New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:13-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise. Additional definitions specifically applicable to
				  N.J.A.C.
				  7:13-13, Mitigation, are set forth at
				  N.J.A.C.
				  7:13-13.1.
"Actively disturbed area" means any expanse of land within a
				  riparian zone in which vegetation has been permanently or periodically cleared,
				  cut, removed, or otherwise altered by humans to accommodate an ongoing,
				  lawfully existing land use. Forested areas and areas of non-ornamental woody
				  vegetation are not part of an actively disturbed area. Examples of an actively
				  disturbed area include:
1. Any area
				occupied by lawfully existing impervious surface;
2. Any actively farmed area; and
3. Any portion of an easement, right-of-way,
				field, lawn, park, or garden, which is periodically maintained, such as through
				seasonal mowing or cultivation.
"Actively farmed" means currently and continually in use for
				  cultivation, grazing or other agricultural purposes, provided such activities
				  are recognized as agricultural by the USDA. An area that lies fallow as part of
				  a conventional rotational cycle that does not exceed five years is considered
				  to be actively farmed. Farms that have been abandoned for more than five years
				  are not actively farmed.
"Administratively complete" means that every item required
				  on the application checklist for a verification, an authorization under a
				  general permit, or an individual permit is included in the application.
"Anadromous water" means a regulated water that supports
				  anadromous fish, as identified by the Department's Division of Fish and
				  Wildlife. Anadromous fish travel between salt water and fresh water or upstream
				  to spawn, and
7:13-11.5(b)
indicates how to determine which
				  waters support anadromous fishery resources.
"Applicability determination" means the Department's
				  official written statement of the applicability of this chapter to a water,
				  proposed activity, and/or project described at
				  N.J.A.C.
				  7:13-2.5.
"Aquatic habitat enhancement device" means a device placed
				  within and/or adjacent to a channel to enhance aquatic habitat, typically
				  consisting of boulders, brush, deflectors, felled shoreline trees, low-flow
				  channel structures, mud sills, rubble reefs, spawning/nursery structures and/or
				  tire structures.
"Architect" means a professional architect who is licensed to
				  practice in New Jersey.
"Bank" means the inclined side of a channel, an excavated or
				  impounded area or a topographic depression, which confines and/or conducts
				  water.
"Barrier island complex" means the landforms surrounded by
				  both bay and ocean, including barrier islands, spits, and peninsulas, which are
				  situated along New Jersey's Atlantic coastline, and which extend from the
				  northern tip of Sandy Hook, in Monmouth County, to the southern tip of Cape May
				  County. The barrier island complex includes the barrier island corridor, as
				  defined in the Department's Coastal Zone Management Rules at
7:7-9.20
, as well as any associated wetland complex adjacent to the corridor.
				  A barrier island is a long, narrow island that generally lies parallel to the
				  mainland and serves to protect the coast from erosion. A spit is a long, narrow
				  depositional landform projecting outward from the shoreline associated with a
				  barrier island corridor. A peninsula is a narrow expanse of land surrounded by
				  both bay and ocean waters, which is connected to the mainland. The barrier
				  island complex does not include the entire Cape May peninsula, but the Cape May
				  peninsula does include barrier islands, spits and peninsulas along its Atlantic
				  coastline. The barrier island complex does not include bay islands, which are
				  islands or filled areas surrounded by tidal waters, wetlands, beaches, or
				  dunes, lying between the mainland and barrier islands, but which may be
				  connected to the mainland or barrier islands by elevated or fill-supported
				  roads.
"Bed" means the floor of a channel over which water flows
				  continuously or intermittently. Bed also means the floor of an excavated or
				  impounded area or of a topographic depression that confines and/or conducts
				  water.
"Building" means a structure enclosed with exterior walls or
				  fire walls, erected and framed of component structural parts, designed for the
				  housing, shelter, enclosure, and support of individuals, animals, or property
				  of any kind. A building may have a temporary or a permanent foundation. A
				  building that is intended for regular human occupation and/or residence is
				  considered a habitable building.
"Category One water" means a water designated as such in the
				  Department's Surface Water Quality Standards at N.J.A.C. 7:9B.
"Central Passaic Basin" means the regulated area along the
				  following waters:
1. Beaver Dam Brook,
				downstream of Jacksonville Road in Montville Township, Morris County;
2. Black Brook in Florham Park Borough, East
				Hanover Township and Hanover Township, Morris County;
3. Dead River, downstream of Liberty Corner
				Road in Bernards Township, Somerset County;
4. East Ditch, downstream of Jacksonville
				Road in Pequannock Township, Morris County;
5. Harrison Brook, downstream of Lake Road in
				Bernards Township, Somerset County;
6. Passaic River, between U.S. Route 202 in
				Bernards Township, Somerset County, and Harding Township, Morris County, and
				Beatties Dam in Little Falls Township, Passaic County;
7. Pequannock River, downstream of
				Paterson-Hamburg Turnpike in Riverdale Borough, Morris County, and Pompton
				Lakes Borough, Passaic County;
8.
				Pompton River;
9. Ramapo River,
				downstream of the Pompton Lake dam in Pompton Lakes Borough, Passaic
				County;
10. Rockaway River,
				downstream of the Boonton Reservoir dam in Boonton Town and Parsippany-Troy
				Hills Township, Morris County;
11.
				Wanaque River, downstream of Paterson-Hamburg Turnpike in Pompton Lakes
				Borough, Passaic County;
12. West
				Ditch, downstream of Jacksonville Road in Lincoln Park Borough, Morris County;
				and
13. Whippany River, downstream
				of State Route 10 in East Hanover and Hanover Townships, Morris County;
"Channel" means a linear topographic depression that
				  continuously or intermittently confines and/or conducts surface water, not
				  including transient erosional gullies and other ephemeral features that
				  temporarily form after heavy rainfall. A channel can be naturally occurring or
				  can be of human origin through excavation or construction, in which case it is
				  referred to as "manmade." A channel includes both bed and banks.
"Channel modification" means the reconfiguration or
				  reconstruction of all or part of a channel, such as by straightening,
				  relocating, lining, or excavating the channel, or by enclosing the channel
				  within a structure such as a pipe or culvert. The removal of accumulated
				  sediment and debris in accordance with a stream cleaning approval under this
				  chapter is not a channel modification.
"Charitable conservancy" means a corporation or trust that
				  meets the definition of a charitable conservancy at 13:8B-2. (Note: Effective
				  as of June 20, 2016, the definition of charitable conservancy at
13:8B-2
is a corporation or trust whose purposes include the
				  acquisition and preservation of land or water areas or of a particular land or
				  water area, or either thereof, in a natural, scenic or open condition, no part
				  of the net earnings of which inures to the benefit of any private shareholder
				  or individual, and which has received tax exemption under
section
				  501(c) of the 1954 Internal Revenue Code
.)
"Coastal permit" means a permit or an authorization issued
				  under the Coastal Zone Management Rules, N.J.A.C. 7:7, pursuant to the Coastal
				  Area Facility Review Act,
13:19-1
et seq., the Wetlands Act of
				  1970,
13:9A-1
et seq., or the Waterfront Development Law,
				  12:5-3.
"Commissioner" means the Commissioner of the Department, or
				  his or her designated representative.
"Complete for review" means that an application for a
				  verification, an authorization under a general permit, or an individual permit
				  is both administratively and technically complete and is ready to be evaluated
				  by the Department for compliance with the applicable requirements of this
				  chapter.
"Conservation restriction" means a restriction, easement,
				  covenant, or condition, in any deed, will, or other instrument, other than a
				  lease, executed by or on behalf of the owner of the land, appropriate to
				  retaining land or water areas predominantly in their natural state, scenic or
				  open or wooded condition, or for conservation of soil or wildlife, or for
				  outdoor recreation or park use, or for public access to tidal waterways and
				  their shores, or as suitable habitat for fish or wildlife, to forbid or limit
				  any or all of the following:
1.
				Construction or placing of buildings, roads, signs, billboards, or other
				advertising, or other structures on or above the ground;
2. Dumping or placing of soil or other
				substance or material as landfill, or dumping or placing of trash, waste, or
				unsightly or offensive materials;
3. Removal or destruction of trees, shrubs,
				or other vegetation;
4. Excavation,
				dredging or removal of loam, peat, gravel, soil, rock, or other mineral
				substance;
5. Surface use except
				for the purposes permitting the land or water area to remain predominantly in
				its natural condition;
6.
				Activities detrimental to drainage, flood control, water conservation, erosion
				control, or soil conservation, or fish and wildlife habitat preservation;
				and/or
7. Other acts or uses
				detrimental to the retention of land or water areas according to the purposes
				of this chapter.
"Critical building" means a building that:
1. Is essential to maintaining continuity of
				vital government operations and/or supporting emergency response, sheltering,
				and medical care functions before, during, and after a flood, such as a
				hospital, medical clinic, police station, fire station, emergency response
				center, or public shelter; or
2.
				Serves large numbers of people who may be unable to leave the facility through
				their own efforts, thereby hindering or preventing safe evacuation of the
				building during a flood event, such as a school, college, dormitory, jail or
				detention facility, day care center, assisted living facility, or nursing home.
"Dam" means a structure defined as such in the Department's
				  Dam Safety Standards at N.J.A.C. 7:20.
"Department" means the New Jersey Department of Environmental
				  Protection.
"Department delineation" means the flood profiles, flood
				  elevations and/or detailed mapping of the flood hazard area and/or floodway,
				  promulgated by the Department. Appendix 2 of this chapter, incorporated herein
				  by reference, lists the Department delineated waters of New
				  Jersey.
"Documented habitat for threatened or endangered species"
				  means an area for which:
1. There is
				recorded evidence of past use by a threatened or endangered species of flora or
				fauna for breeding, resting or feeding. Evidence of past use by a species can
				include, but is not limited to, sightings of the species or of its sign (for
				example, skin, scat, shell, track, nest, herbarium records, etc.), as well as
				identification of its call; and
2.
				The Department makes the finding that the area remains suitable for use by the
				specific documented threatened or endangered species during the normal
				period(s) the species would use the habitat.
"Drainage area" means a geographic area within which water,
				  sediments and dissolved materials drain to a particular receiving waterbody or
				  to a particular point along a receiving waterbody.
"Drawing" means a graphic depiction of land, vegetation,
				  water, structures, and other physical features on paper, such as a blueprint,
				  construction plan, cross-section, topographic map, architectural rendering or
				  other similar illustration, which is submitted to the Department to describe an
				  existing or proposed activity or condition.
"Duplex" means a residential structure of two attached units
				  in which the interior living space of one unit directly abuts the interior
				  living space of the other unit, either in a side-by-side arrangement sharing a
				  common wall or in a lower unit-upper unit arrangement.
"Emergency authorization" means an authorization to
				  undertake a regulated activity, which is issued by the Department when certain
				  conditions exist that warrant immediate action to protect the environment
				  and/or public health, safety, and welfare, as described at
				  N.J.A.C.
				  7:13-16.
"Engineer" means a professional engineer who is licensed to
				  practice in New Jersey.
"Engineering certification" means a document, signed and
				  sealed by a New Jersey licensed professional engineer, which confirms that one
				  or more requirements of this chapter are met, and which is accompanied by all
				  supporting documentation, calculations, and other information upon which the
				  certification is based. Upon clear and compelling evidence of a threat to
				  public health, safety, welfare, and the environment, a New Jersey licensed
				  professional engineer employed by the Department can reject an engineering
				  certification submitted under this chapter.
"Erosion" means the detachment and movement of soil or rock
				  fragments by water, wind, ice and/or gravity.
"Excavation" means removal or recovery of soil, minerals,
				  mineral substances or organic substances other than vegetation, from the land
				  surface or beneath the land surface, whether the land surface is exposed or
				  submerged. Excavation does not include the movement of material due to
				  erosion.
"FEMA" means the United States Federal Emergency Management
				  Agency.
"FEMA 100-year flood elevation" means the 100-year water
				  surface elevation at a given location, most recently released as an effective
				  FEMA base flood elevation, or any more recent advisory or proposed
				  (preliminary) flood elevation, if either elevation is higher than the effective
				  base flood elevation.
"FEMA flood mapping" means information published or publicly
				  released by FEMA regarding the frequency, location, and/or extent of flooding
				  in a community, such as flood elevations, flood profiles, flow rates, and
				  floodway limits, and including FEMA 100-year flood elevation as defined above.
				  For the purposes of this chapter, such information shall include only that
				  information adopted as part of the most recent effective FEMA Flood Insurance
				  Study, dated on or after January 31, 1980, or any more recent advisory or
				  proposed (preliminary) flood mapping, if the more recent advisory or proposed
				  (preliminary) mapping results in higher flood elevations, wider floodway
				  limits, or greater flow rates than depicted in the most recent effective FEMA
				  Flood Insurance Study, or indicates a change from an A zone to a V zone or
				  coastal A zone. Effective and proposed (preliminary) FEMA flood mapping can be
				  viewed at
http://msc.fema.gov
and
				  advisory flood mapping for coastal areas, where available, can be viewed at
http://www.region2coastal.com
.
				  Questions regarding the availability, use, derivation, or modification of FEMA
				  flood mapping should be directed to FEMA at (800) 358-9616.
"Fill" means to deposit or place material on the surface of
				  the ground and/or under water. "Fill" also means the material being deposited
				  or placed. Fill includes, but is not limited to, concrete, earth, pavement,
				  rock, sand, soil, structures or any stored material such as building material,
				  construction equipment, landscaping material, piles of soil, stone or wood,
				  trash, vegetation in planters and/or root balls, and vehicles. Fill does not
				  include vegetation rooted in the ground, whether naturally occurring or
				  planted.
"Flood control project" means a structural or topographic
				  modification to a channel, flood hazard area and/or riparian zone, performed
				  for the public benefit and undertaken by a public entity, which is designed
				  primarily to reduce flood elevations, reduce the risk of damage from flooding
				  and/or protect an area from flooding or flood damage.
"Flood fringe" means the portion of the flood hazard area
				  that is outside the floodway.
"Flood hazard area design flood" means a flood equal to the
				  100-year flood plus an additional amount of water in fluvial areas to account
				  for possible future increases in flows due to development, climate change, and
				  other factors. This additional amount of water also provides a factor of safety
				  in cases when the 100-year flood is exceeded.
				  N.J.A.C.
				  7:13-3 describes the various methods of
				  determining the flood hazard area design flood for a particular water , as well
				  as the additional amount of water to be added in various
				  situations.
"Flood hazard area" means land, and the space above that
				  land, which lies below the flood hazard area design flood elevation.
				  Structures, fill and vegetation that are situated on land that lies below the
				  flood hazard area design flood elevation are described as being "in" or
				  "within" the flood hazard area. The inner portion of the flood hazard area is
				  called the floodway and the outer portion of the flood hazard area is called
				  the flood fringe. Figures A and B at 7:13-2.3 illustrate these areas as well as
				  the riparian zone along a typical water. The flood hazard area on a particular
				  site is determined using the methods set forth at
				  N.J.A.C.
				  7:13-3. There are two types of flood hazard
				  areas:
1. Tidal flood hazard area, in
				which the flood hazard area design flood elevation is governed by tidal
				flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be
				contributed to or influenced by stormwater runoff from inland areas, but the
				depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is
				greater than flooding from any fluvial sources; and
2. Fluvial flood hazard area, in which the
				flood hazard area design flood elevation is governed by stormwater runoff.
				Flooding in a fluvial flood hazard area may be contributed to or influenced by
				elevated water levels generated by the tidal rise and fall of the Atlantic
				Ocean, but the depth of flooding generated by stormwater runoff is greater than
				flooding from the Atlantic Ocean.
"Flood hazard area design flood" means a flood equal to the
				  100-year flood plus an additional amount of water in fluvial areas to account
				  for possible future increases in flows due to development or other factors.
				  This additional amount of water also provides a factor of safety in cases when
				  the 100-year flood is exceeded.
				  N.J.A.C.
				  7:13-3de scribes the various methods of
				  determining the flood hazard area design flood for a particular water as well
				  as the additional amount of water to be added in various situations.
"Flood hazard area design flood elevation" means the peak
				  water surface elevation that will occur in a water during the flood hazard area
				  design flood.
"Flood hazard area permit" or "permit" means a permit or an
				  authorization issued under this chapter pursuant to the Flood Hazard Area
				  Control Act.
"Flood-proofing" means measures applied to a building that
				  are intended to prevent or provide resistance to displacement, buoyancy, and
				  damage from flooding up to a certain elevation, so as to eliminate or reduce
				  potential flood damage to the building and its contents. There are two types of
				  flood-proofing:
1. Wet flood-proofing,
				which are measures that allow floodwaters to enter a building, and thereby
				balance hydrostatic pressure on the structure during a flood. Wet
				flood-proofing generally includes using flood-resistant materials, protecting
				mechanical and utility equipment, and using openings or breakaway walls;
				and
2. Dry flood-proofing, which
				are measures that prevent floodwaters from entering a building. Dry
				flood-proofing generally includes making the building watertight through
				sealing openings, installing waterproof doors and windows, or sealing walls
				with waterproof coatings, impermeable membranes, and/or a supplementary layer
				of masonry or concrete.
"Floodway" means land, and the space above that land, which
				  lies within the inner portion of the flood hazard area, and which is
				  mathematically determined to be required to carry and discharge floodwaters
				  resulting from the 100-year flood under certain conditions. The floodway always
				  includes the channel and often includes land adjacent to the channel. The
				  floodway is normally characterized by faster and deeper flows than the flood
				  fringe, which is the portion of the flood hazard area outside the
				  floodway.
"Freshwater wetlands" means an area defined as such under the
				  Freshwater Wetlands Protection Act rules at 7:7A-1.4.
"Grace period" means the period of time afforded under the
				  Grace Period Law, 13:1D-125 et seq., for a person to correct a minor violation
				  in order to avoid imposition of a penalty that would otherwise be applicable
				  for such violation.
"Grading" means the movement of soil or other material on the
				  surface of the ground by humans resulting in a change in topography.
"Habitable building" means a building that is intended for
				  regular human occupation and/or residence. Examples of a habitable building
				  include a single-family home, duplex, multi-residence building, or critical
				  building; a commercial building such as a retail store, restaurant, office
				  building, or gymnasium; an accessory structure that is regularly occupied, such
				  as a garage, barn, or workshop; mobile and manufactured homes, and trailers
				  intended for human residence, which are set on a foundation and/or connected to
				  utilities, such as in a mobile home park (not including campers and
				  recreational vehicles); and any other building that is regularly occupied, such
				  as a house of worship, community center, or meeting hall, or animal shelter
				  that includes regular human access and occupation. Examples of a non-habitable
				  building include a bus stop shelter, utility building, storage shed,
				  self-storage unit, construction trailer, or an individual shelter for animals
				  such as a doghouse or outdoor kennel.
"Hazardous substance" means material defined as such in the
				  Spill Compensation and Control Act, N.J.S.A. 58:10 23.11.
"Highlands Preservation Area" means that geographic portion
				  of the State described in the Highlands Water Protection and Planning Act at
				  13:20-7(b)1.
"Hydraulic capacity" means the ability of a channel, flood
				  hazard area or structure to conduct water. Hydraulic capacity is a function of
				  cross-sectional area, hydraulic friction, shape, skew, slope and the presence
				  or absence of obstructions.
"Impervious surface" means a surface that is covered with a
				  layer of material so that it is highly resistant to infiltration by
				  water.
" In-kind" or "in-kind replacement" means the reconstruction
				  or replacement of all or a portion of a lawfully existing structure without
				  altering the location, orientation, physical dimensions, and hydraulic capacity
				  of the structure. For example, the in-kind replacement of a bridge or culvert
				  is one in which the reconstructed or replaced structure is the same shape,
				  cross-sectional area, width, height, and length as the existing structure, is
				  constructed of materials hydraulically equivalent to the existing structure,
				  and is situated in the same location, and at the same orientation and invert
				  elevation, as the existing structure.
"Invasive plant species" means a plant species that is
				  non-native (or alien) to the ecosystem under consideration and whose
				  introduction causes or is likely to cause economic or environmental harm or
				  harm to human health.
"Invert" means the lowest point in a given cross-section of a
				  channel, as well as the lowest point on the inside of a pipe, culvert or any
				  other structure with an opening such as a flood vent.
"Jacking" means the placement of an underground utility line
				  beneath a channel by means of horizontally pushing, drilling or otherwise
				  forcing through the earth below the channel in such a way that the channel is
				  not disturbed.
"Land surveyor" means a professional land surveyor who is
				  licensed to practice in New Jersey.
"Lawfully existing" means an existing fill, structure and/or
				  use, which meets all Federal, State and local laws, and which is not in
				  violation of this chapter because it was established:
1. Prior to January 31, 1980; or
2. On or after January 31, 1980, in
				accordance with the requirements of this chapter as it existed at the time the
				fill, structure and/or use was established.
"Low dam" means an artificial dike, levee or other barrier,
				  which is constructed for the purpose of impounding water on a permanent or
				  temporary basis, but which does not raise the water surface elevation enough to
				  meet the definition of a dam.
" Low-flow aquatic passage" means the ability of aquatic
				  species to travel upstream and downstream in a waterway without impediment
				  during low-flow conditions in a channel. Natural channel beds often possess
				  small rivulets that serve to provide aquatic passage in this way during
				  low-flow conditions, which can occur during dry periods of the year. Bridges,
				  culverts and other manmade structures may also be designed to provide low-flow
				  aquatic passage by inclusion of a linear depression throughout the bottom of
				  the structure in the direction of flow, which collects water during low-flow
				  conditions and allows aquatic species to pass through the structure without
				  impediment.
"Lowest floor" means:
1. The bottom of the lowest supporting
				horizontal structural member of a building, where any portion of the building
				is located within a V zone or a coastal A zone, as delineated or otherwise
				defined by FEMA; and
2. The top
				surface of the floor of the lowest enclosed area of any building not located
				within a V zone or coastal A zone, excluding any unfinished or flood-resistant
				enclosure that is usable solely for vehicle parking, building access, or
				limited storage, and is constructed in compliance with this chapter.
"Method 1" or the "Department delineation method" means the
				  method of determining the flood hazard area design flood elevation and floodway
				  limit from State adopted delineations, as described at 7:13-3.3.
"Method 2" or the "FEMA tidal method" means the method of
				  determining the tidal flood hazard area design flood elevation and floodway
				  limit from FEMA flood mapping, as described at
7:13-3.4(d)
.
"Method 3" or the "FEMA fluvial method" means the method of
				  determining the fluvial flood hazard area design flood elevation and floodway
				  limit from FEMA flood mapping, as described at
7:13-3.4(e)
.
"Method 4" or the "FEMA hydraulic method" means the method
				  of determining the flood hazard area design flood elevation and floodway limit
				  by calculation using flow rate data from FEMA flood mapping, as described at
7:13-3.4(f)
.
"Method 5" or the "approximation method" means the method of
				  determining the flood hazard area design flood elevation from the charts in
				  chapter Appendix 1, incorporated herein by reference, as described at
				  7:13-3.5.
"Method 6" or the "calculation method" means the method of
				  determining the flood hazard area design flood elevation and floodway limit by
				  calculation using flow rates provided by an applicant for a verification under
				  this chapter, as described at 7:13-3.6.
"Mitigation bank" means an operation in which riparian zone
				  vegetation is created, restored, enhanced, or preserved by a mitigation bank
				  operator, for the purpose of providing compensatory mitigation for disturbances
				  to riparian zone vegetation.
"Modification" means a document issued by the Department to
				  revise a valid, previously issued verification, authorization under a general
				  permit, or individual permit as described at
				  N.J.A.C.
				  7:13-22.5 and 6.
"Multi-residence building" means any building intended to
				  provide three or more units of temporary or permanent residence for humans.
				  Examples of a multi-residence building include an apartment building,
				  condominium complex, townhouse complex, hotel, motel, and any mixed-use
				  building that contains three or more units of temporary or permanent residence.
				  A single-family home, duplex, or critical building as defined in this section
				  is not a multi-residence building.
"NGVD" means the national geodetic vertical datum of 1929,
				  which is the reference datum for all surveying, topography and elevations
				  described in this chapter.
" Non-trout water" means a water that is defined as such in
				  the Department's Surface Water Quality Standards at N.J.A.C. 7:9B. A non-trout
				  water is a water that is not trout production, trout maintenance or trout
				  stocked.
"NRCS" means the United States Department of Agriculture
				  Natural Resource Conservation Service.
"Obstruction" means material placed and/or situated in a
				  flood hazard area that can impede or change the direction of the flow of water,
				  either by itself or by catching or collecting debris carried by such
				  water.
" 100-year flood" in fluvial areas means a flood that has a
				  one percent probability of being equaled or exceeded within a one-year period
				  for a given geographic location and/or watershed. In tidal areas, a "100-year
				  flood" means a flood caused by a tidal surge in the Atlantic Ocean, which has a
				  one percent probability of being equaled or exceeded within a one-year
				  period.
"100-year flow rate" means the peak rate at which floodwaters
				  would flow in a given water during a 100-year flood.
"Permit-by-rule" means a flood hazard area permit to
				  undertake a regulated activity for which the terms and conditions are
				  established in a rule promulgated under this chapter at
				  N.J.A.C.
				  7:13-6 and 7 and that is effective without
				  prior written approval from the Department, provided all requirements
				  established for that activity in the applicable permit-by-rule are
				  satisfied.
"Person" means an individual, corporation, corporate officer,
				  partnership, association, the Federal government, the State, a municipality, a
				  commission or political subdivision of the State or any interstate body.
"Pinelands water" means a water designated as such in the
				  Department's Surface Water Quality Standards at
N.J.A.C.
				  7:9B
.
"Private roadway" means a roadway for use by vehicles,
				  including a driveway or access road, which is not a public roadway as defined
				  in this section.
"Project" means all regulated activities occurring and
				  proposed on a site, whether undertaken concurrently or in phases.
"Public roadway" means a roadway for use by vehicles,
				  including a driveway or access road, which is intended for public use and is
				  constructed by or on behalf of the Federal, State, county, or municipal
				  government. A public roadway does not include a roadway constructed as part of
				  a private development, regardless of whether the roadway is ultimately to be
				  dedicated to and/or maintained by a governmental entity.
"Public transportation entity" means a Federal, State,
				  county, or municipal government, an independent State authority, or a
				  statutorily authorized public-private partnership program pursuant to
				  P.L.
				  2018, c. 90 (N.J.S.A.
				  40A:11-52 et seq.), that performs a public
				  roadway or railroad project that includes new construction, expansion,
				  reconstruction, or improvement of a public roadway, parking area, or
				  railroad.
"Reconstruct" means to patch, mend, replace, rebuild and/or
				  restore a lawfully existing structure to a usable condition after decay or
				  damage has occurred, in which 50 percent or greater of the structure is
				  replaced and/or the size, shape or location of the structure is altered. For
				  habitable buildings, the percentage of replacement shall be determined by
				  comparing the cost of the reconstruction to the market value of the building as
				  determined before the start of construction; where the percentage of
				  replacement is 50 percent or greater, such reconstruction shall also constitute
				  a substantial improvement as defined in this section. For all other structures,
				  the percentage of replacement shall be determined by comparing the area of the
				  structure being reconstructed to the total area of the structure.
"Regulated activity" or "activity" means an activity that is
				  regulated under this chapter as described at
7:13-2.4
. Some
				  regulated activities, when performed in a certain manner or to a specified
				  degree, are permitted-by-rule at
				  N.J.A.C.
				  7:13-6 and 7. All regulated activities that
				  are not permitted-by-rule require a general permit-by-certification under
				  N.J.A.C.
				  7:13-6 and 8, a general permit under
				  N.J.A.C.
				  7:13-6 and 9, an individual permit under
				  N.J.A.C.
				  7:13-10, 11, and 12, an emergency
				  authorization under
				  N.J.A.C.
				  7:13-16, or a coastal permit under
N.J.A.C. 7:7
prior to commencement.
"Regulated area" means the flood hazard area and riparian
				  zone along a regulated water, as described at
				  N.J.A.C.
				  7:13-2.3.
"Regulated water" means a water subject to this chapter as
				  described at 7:13-2.2.
"Repair" means to patch, mend, replace, rebuild and/or
				  restore a lawfully existing structure to a usable condition after decay or
				  damage has occurred, in which less than 50 percent of the structure is replaced
				  and the size, shape or location of the structure is not altered. For habitable
				  buildings, the percentage of replacement shall be determined by comparing the
				  cost of the repair to the market value of the building as determined before the
				  start of construction; where the percentage of replacement is less than 50
				  percent, such repair shall not constitute a substantial improvement as defined
				  in this section. For all other structures, the percentage of replacement shall
				  be determined by comparing the area of the structure being repaired to the
				  total area of the structure.
"Revision" means a document issued by the Department to
				  revise a Department delineation as described at
				  N.J.A.C.
				  7:13-3.7 and 3.8.
"Riparian zone" means the land and vegetation within and
				  adjacent to a regulated water as described at 7:13-4.1 and illustrated at
				  N.J.A.C.
				  7:13-2.3.
"Sediment" means solid material, mineral or organic, that is
				  in suspension, is being transported or has been moved from its site of origin
				  by air, water, ice or gravity as a product of erosion.
"Site" means the area within the legal boundary of the
				  property, properties or right-of-way upon which any action under this chapter
				  is requested, proposed, occurring or has occurred, plus any contiguous land
				  owned or controlled by the same person(s). The legal boundary of a property is
				  set forth in the deed(s) of the property. The legal boundary of a right-of-way
				  is set forth in the document creating the right-of-way.
"Site plan" means a graphic depiction of land, vegetation,
				  water, structures, and other physical features on paper, such as a blueprint,
				  construction plan, cross-section, topographic map, architectural rendering, or
				  other similar illustration, which is submitted to the Department to describe an
				  existing or proposed activity or condition.
"Soil bioengineering" means the method of stabilizing eroded
				  banks using vegetation, and sometimes in conjunction with other natural
				  materials, as described at section 650.1601(d)(2) of Chapter 16 in the USDA
				  Natural Resource Conservation Service Engineering Field Handbook, published
				  December 1996, incorporated herein by reference. Copies of the Engineering
				  Field Handbook can be obtained from local NRCS offices.
"Soil Conservation District" means a governmental
				  subdivision of this State, and a public body corporate and politic, organized
				  in accordance with
4:24-1
et seq. Each Soil Conservation
				  District administers New Jersey Department of Agriculture programs for one or
				  more counties. Soil Conservation Districts are overseen by the New Jersey State
				  Soil Conservation Committee in the New Jersey Department of Agriculture, which
				  promulgates the Standards for Soil Erosion and Sediment Control in New Jersey
				  at
N.J.A.C. 2:90
. For the purposes of this chapter only, the
				  term "Soil Conservation District" shall include any exempt municipality
				  authorized to enforce the Standards for Soil Erosion and Sediment Control by
				  ordinance pursuant to 4:24-48.
"Solid waste" means any garbage, refuse, sludge or any other
				  material defined as solid waste in the Solid Waste Rules at 7:26-1.6.
"Solid waste facility" means a facility that is licensed by
				  the State to receive, store and/or process solid waste.
"Species of special concern" means a species that warrants
				  special attention because of inherent vulnerability to environmental
				  deterioration or habitat modification that would result in its becoming
				  threatened if conditions surrounding the species begin or continue to
				  deteriorate. Factors that can lead to classification as special concern
				  include, but are not limited to, species rarity in the State, highly
				  specialized food and/or habitat requirements, low reproductive rate, isolated
				  populations of the species within the State, and/or other characteristics that
				  make the species particularly susceptible to environmental or habitat changes.
				  This category includes a species that meets the foregoing criteria and for
				  which there is little understanding of its current population status in the
				  State.
"Stormwater" means water resulting from precipitation
				  (including rain and snow) that runs off the land's surface, is transmitted to
				  the subsurface or is captured by separate storm sewers or other sewage or
				  drainage facilities.
"Stormwater management basin" means an impoundment created by
				  constructing an embankment, excavating a pit and/or erecting or placing a
				  structure, for the purpose of managing stormwater runoff. A stormwater
				  management basin can be designed to be normally dry (as in a detention or
				  infiltration basin), retain a permanent pool of water (as in a retention basin
				  or wet pond), and/or be planted mainly with vegetation suitable for freshwater
				  wetlands (as in most constructed stormwater wetlands).
"Stormwater runoff" means water flow on the surface of the
				  ground or in storm sewers, resulting from precipitation.
"Structure" means any assemblage of material by humans,
				  including, but not limited to, a berm, bridge, bulkhead, building, cable,
				  causeway, culvert, dam, dike, embankment, fence, guiderail, jetty, levee,
				  pavement, piling, pipe, post, railroad, retaining wall, roadway, stormwater
				  management basin or facility, tower, utility pole, or wire. Vegetation is not a
				  structure. Soil bioengineering material that includes vegetation as well as
				  other material is a structure.
"Substantial damage" means damage of any origin sustained by
				  a structure whereby the cost of restoring the structure to its condition before
				  damage would equal or exceed 50 percent of the market value of the structure
				  before the damage occurred. Restoration of a substantially damaged structure
				  shall constitute a substantial improvement as defined in this
				  section.
"Substantial improvement" means any reconstruction,
				  rehabilitation, addition, or other improvement of a structure, the cost of
				  which equals or exceeds 50 percent of the market value of the structure as
				  determined before the start of construction of the improvement. This term
				  includes structures that have sustained substantial damage regardless of the
				  actual repair work performed. Substantial improvement does not include:
1. Any project for improvement of a structure
				to correct existing violations of State or local health, sanitary, or safety
				code specifications which have been identified by the local code enforcement
				officer and which are the minimum necessary to assure safe living conditions;
				or
2. Any alteration of a building
				designated by the State as an historic structure, provided that the alteration
				will not preclude the structure's continued designation as an historic
				structure.
"Technically complete" means that each item included in an
				  application for a verification, an authorization under a general permit, or an
				  individual permit provides sufficient information for the Department to declare
				  the application complete for review.
"Temporary" means a regulated activity that occupies,
				  persists, and/or occurs on a site for no more than six months. For example, a
				  fill or structure is temporary if, within six months of its placement, the fill
				  or structure is removed from the site, all disturbed regulated areas are
				  restored to their original topography, and all necessary measures are
				  implemented to ensure that the original vegetative cover onsite is restored to
				  its previous (or an improved) condition. Where a disturbance associated with
				  certain regulated activities, such as hazardous substance remediation or solid
				  waste facility closure, is intended to be temporary but will exceed six months
				  in duration because of the nature of the activity, the Department will consider
				  the disturbance to be temporary for purposes of this chapter provided the
				  disturbed areas are restored to their original topography, and all necessary
				  measures are implemented to ensure that the original vegetative cover onsite is
				  restored to its previous (or an improved) condition.
"Threatened or endangered species" means a species identified
				  pursuant to the Endangered and Nongame Species Conservation Act, 23:2A-1 et
				  seq., the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.
				  or the Endangered Plant Species List, 7:5C-5.1, and any subsequent amendments
				  thereto.
"Top of bank" means the upper limit of the bank of a
				  regulated water, which is typically characterized by an observable change or
				  break in the slope of the land. Where the top of bank is not discernible along
				  the regulated water, the top of bank shall be considered:
1. The feature's centerline, for a linear
				regulated water that has a drainage area of less than 150 acres;
2. The limits of the two-year flood, for a
				linear regulated water that has a drainage area of 150 acres or more;
3. The normal water surface limit, for:
i. A linear fluvial regulated water that
				contains water at all times and has a drainage area of 10 square miles or more;
				or
ii. A non-linear fluvial
				regulated water, such as a lake or pond;