New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS › Section 7:13-11.2 - Requirements for a regulated activity in a riparian zone

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth the design and construction standards under which the Department
				will issue an individual permit for any regulated activity proposed in a
				riparian zone.
(b) The Department
				shall issue an individual permit for any regulated activity or project that
				results in clearing, cutting, and/or removal of vegetation in a riparian zone
				only if:
1. The basic purpose of the
				regulated activity or project cannot be accomplished onsite without clearing,
				cutting, and/or removal of vegetation in the riparian zone;
2. Clearing, cutting, and/or removal of
				riparian zone vegetation is minimized through methods including:
i. Situating the regulated activity or
				project as far from any regulated water as feasible; and
ii. Limiting construction to actively
				disturbed areas and/or areas wherein the benefits and functions of a riparian
				zone are considerably deteriorated and impaired as a result of previous
				development, such as:
(1) Areas devoid of
				vegetation, including areas covered with structures or other impervious
				surface;
(2) Abandoned pavement
				that has partially revegetated;
(3)
				Areas of dirt and gravel that are primarily devoid of vegetation;
(4) Eroded embankments; and
(5) Landscape islands within a paved parking
				area;
3. All
				existing onsite impervious surface located within 25 feet of the top of bank is
				removed and the riparian zone is replanted with vegetation in accordance with
				(z) below, except in the following cases:
i.
				The regulated activity lies within an actively disturbed area adjacent to a
				lawfully existing bulkhead, retaining wall, or revetment along a tidal water or
				impounded fluvial water;
ii. The
				applicant demonstrates that removing and/or preventing the replacement of the
				existing impervious surface under this paragraph would likely exacerbate
				flooding or erosion, expose hazardous substances or solid waste, or otherwise
				threaten public health, safety, welfare, and/or the environment. In such a
				case, all other portions of the riparian zone within 25 feet of the top of bank
				shall, to the extent feasible and protective of public health, safety, and
				welfare, and the environment, be replanted with vegetation in accordance with
				(z) below; or
iii. The applicant
				demonstrates that removing and/or preventing the replacement of the existing
				impervious surface under this paragraph would prevent reasonable use or access
				to the site and/or cause an unreasonable burden upon the applicant. For
				example, lawfully existing pavement around a building, which is located within
				25 feet of a top of bank, may provide essential access to and around the
				building and the removal of such impervious surface would result in
				noncompliance with local building or fire codes and/or disrupt normal access to
				and throughout the facility. In such a case, all other portions of the riparian
				zone within 25 feet of the top of bank shall, to the extent feasible, be
				replanted with vegetation in accordance with (z) below;
4. The requirements for each specific
				regulated activity described in (g) through (y) below are satisfied, including
				mitigation in accordance with N.J.A.C. 7:13-13, as applicable;
5. All areas from which riparian zone
				vegetation is temporarily cleared, cut, or removed are replanted in accordance
				with (z) below; and
6. All
				additional requirements for each specific regulated activity described
				elsewhere in this chapter are satisfied.