all Federal, State, and local requirements;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.51 - Permit-by-rule 51-storage of unsecured material associated with a facility that stores and distributes material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 51 authorizes the storage
				of unsecured material necessary for the operation of a lawfully existing
				facility, the primary function of which is to store and distribute material,
				such as a gravel pit, junk yard, landscaping business, lumber yard, vehicle
				dealership, rental facility, or impoundment area, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No hazardous substances are stored unless:
i. The storage of hazardous substances is
				essential to the operation of the facility;
ii. The hazardous substances are isolated
				from potential contact with floodwaters; and
iii. The hazardous substances are stored in
				accordance with all Federal, State, and local requirements;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.52 - Permit-by-rule 52-placement, storage, or processing of hazardous substances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				52 authorizes the placement, storage, or processing of hazardous substances at
				a lawfully existing facility, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The facility was established prior to
				November 5, 2007;
2. The facility
				has been in continuous operation since November 5, 2007;
3. The facility is operating in compliance
				with all Federal, State, and local requirements;
4. The size of the facility and the peak
				volume of hazardous substances in the flood hazard area have not increased
				since November 5, 2007;
5. The
				footprint of the area in which the hazardous substances is stored within the
				riparian zone is not increased; and
6. No trees are cleared, cut, and/or removed
				in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.53 - Permit-by-rule 53-placement, storage, or processing solid waste or recyclable materials at a lawfully existing facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 53 authorizes the
				placement, storage, or processing of solid waste or recyclable materials at a
				lawfully existing facility, such as a composting facility, landfill, or
				recycling center, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The facility was established prior to
				November 5, 2007;
2. The facility
				has been in continuous operation since November 5, 2007;
3. The facility is operating in compliance
				with all Federal, State, and local requirements;
4. The size of the facility and the peak
				volume of solid waste and/or recyclable materials in the flood hazard area have
				not increased since November 5, 2007;
5. The footprint of the area in which the
				solid waste and/or recyclable materials is stored within the riparian zone is
				not increased; and
6. No trees are
				cleared, cut, and/or removed in a riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.54 - Permit-by-rule 54-continuation of lawfully existing agricultural activities

Current through Register Vol. 56, No. 14, July 15, 2024
Permit-by-rule 54 authorizes the continuation of lawfully
				  existing agricultural activities, such as grazing, harvesting, horticulture,
				  irrigation, planting, tilling, viticulture, and watering, on land that is
				  actively farmed, provided the conditions at
				  N.J.A.C.
				  7:13-6.7 are met and the activities do not
				  result in the displacement of flood storage volume or the construction of an
				  aboveground structure within a flood hazard area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.55 - Permit-by-rule 55-commencement of new agricultural activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				55 authorizes the commencement of new agricultural activities, such as grazing,
				harvesting, horticulture, irrigation, planting, tilling, viticulture, and
				watering, on land that is not actively farmed, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The existing ground elevation is not
				raised in any floodway;
2. The
				activities do not result in the displacement of flood storage volume or the
				construction of an aboveground structure within a flood hazard area;
				and
3. Any clearing, cutting,
				and/or removal of riparian zone vegetation is limited to actively disturbed
				areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.56 - Permit-by-rule 56 - continuation or commencement of natural resource conservation practices associated with agricultural activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 56 authorizes the
				continuation or commencement of natural resource conservation practices
				associated with agricultural activities, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The activities are approved by the USDA
				Natural Resource Conservation Service and/or local Soil Conservation District,
				as appropriate;
2. The existing
				ground elevation is not raised in any floodway;
3. The activities do not result in the
				displacement of flood storage volume or the construction of an aboveground
				structure within a flood hazard area; and
4. No more than 2,000 square feet of riparian
				zone vegetation is cleared, cut, and/or removed outside of an actively
				disturbed area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.57 - Permit-by-rule 57-construction of a non-habitable building for agricultural purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 57 authorizes the construction of a non-habitable building for
				agricultural purposes, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The footprint of the building is no more
				than 2,000 square feet;
2. The
				building is located outside any floodway;
3. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water; and
4. Any clearing,
				cutting, and/or removal of riparian zone vegetation is limited to actively
				disturbed areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.58 - Permit-by-rule 58 - filling or modification of a manmade regulated water for freshwater wetlands restoration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 58 authorizes the filling
				or modification of a manmade regulated water for the purpose of freshwater
				wetlands restoration, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work is approved by and performed
				under the supervision of the USDA Natural Resource Conservation Service, the
				U.S. Fish and Wildlife Service, and/or the local Soil Conservation District, as
				appropriate;
2. The filling of the
				regulated water will not adversely affect overland drainage or flooding on
				adjoining properties; and
3. No
				more than 2,000 square feet of riparian zone vegetation is cleared, cut, and/or
				removed outside of an actively disturbed area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.59 - Permit-by-rule 59-creation of a ford across a regulated water to manage livestock

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 59 authorizes the creation of a ford across a regulated water to
				manage livestock on actively farmed land, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work is approved by and performed
				under the supervision of the USDA Natural Resource Conservation Service and/or
				local Soil Conservation District, as appropriate;
2. Livestock cross the regulated water on a
				regular basis prior to creation of the ford under this permit;
3. The creation of a stable ford will reduce
				ongoing damage to the regulated water caused by the existing access to the
				regulated water by livestock;
4.
				The ford is situated at or below the existing bed so that the ford will not
				obstruct flow;
5. The ford is
				designed to remain stable during the flood hazard area design flood;
6. The timing restrictions set forth at
7:13-11.5(d)
are observed; and
7. No
				more than 2,000 square feet of riparian zone vegetation is cleared, cut, and/or
				removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.60 - Permit-by-rule 60-construction of a fence along and/or across a regulated water to manage livestock

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 60 authorizes the construction of a fence along and/or across a
				regulated water on actively farmed land, in order to limit or manage livestock
				access to a regulated water and/or to prevent livestock or other animals from
				accessing certain areas, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work is approved by and performed
				under the supervision of the USDA Natural Resource Conservation Service and/or
				local Soil Conservation District;
2. Any fence crossing or situated within a
				regulated water, or located in a floodway, has sufficiently large openings so
				as not to catch debris during a flood and thereby obstruct floodwaters, such as
				a barbed-wire, split-rail, or strand fence. A fence with little or no open
				area, such as a chain link, lattice, or picket fence, does not meet this
				requirement.
3. No trees are
				cleared, cut, and/or removed in a riparian zone, except where necessary to
				accommodate the placement of a fence across a regulated water;
4. Except in the immediate vicinity of any
				fence crossing a regulated water, the fence is placed generally parallel to the
				regulated water; and
5. No more
				than 2,000 square feet of riparian zone vegetation is cleared, cut, and/or
				removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.61 - Permit-by-rule 61 - construction of a pump and/or water intake structure in or along a regulated water for livestock

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 61 authorizes the
				construction of a pump and/or water intake structure in or along a regulated
				water on actively farmed land, in order to provide water for livestock outside
				the regulated water (and thereby limit livestock access to the regulated
				water), provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work is approved by and performed
				under the supervision of the USDA Natural Resource Conservation Service and/or
				local Soil Conservation District, as appropriate;
2. Fill within the flood hazard area is the
				minimum necessary to successfully implement the project;
3. The pump or structure will not impede
				bank-full flow in the regulated water; and
4. No more than 2,000 square feet of riparian
				zone vegetation is cleared, cut, and/or removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.62 - Permit-by-rule 62-construction of a manure management structure for livestock or horses

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 62 authorizes the construction of a manure management structure
				for livestock or horses, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work is approved by and performed
				under the supervision of the USDA Natural Resource Conservation Service and/or
				local Soil Conservation District;
2. The footprint of the structure is no more
				than 1,000 square feet;
3. The
				structure is situated as far from any regulated water as feasible;
4. Where it is not feasible to locate the
				structure outside a floodway, the structure is oriented to minimize obstruction
				to flow;
5. 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
6.
				Any clearing, cutting, and/or removal of riparian zone vegetation is limited to
				actively disturbed areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.63 - Permit-by-rule 63-application of herbicide within riparian zones to control invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 63 authorizes the application of herbicide within riparian zones
				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-quarter acre or less on a site;
				and
2. The activities are conducted
				pursuant to an aquatic pesticide 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 7 - PERMITS-BY-RULE › Section 7:13-7.65

Current through Register Vol. 56, No. 14, July 15, 2024
The adopted
				  version of this Section by
				  50
				  N.J.R. 361(a), effective
				  1/16/2018 is not yet
				  available.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.1 - General permit-by-certification 1-removal of accumulated sediment and debris from a regulated water for agricultural purposes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 1 authorizes the removal of accumulated sediment and
				debris from a regulated water on land that is actively farmed, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The activities are intended solely for
				agricultural purposes;
2. The
				activities are approved by and performed under the supervision of the USDA
				Natural Resource Conservation Service and/or local Soil Conservation
				District;
3. All machinery is
				situated outside the regulated water, except for handheld equipment such as
				hydraulic pumps. Heavy machinery such as backhoes may be used to reach into the
				regulated water to remove material, but cannot be driven into or otherwise
				operated within in the regulated water;
4. The material to be removed consists solely
				of accumulated sediment and debris and does not alter the natural bed and banks
				of the regulated water;
5. The
				timing restrictions set forth at
7:13-11.5(d)
are observed;
6. No
				riparian zone vegetation is cleared, cut, and/or removed, unless such
				disturbance is unavoidable, necessary to gain access to the regulated water,
				and minimized;
7. No trees are
				cleared, cut, and/or removed in a riparian zone;
8. The project is conducted from only one
				bank, and the existing tree canopy on the more southerly or westerly bank is
				preserved in order to shade the regulated water; and
9. All material removed from a regulated
				water is disposed of outside of any regulated area and in accordance with all
				applicable Federal, State, and local requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.2 - General permit-by-certification 2-construction of an agricultural roadway crossing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit-by-certification 2
				authorizes the construction of a roadway across a regulated water on land that
				is actively farmed, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The activities are intended solely for
				agricultural purposes;
2. The
				activities are approved by and performed under the supervision of the USDA
				Natural Resource Conservation Service and/or local Soil Conservation District,
				as appropriate;
3. Disturbance
				within the regulated water is minimized;
4. Where the crossing is accomplished with a
				culvert, the culvert is stabilized with headwalls that have footings which
				extend at least three feet below grade, and which will prevent the culvert from
				displacement during the flood hazard area design flood;
5. Where the crossing is accomplished with a
				bridge, the bridge is constructed with abutments that have footings which
				extend at least three feet below grade, and which will prevent the bridge from
				displacement during the flood hazard area design flood;
6. The proposed roadway surface and all
				embankments are designed to remain stable during the flood hazard area design
				flood;
7. The applicant obtains an
				engineering certification confirming that the proposed roadway crossing will
				not increase flooding offsite;
8.
				The width of disturbance for the construction of the roadway through the
				riparian zone is no more than 25 feet; and
9. 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 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.3 - General permit-by-certification 3-agricultural bank stabilization and/or bank restoration activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 3 authorizes bank stabilization and/or bank restoration
				activities along a regulated water on land that is actively farmed, provided
				the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The activities are intended solely for
				agricultural purposes;
2. The
				activities are approved by and performed under the supervision of the USDA
				Natural Resource Conservation Service and/or local Soil Conservation District,
				as appropriate;
3. Where feasible,
				the project is accomplished by cutting back the bank to a stable slope and
				planting with native, non-invasive plant species suitable for stabilization.
				Generally a slope of no greater than 50 percent (a ratio of two horizontal to
				one vertical) is recommended to stabilize an eroded bank. Where vegetation
				alone cannot feasibly stabilize erosion, or would require greater than 2,000
				square feet of trees to be cleared, cut, and/or removed, soil bioengineering
				shall be used to stabilize the erosion. In no case shall greater than 2,000
				square feet of trees be cleared, cut, and/or removed;
4. The cross-sectional area of the regulated
				water is not significantly altered;
5. The applicant obtains an engineering
				certification confirming that the activity will not obstruct flow in the
				regulated water or floodway;
6.
				Clearing, cutting, and/or removal of riparian zone vegetation is the minimum
				necessary to successfully implement the project; 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 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.4 - General permit-by-certification 4-enhancement of a riparian zone through the planting of native, non-invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 4 authorizes the enhancement of a riparian zone through
				the planting of native, non-invasive plant species, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The riparian zone to be enhanced consists
				of an actively disturbed area, an area of predominantly non-native vegetation,
				and/or an area of invasive plant species;
2. The applicant obtains an engineering
				certification confirming that the existing ground elevation is not being raised
				in any floodway or fluvial flood hazard area;
3. No activities are conducted in a
				channel;
4. No trees are cleared,
				cut, and/or removed within 25 feet of any top of bank, unless the project lies
				adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a
				tidal water or impounded fluvial water;
5. No trees are cleared, cut, and/or removed
				within the riparian zone of a Pinelands water, Category One water, or trout
				production water;
6. The plant
				community habitat type is not adversely altered. For example, invasive shrubs
				must be replaced with native shrubs or trees; and
7. No more than one-quarter acre of riparian
				zone vegetation is cleared, cut, and/or removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.5 - General permit-by-certification 5 - reconstruction, relocation, expansion, and/or elevation of a building outside a floodway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 5 authorizes the reconstruction, relocation, expansion,
				and/or elevation of a lawfully existing building located outside a floodway,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The flood hazard area elevation for the
				site has been determined by a Department delineation or FEMA flood mapping,
				under Methods 1, 2, or 3 (at
7:13-3.3
,
3.4(d)
, and
3.4(e)
, respectively);
2. The building is not located in a
				floodway;
3. The applicant obtains
				an engineering certification confirming that the building is not being expanded
				within or relocated into a floodway;
4. The footprint of the building has not
				increased by more than 750 square feet, cumulatively, since November 5,
				2007;
5. The applicant obtains an
				engineering certification confirming that the lowest floor of the building is
				being reconstructed or elevated to at least one foot above the flood hazard
				area design flood elevation and no lower than the elevation required under the
				Uniform Construction Code, N.J.A.C. 5:23;
6. 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);
7. Any existing enclosure below the lowest
				floor of the building, which does not conform to the requirements of
				N.J.A.C.
				7:13-12.5(p), such as a
				basement having a floor that is below grade along all adjoining exterior walls,
				is abandoned, filled-in, and/or otherwise modified to conform with the
				requirements of
				N.J.A.C.
				7:13-12.5;
8. 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;
9. Any building to be
				relocated is either moved outside a riparian zone or located within an actively
				disturbed area; and
10. No riparian
				zone vegetation is cleared, cut, and/or removed, except for vegetation within
				20 feet of the building, where such disturbance is necessary to access the
				building and facilitate its reconstruction, relocation, expansion, and/or
				elevation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.6 - General permit-by-certification 6 - construction of one single-family home or duplex in a tidal flood hazard area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 6 authorizes the construction of one single-family home
				or duplex in a tidal flood hazard area, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The applicant has obtained a verification
				of any flood hazard area design flood elevation, floodway limits, and riparian
				zone limits onsite, pursuant to N.J.A.C. 7:13-5;
2. The applicant obtains an engineering
				certification confirming that no fill or structures are being placed within a
				floodway;
3. The single-family home
				or duplex is not being constructed as part of a residential subdivision or
				multi-unit development;
4. The lot
				on which the single-family home or duplex is being constructed was not created
				or subdivided after November 5, 2007;
5. The applicant obtains an engineering
				certification confirming that the lowest floor of the single-family home or
				duplex is being 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;
6. 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);
7. Within a 50-foot riparian zone, no more
				than 3,500 square feet of riparian zone vegetation is cleared, cut, and/or
				removed, and 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. Within a 150-foot riparian zone, no more
				than 7,000 square feet of riparian zone vegetation is cleared, cut, and/or
				removed, and no disturbance is located within 75 feet of any top of bank;
				and
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 no disturbance is located within 150 feet of any top
				of bank.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.7 - General permit-by-certification 7-removal of accumulated sediment and debris from an engineered channel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 7 authorizes the use of machinery to remove accumulated
				sediment and debris from an engineered channel. For the purposes of this
				general permit-by-certification, an engineered channel is a channel that is
				fully lined with concrete or other armoring and/or which has been constructed,
				altered, or otherwise manipulated as part of a flood control project. The use
				of machinery to remove accumulated sediment and debris from an engineered
				channel is authorized provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. Where work is proposed along a trout
				production or trout maintenance waters, the timing restrictions set forth at
7:13-11.5(d)
are observed;
2. No
				riparian zone vegetation is cleared, cut, and/or removed, unless such
				disturbance is unavoidable, necessary to gain access to the regulated water and
				minimized;
3. No trees are cleared,
				cut, and/or removed in a riparian zone;
4. The material removed consists solely of
				accumulated sediment and/or debris; and
5. All material removed is disposed of
				outside of any regulated area and in accordance with all applicable Federal,
				State and local requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.8 - General permit-by-certification 8 - construction of an addition to a lawfully existing building

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit-by-certification 8
				authorizes the construction of an addition to a lawfully existing building,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The applicant obtains an engineering
				certification confirming that the addition is not being located within a
				floodway;
2. The footprint of the
				existing building has not increased by more than 750 square feet, cumulatively,
				since November 5, 2007;
3. The
				applicant obtains an engineering certification confirming that the lowest floor
				of the addition is constructed at least one foot above the flood hazard area
				design flood elevation and no lower than the elevation required under the
				Uniform Construction Code, N.J.A.C. 5:23;
4. The construction of the addition, in
				combination with all other proposed improvements, does not result in a
				substantial improvement to the building;
5. Any enclosure below the lowest floor of
				the addition is not used for habitation, remains open to floodwaters, and is
				constructed in accordance with
				N.J.A.C.
				7:13-12.5(p);
6. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water; and
7. No riparian zone
				vegetation is cleared, cut, and/or removed, except for vegetation within 20
				feet of the building, where such disturbance is necessary to access the
				building and facilitate the construction of an addition.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.9 - General permit-by-certification 9-sediment and debris removal within and/or adjacent to a bridge, culvert, or outfall by a public entity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 9 authorizes a public entity to use machinery to remove
				accumulated sediment and debris from a regulated water, within and/or adjacent
				to a lawfully existing bridge, culvert, or stormwater discharge pipe, provided
				the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All machinery is situated outside the
				regulated water, except for handheld equipment such as hydraulic pumps. Heavy
				machinery such as backhoes may be used to reach into the regulated water to
				remove material, but cannot be driven or otherwise placed in the regulated
				water;
2. The sediment and debris
				removal is necessary to maintain positive flow through the structure and/or
				regulated water;
3. The material to
				be removed consists solely of accumulated sediment and debris and does not
				alter the natural bed and banks of the regulated water;
4. Work is limited to within 100 feet of the
				structure;
5. All work is performed
				by, or under the supervision of, a public entity;
6. All work is performed with the full
				consent of the owner of any property upon which the project is
				undertaken;
7. No riparian zone
				vegetation is cleared, cut, and/or removed, unless such disturbance is
				unavoidable, necessary to gain access to the regulated water, and
				minimized;
8. No trees are cleared,
				cut, and/or removed in a riparian zone;
9. The project is conducted from only one
				bank, and the existing tree canopy on the more southerly or westerly bank is
				preserved in order to shade the regulated water;
10. Where work is proposed along a trout
				production or trout maintenance waters, the timing restrictions set forth at
7:13-11.5(d)
are observed; and
11. All
				material removed is disposed of outside of any regulated area and in accordance
				with all applicable Federal, State, and local requirements.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.10 - General permit-by-certification 10-in-kind replacement of a culvert

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit-by-certification 10
				authorizes the in-kind replacement of a culvert along a regulated water,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The culvert being replaced was not removed
				more than one year prior to replacement;
2. The channel is not scoured, incised, or
				otherwise situated such that the invert of the culvert being replaced lies more
				than six inches above the invert of the regulated water;
3. The applicant obtains an engineering
				certification confirming that:
i. The
				replacement culvert is made of the same material as the existing culvert,
				unless the width or diameter of the culvert is no more than two feet or the
				length of the culvert is no more than 20 feet;
ii. The replacement culvert has the same
				wingwall configuration as the existing culvert; and
iii. The elevation of the crown of the
				roadway profile above the culvert and the dimensions of any parapets are not
				being altered within the flood hazard area;
4. No riparian zone vegetation is cleared,
				cut, and/or removed, except for vegetation within 20 feet of the culvert, where
				such disturbance is necessary to facilitate its replacement; and
5. 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 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.11 - General permit-by-certification 11-maintenance of existing manmade stormwater management structures and conveyances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 11 authorizes the maintenance of one or more lawfully
				existing manmade stormwater management structures and conveyances, such as a
				pipe, culvert, ditch, channel, or basin, not including natural channels that
				were previously modified, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. All work occurs within and is necessary
				for the maintenance of the stormwater management structure or
				conveyance;
2. The existing
				stormwater management system is not expanded, enlarged, or otherwise modified
				to receive additional sources of stormwater runoff or include additional
				discharge points;
3. The activities
				are limited to one or more of the following:
i. The removal of accumulated sediment,
				debris, or nuisance vegetation;
ii.
				The stabilization of an eroded structure; or
iii. The repair and/or in-kind replacement of
				one or more of the following:
(1) A culvert
				along a manmade channel;
(2) A
				stormwater pipe, manhole, inlet, or catch basin;
(3) A headwall, discharge structure, or
				associated conduit outlet protection;
(4) A tidegate, levee, or pump station along
				a regulated water that is separated from tidal influence by these structures;
				or
(5) A stormwater management
				basin constructed for a purpose other than to satisfy a mitigation requirement
				under
N.J.A.C. 7:7A
;
4. The applicant obtains an engineering
				certification confirming that the activities will not increase the frequency or
				depth of flooding during any flood event up to and including the flood hazard
				area design flood, either upstream or downstream of the site;
5. No riparian zone vegetation is cleared,
				cut, and/or removed outside the structure or conveyance feature, unless such
				disturbance is unavoidable, necessary to gain access to the structure or
				conveyance feature and minimized; and
6. No trees are cleared, cut, and/or removed
				in a riparian zone outside the structure or conveyance feature.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.12 - General permit-by-certification 12-surveying and geotechnical and archeological investigation activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 12 authorizes surveying and geotechnical and
				archaeological investigation activities, such as creating survey lines, survey
				borings, or excavation for the purpose of obtaining information on subsurface
				conditions, determining the presence or extent of contamination in subsurface
				soils or groundwater, and/or obtaining seismic information, provided the
				conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No regulated activity is conducted within
				a regulated water;
2. No grading or
				changes in topography occur in a flood hazard area;
3. Clearing, cutting, and/or removal of
				riparian zone vegetation is the minimum necessary to obtain the desired
				information and, where possible, is limited to actively disturbed areas;
				and
4. Where a pathway through
				riparian zone vegetation is necessary to accomplish the activities, it is
				limited to no greater than 10 feet in width.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.13 - General permit-by-certification 13 - placement of solar panels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 13 authorizes the placement of solar panels and
				associated equipment, including poles, support structures, inverter pads, and
				electrical apparatus, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The applicant obtains an engineering
				certification confirming that:
i. No panels
				or associated equipment are being placed in a floodway;
ii. The existing ground elevation is not
				being raised in any floodway or fluvial flood hazard area; and
iii. The flood storage displacement
				limitations of
7:13-11.4
are
				met;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.14 - General permit-by-certification 14-placement of water monitoring devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 14 authorizes the placement of water monitoring devices
				in a regulated area, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The devices consist of one or more of the
				following:
i. Water level recording
				devices;
ii. Water quality
				monitoring and testing devices;
iii. Weirs, gauges, or flumes for recording
				water quantity or velocity; and
iv.
				Monitoring wells;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.15 - General permit-by-certification 15-in-kind replacement of public infrastructure

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit-by-certification 15 authorizes the in-kind replacement of public
				infrastructure, which has been damaged by flooding or other severe weather
				event that resulted in the Governor of New Jersey declaring a State of
				Emergency or FEMA declaring a major disaster in New Jersey and applies only to
				those counties and municipalities included in such a declaration. This general
				permit-by-certification authorizes the in-kind replacement of public
				infrastructure where a public entity has determined that immediate action is
				warranted to protect public health, safety, welfare, or the environment. For
				the purposes of this general permit-by-certification, public infrastructure
				means any roadway, railroad, bridge, culvert, storm sewer system, utility, and
				associated structure that are maintained by a public entity.
(b) In addition to satisfying the
				requirements applicable to all general permits-by-certification at
				N.J.A.C.
				7:13-6.7, the applicant shall obtain an
				engineering certification confirming that any in-kind replacement of public
				infrastructure complies with all applicable design and construction standards
				of N.J.A.C. 7:13-10, 11, and 12, except for timing restrictions pursuant to
7:13-11.5(d)
.
(c) All regulated
				activities authorized under this general permit-by-certification shall:
1. Commence within 180 calendar days of the
				date the State of Emergency or FEMA disaster declaration was announced;
				and
2. Be completed within 180
				calendar days of the date that the permittee submitted the required
				certifications resulting in authorization under general permit-by-certification
				15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:13-8.16 - General permit-by-certification 16 - construction of a footbridge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 16 authorizes the construction of a footbridge for use
				by pedestrians only, across a regulated water, provided the conditions at
N.J.A.C. 7:13-6.7
are met
				and:
1. The footbridge is no more than four
				feet wide;
2. The footbridge is no
				more than 14 inches thick, as measured from the top of the deck to the bottom
				of the stringer;
3. In order to
				ensure that the footbridge will not increase flooding offsite, the topographic
				elevation at any property boundaries located within 500 feet upstream of the
				footbridge and within 500 feet on either side of the footbridge is equal to or
				higher than the elevation of the top of the deck plus the thickness of the
				footbridge under (a)2 above. For example, if the elevation of the top of the
				deck is 100 feet NGVD and the thickness of the footbridge is 12 inches, then
				the topographic elevation at the adjacent property boundaries must be at least
				101 feet NGVD;
4. Any pinning or
				anchoring of the footbridge is accomplished without construction in the
				channel;
5. The areas above and
				below the footbridge remain open to the passage of floodwaters. Handrails shall
				have large openings, so as not to catch debris during a flood and thereby
				obstruct floodwaters;
6. The
				existing ground elevation is not raised to accommodate or provide access to the
				footbridge, except for the construction of an earthen access ramp of no more
				than three feet in length; and
7.
				No trees are cleared, cut, and/or removed in a riparian zone.