reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT OR AUTHORIZATION IS REQUIRED › Section 7:13-2.1 - When a permit or authorization is required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				person shall engage in a regulated activity in a regulated area without a flood
				hazard area permit as required by this chapter, or a coastal permit as required
				by N.J.A.C. 7:7, as set forth at (b) and (c) below. Initiation of a regulated
				activity in a regulated area without a flood hazard area permit or a coastal
				permit as set forth at (b) below (except as provided at (c) below) shall be
				considered a violation of this chapter and shall subject the party or parties
				responsible for the regulated activity to enforcement action, as set forth at
				N.J.A.C.
				7:13-24. Regulated areas are set forth at
				N.J.A.C.
				7:13-2.3 and regulated activities are set
				forth at N.J.A.C. 7:13-2.4.
(b) Except as provided in (c) or (e) below, a
				person undertaking any regulated activity in a regulated area shall do so only
				in accordance with one of the following:
1. A
				permit-by-rule, pursuant to
				N.J.A.C.
				7:13-6 and 7;
2. An authorization under a general
				permit-by-certification, pursuant to
				N.J.A.C.
				7:13-6 and 8;
3. An authorization under a general permit,
				pursuant to
				N.J.A.C.
				7:13-6 and 9;
4. An individual permit, pursuant to
				N.J.A.C.
				7:13-10, 11, and 12;
5. An emergency authorization, pursuant to
				N.J.A.C.
				7:13-16; or
6. A coastal permit, pursuant to
N.J.A.C. 7:7
, provided:
i.
				The application for the coastal permit was declared by the Department as
				complete for final review on or after November 5, 2007; and
ii. If activities are proposed in a fluvial
				flood hazard area, the applicant meets one of the four conditions at
				N.J.A.C.
				7:13-5.5(a)  regarding the
				need for a verification of the flood hazard area and/or floodway
				onsite.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT OR AUTHORIZATION IS REQUIRED › Section 7:13-2.2 - Regulated waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All waters in New Jersey are regulated
				under this chapter except those described at (a)1 through 4 below. Every
				regulated water possesses a flood hazard area and/or a riparian zone as set
				forth at
7:13-2.3
:
1. Any manmade canal;
2. In accordance with
58:16A-60
, any coastal
				wetlands regulated under the Wetlands Act of 1970 (
13:9A-1
et
				seq.);
3. Any segment of water that
				has a drainage area of less than 50 acres, provided one or more of the
				following applies:
i. The water has no
				discernible channel;
ii. The water
				is confined within a lawfully existing, manmade conveyance structure or
				drainage feature, such as a pipe, culvert, ditch, channel, or basin (not
				including any water that historically possessed a naturally-occurring,
				discernible channel, which has been piped, culverted, ditched, or similarly
				modified); and/or
iii. The water is
				not connected to a regulated water by a channel or pipe, such as an isolated
				pond or depression that has no outlet; and
4. Any water-filled depression created in dry
				land incidental to construction or remediation activity and pits excavated in
				dry land for the purpose of obtaining fill, sand, or gravel unless and until
				the construction or excavation operation is abandoned and the resulting body of
				water meets the definition of "waters of the United States" in the Freshwater
				Wetlands Protection Act Rules at
7:7A-1.4
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT OR AUTHORIZATION IS REQUIRED › Section 7:13-2.3 - Regulated areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each regulated water, as described at
N.J.A.C. 7:13-2.2
, the
				Department identifies and regulates the water and the area surrounding it in
				two different ways, resulting in the regulated areas described at (b) and (c)
				below.
(b) A flood hazard area
				exists along every regulated water that has a drainage area of 50 acres or
				greater. If a regulated water has a drainage area of less than 50 acres, the
				water does not possess a flood hazard area that is regulated under this
				chapter.
1. The flood hazard area is
				comprised of a flood fringe and a floodway, except for the Atlantic Ocean and
				other non-linear tidal waters such as bays and inlets, which do not have a
				floodway. Therefore, the entire flood hazard area along these tidal waters is
				considered to be a flood fringe for the purposes of this chapter.
2. The methods for determining the limits of
				the flood fringe and floodway are described at
N.J.A.C.
				7:13-3
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT OR AUTHORIZATION IS REQUIRED › Section 7:13-2.4 - Regulated activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any action that
				includes or results in one or more of the following constitutes a regulated
				activity under this chapter if undertaken in a regulated area, as described at
7:13-2.3
:
1. The alteration of topography through
				excavation, grading and/or placement of fill;
2. The clearing, cutting, and/or removal of
				vegetation in a riparian zone. Areas containing vegetation for a portion of the
				year, such as agricultural areas that are periodically plowed and cultivated,
				are considered vegetated for the purposes of this chapter;
3. The creation of impervious
				surface;
4. The storage of
				unsecured material;
5. The
				construction, reconstruction, repair, alteration, enlargement, elevation, or
				removal of a structure; and
6. The
				conversion of a building into a single-family home or duplex, multi-residence
				building, or critical building.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT OR AUTHORIZATION IS REQUIRED › Section 7:13-2.5 - Applicability determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				person may request an applicability determination from the Department to
				determine the applicability of this chapter to a segment of water or to one or
				more proposed activities, subject to the limitations in (b) below. An
				applicability determination is optional, but the Department encourages persons
				to request one if there is uncertainty about whether a particular water or
				activity is regulated, since conducting unauthorized activities may result in
				enforcement action.
(b) The
				Department will not undertake a site inspection or review engineering
				calculations in the context of an applicability determination.
(c) A person requesting an applicability
				determination shall submit to the Department, at the address set forth at
				N.J.A.C.
				7:13-1.3, the following:
1. A completed application form as described
				at N.J.A.C. 7:13-22.3(c)1
				 and available from the Department at the
				address set forth at
				N.J.A.C.
				7:13-1.3;
2. A copy of a USGS quad map with the segment
				of water in question indicated and/or the site in question clearly outlined to
				scale; and
3. A copy of any
				available Department delineation and FEMA flood mapping, with the segment of
				water in question indicated and/or the site in question clearly outlined to
				scale.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.1 - General provisions for determining the flood hazard area and floodway along a regulated water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter provides six methods for
				determining the flood hazard area and floodway along a regulated water as
				follows:
1. Method 1 (Department delineation
				method) as described at
				7:13-3.3;
2. Method 2 (FEMA tidal method) as described
				at 7:13-3.4(d);
3. Method 3 (FEMA fluvial method) as
				described at
				7:13-3.4(e);
4. Method 4 (FEMA hydraulic method) as
				described at
				7:13-3.4(f);
5. Method 5 (approximation method) as
				described at
				7:13-3.5; and
6. Method 6 (calculation method) as described
				at 7:13-3.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.2 - Selecting a method for determining the flood hazard area and floodway along a regulated water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are a number of factors that
				influence the selection of a method for determining the flood hazard area and
				floodway on a given site, as set forth in (b) through (e) below. These factors
				include the existence of a Department delineation or FEMA flood mapping,
				whether the applicant prefers to calculate the flood hazard area and/or
				floodway limits, and what type of project is proposed. Furthermore, each method
				has certain limitations on its usefulness and availability as described in this
				subchapter. Applicants are encouraged to carefully review the entire subchapter
				before selecting a method.
(b)
				Where a Department delineation for a regulated water has been promulgated on or
				after January 24, 2013, an applicant shall determine the flood hazard area and
				floodway limits using this delineation in accordance with Method 1, as set
				forth at 7:13-3.3.
(c) Where a Department delineation for a
				regulated water has been promulgated prior to January 24, 2013, an applicant
				may:
1. Determine the flood hazard area
				and/or floodway in accordance with (c)1i or ii below, whichever results in a
				higher flood hazard area design flood elevation and wider floodway limit:
i. The Department delineation described in
				(c) above, in accordance with Method 1, as set forth at
				7:13-3.3; or
ii. FEMA flood mapping, in accordance with
				Method 2 in a tidal flood hazard area or Method 3 in a fluvial flood hazard
				area, as set forth at
7:13-3.4(d)
and (e), respectively; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.3 - Flood hazard area and floodway based on a Department delineation (Method 1)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the procedure for
				determining a flood hazard area design flood elevation and floodway limit from
				a Department delineation. Appendix 2 of this chapter lists the Department
				delineated waters of New Jersey. Requests for copies of a Department
				delineation, including flood profiles and maps, as well as any questions
				regarding the use, derivation or modification of these delineations, should be
				directed to the Department's Office of Floodplain Management at the following
				address:
State of New Jersey
Department of Environmental Protection
Bureau of Dam Safety and Flood Control
P.O. Box 419
Trenton, New Jersey 08625-0419
Telephone: (609) 984-0859
(b) Under Method 1:
1. The flood hazard area design flood
				elevation shall be equal to two feet above the design flood elevation shown on
				the flood profile adopted as part of the Department delineation, unless
				subsequent to July 17, 2023, the Department revises a flood profile in
				accordance with
				N.J.A.C.
				7:13-3.8 to account for changes in flood
				elevations due to increased precipitation, in which case the flood hazard area
				design flood elevation is that which is shown on the revised flood profile;
				and
2. The floodway limit is that
				which is shown on the flood maps adopted as part of the Department
				delineation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.4 - Flood hazard area and floodway based on FEMA flood mapping (Methods 2 through 4)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the procedure for
				determining a flood hazard area design flood elevation and floodway limit from
				FEMA flood mapping.
(b) The methods
				set forth in this section for determining the flood hazard area and floodway
				along a regulated water may be used only if FEMA flood mapping exists for the
				section of regulated water in question, which includes the information needed
				for the Method that is being used. For example, Methods 2 and 3 below require
				that the FEMA flood mapping includes the regulated water's 100-year flood
				elevation, and Method 4 below requires that the FEMA flood mapping includes the
				regulated water's 100-year flow rate.
(c) There are three methods by which FEMA
				flood mapping may be used to determine the flood hazard area and floodway limit
				along a regulated water as follows:
1. Method
				2 (FEMA tidal method), set forth at (d) below, which applies to a tidal flood
				hazard area for which a flood profile exists for the section of regulated water
				in question. If FEMA flood mapping does not provide a 100-year flood elevation,
				it is not possible to use this method;
2. Method 3 (FEMA fluvial method), set forth
				at (e) below, which applies to a fluvial flood hazard area for which a flood
				profile exists for the section of regulated water in question. If FEMA flood
				mapping does not provide a 100-year flood elevation, it is not possible to use
				this method; and
3. Method 4 (FEMA
				hydraulic method), set forth at (f) below. This method may be used only if the
				following requirements are satisfied:
i. FEMA
				flood mapping provides a 100-year flow rate for the regulated water. In most
				tidal flood hazard areas a large area is inundated due to flooding from the
				Atlantic Ocean, and therefore FEMA does not provide a 100-year flow rate for
				the regulated water itself. In such a case, it is not possible to use this
				method; and
ii. The applicant
				proposes a regulated activity in the flood hazard area and applies for an
				individual permit under this chapter, for which the Department requires
				hydraulic calculations comparing pre-construction and post-construction water
				surface elevations within the regulated water, in order to demonstrate that the
				regulated activity complies with this chapter. Examples of activities that
				require such an analysis are detailed at
7:13-12.1(f)
,
12.1(g)
, and 12.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.5 - Flood hazard area determined by approximation (Method 5)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth the procedure for approximating a flood hazard area design flood
				elevation using the method described in chapter Appendix 1. This method does
				not provide a floodway limit. Therefore, the Department shall issue an
				authorization under a general permit or an individual permit for a regulated
				activity within an approximated flood hazard area only if the project meets the
				requirements at (f) below.
(b) The
				flood hazard area design flood elevation for a regulated water can be
				approximated under Method 5, provided the following requirements are satisfied:
1. Method 1 (Department delineation method)
				set forth at
				7:13-3.3 cannot be used because no
				Department delineation exists for the section of regulated water in
				question;
2. Methods 2 through 4
				(FEMA fluvial, FEMA tidal, and FEMA hydraulic methods) set forth at
7:13-3.4
cannot be used
				because no qualifying FEMA flood mapping exists for the section of regulated
				water in question; and
3. The
				drainage area of the water at the project site does not exceed 30 square
				miles.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.6 - Flood hazard area and floodway determined by calculation (Method 6)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the procedure for
				determining a flood hazard area design flood elevation and floodway limit via
				hydrologic and hydraulic calculations.
(b) If the following conditions exist, Method
				6 is the only method by which an applicant may determine the flood hazard area
				and floodway along a regulated water:
1.
				Method 1 (Department delineation method) set forth at 7:13-3.3 cannot be used
				because no Department delineation exists for the section of regulated water in
				question;
2. Methods 2 through 4
				(FEMA fluvial, FEMA tidal, and FEMA hydraulic methods) set forth at
7:13-3.4
cannot be used because no qualifying FEMA flood
				mapping exists for the section of regulated water in question; and
3. Method 5 (approximation method) set forth
				at
7:13-3.5
cannot be used for one of the following reasons:
i. The requirements for using the approximate
				method at 7:13-3.5(b) are not satisfied;
ii. The Department determines that the
				approximate method will significantly underestimate the depth of flooding on
				the site in question, pursuant to 7:13-3.5(e); or
iii. The applicant is proposing a regulated
				activity for which the requirements at
				N.J.A.C.
				7:13-5.4 are not
				satisfied.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.7 - Revision of a Department delineation by application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section applies to the revision of a
				flood hazard area design flood elevation, flood hazard area limit, floodway
				limit, and/or other related feature on a flood hazard area delineation that has
				been promulgated by the Department, in response to an application made to the
				Department by any person. Appendix 2 of this chapter lists the Department
				delineated waters of New Jersey.
(b) There are two types of delineation
				revisions, as follows:
1. A minor revision of
				a delineation is a change in the flood hazard area design flood elevation,
				flood hazard area limit, floodway limit and/or other related feature, which
				does not require the Department to review detailed engineering calculations in
				order to determine that the revision is accurate. Examples of a minor revision
				include the following, provided no review of calculations is required:
i. Correcting a drafting error;
ii. Improving topographical data;
iii. Deletion or addition of structures that
				were previously unmapped or mapped in error (unless said structure would alter
				the original hydraulic modeling); and
iv. Adding notes, labels or other clarifying
				information required by the Department or another governing body; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY › Section 7:13-3.8 - Revision or suspension of a Department delineation by the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				Department determines, independent of an application pursuant to
				N.J.A.C.
				7:13-3.7, that an existing Department
				delineation as listed in chapter Appendix 2 underestimates the extent of the
				floodway and/or flood hazard area, and that it is in the best interest of
				public health, safety, and welfare to revise a delineation, the Department
				shall do one of the following:
1. If the
				Department has sufficient topographic, hydrologic, and hydraulic data to
				adequately revise the delineation, the Department shall initiate a revision as
				follows:
i. For a minor delineation revision
				as described at
				N.J.A.C.
				7:13-3.7(b)1, the Department
				shall revise the delineation as necessary; or
ii. For a major delineation revision as
				described at
				N.J.A.C.
				7:13-3.7(b)2, the Department
				shall follow the procedure described at
				N.J.A.C.
				7:13-3.7(i); or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 4 - DETERMINING THE RIPARIAN ZONE › Section 7:13-4.1 - The riparian zone

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A riparian zone is the land and
				vegetation within and adjacent to a regulated water. Riparian zones exist along
				both sides of every regulated water and include the regulated water itself,
				except as provided at
N.J.A.C.
				7:13-2.3(c)
1. The
				extent of a riparian zone is determined in accordance with (b) through (h)
				below.
(b) The portion of the
				riparian zone located outside of a regulated water is measured landward from
				the top of bank.
(c) The width of
				the riparian zone is as follows:
1. The width
				of the riparian zone along any regulated water designated as a Category One
				water, and all upstream tributaries situated within the same HUC-14 watershed,
				is 300 feet;
2. Except for the
				regulated waters listed at (c)1 above, the width of the riparian zone along the
				following regulated waters is 150 feet:
i.
				Any trout production water and all upstream waters (including
				tributaries);
ii. Any trout
				maintenance water and all upstream waters (including tributaries) located
				within one mile of a trout maintenance water (measured along the length of the
				regulated water); and
iii. Any
				segment of a water flowing through an area that contains a threatened or
				endangered species, and/or present or documented habitat for those species,
				which is critically dependent on the regulated water for survival, and all
				upstream waters (including tributaries) located within one mile of such habitat
				(measured along the length of the regulated water). A list of critically
				dependent species is available from the Department at the website set forth at
N.J.A.C. 7:13-1.3
;
				and
3. For all other
				regulated waters not identified in (c)1 or 2 above, the width of the riparian
				zone is 50 feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 4 - DETERMINING THE RIPARIAN ZONE › Section 7:13-4.2 - Determining if a riparian zone is forested or unforested

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section specifies the process for
				determining if an area is classified as forested or unforested. Once an area is
				determined to be forested in accordance with (b) or (c) below, the limit of the
				forested area is determined pursuant to (d) below.
(b) To determine if a riparian zone or
				portion of a riparian zone is forested:
1.
				The limit of the forest shall be identified using aerial photographs obtained
				from the Department at
http://www.nj.gov/dep/gis
;
				and
2. If the aerial photograph
				contains areas of sporadic coverage that have not been identified as forest by
				the applicant, the applicant shall overlay a one-half acre grid system provided
				by the Department on its website at
http://www.nj.gov/dep/landuse/guidance.html
.
				For any grid block containing 33 percent or greater forest cover, the limit of
				the forested area shall be determined pursuant to (d) below, unless the
				applicant demonstrates in accordance with (c) below that the size and density
				of the trees in the area are not sufficient for the area to be considered
				forest.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 5 - VERIFICATIONS › Section 7:13-5.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the general provisions relating
				  to a verification; the duration of a verification; the reissuance of a
				  verification; when a verification is required for issuance of an authorization
				  under a general permit or an individual permit; and the conditions that apply
				  to a verification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 5 - VERIFICATIONS › Section 7:13-5.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				verification provides the Department's official determination of one or more of
				the following and can be issued for either an entire site or portion of a site:
1. The flood hazard area design flood
				elevation;
2. The flood hazard area
				limits, or a determination that the entire verified area lies within a flood
				hazard area;
3. The floodway
				limits, or a determination that the entire verified area lies within a
				floodway; and/or
4. The riparian
				zone limits, or a determination that the entire verified area lies within a
				riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 5 - VERIFICATIONS › Section 7:13-5.3 - Duration of a verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Except as provided at (b) below, a verification is valid for five years from
				the date of issuance.
(b) A
				verification is valid for 10 years from the date of issuance where the
				verification is issued concurrently with an individual permit that is valid for
				10 years, pursuant to
7:13-10.2(b)
.
(c) A verification can
				be automatically reissued one time with the issuance of a permit for a
				regulated activity that relies on the verification, pursuant to
				N.J.A.C.
				7:13-5.4.
(d) A verification can be extended one time
				for five years pursuant to
				N.J.A.C.
				7:13-22.3(c), provided that
				it was not previously reissued under
				N.J.A.C.
				7:13-5.4 or issued concurrently with a
				10-year individual permit as described in (b) above.
(e) A person who is issued a verification
				pursuant to this subchapter shall be entitled to rely on the determination of
				the Department, concerning the presence, absence, or extent of flood hazard
				areas, riparian zones, or floodways for the term specified at (a) through (d)
				above, unless the Department determines that the verification is based on
				inaccurate or incomplete information, in which case the Department may void the
				original verification and issue a new verification reflecting the actual
				conditions on the site. For example, the verification may be revised to reflect
				additional flood hazard areas or riparian zones identified after verification
				issuance; or if a threatened or endangered species habitat is disclosed or
				discovered after the verification was issued, the Department may correct the
				width of the riparian zone.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 5 - VERIFICATIONS › Section 7:13-5.4 - Reissuance of a verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If
				the Department issues a verification that is valid for five years and
				subsequently approves an authorization under a general permit or an individual
				permit for a regulated activity that references or relies upon the
				verification, the Department shall automatically reissue the verification upon
				approval of the authorization or permit to align the expiration date of the
				verification with the expiration date of the authorization or permit, provided:
1. The Department has not previously extended
				or reissued the verification;
2.
				The reissued verification reflects any alterations to the flood hazard area
				design flood elevation, flood hazard area limit, and/or floodway limit that
				will result from the authorization or permit; and
3. All pre- and post-construction flood
				hazard area elevations, floodway limits, and riparian zone limits, as
				applicable, are delineated on site plans approved under the reissued
				verification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 5 - VERIFICATIONS › Section 7:13-5.5 - When a verification is required for issuance of an authorization under a general permit or an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at (b) and (c) below,
				the flood hazard area design flood elevation, and floodway limit, where
				present, must be known and verified within the project area pursuant to
				N.J.A.C.
				7:13-5.2 in order for the Department to
				determine compliance with the requirements of this chapter and issue an
				authorization under a general permit or an individual permit. An applicant for
				an authorization under a general permit or an individual permit shall therefore
				demonstrate that:
1. The applicant possesses
				a valid verification of the flood hazard area design flood elevation, and also
				the floodway limit, if present, for the project area;
2. The applicant has applied for a
				verification of the flood hazard area design flood elevation, and also the
				floodway limit, where present, for the project area, and the Department
				subsequently approves the verification either prior to or concurrent with the
				issuance of the authorization under a general permit or individual
				permit;
3. The project meets the
				conditions of (b)1, 2, or 3 below, in which case no verification is required in
				order to obtain an authorization under a general permit or an individual
				permit; or
4. The project meets the
				conditions of (c) below, in which case a verification of only the flood hazard
				area design flood elevation is required either prior to or concurrent with the
				issuance of an authorization under a general permit or an individual
				permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 5 - VERIFICATIONS › Section 7:13-5.6 - Conditions that apply to an issued or reissued verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 90 calendar days after the
				Department issues or reissues a verification on a privately owned lot, or on a
				publicly owned lot other than a right-of-way, the recipient of the verification
				shall submit the following information to the Office of the County Clerk or the
				registrar of deeds and mortgages in which the site is located, and shall send
				proof to the Department in accordance with (b) below, that this information is
				recorded on the deed of each lot referenced in the verification:
1. The Department file number for the
				verification;
2. The approval and
				expiration dates of the verification;
3. A metes and bounds description of any
				flood hazard area limit and/or floodway limit approved under the
				verification;
4. The flood hazard
				area design flood elevation, or range of elevations if variable, approved under
				the verification;
5. The width and
				location of the any riparian zone approved under the verification;
				and
6. The following statement:
				"The State of New Jersey has determined that all or a portion of this lot lies
				in a flood hazard area and/or riparian zone. Certain activities in flood hazard
				areas and riparian zones are regulated by the New Jersey Department of
				Environmental Protection and some activities may be prohibited on this site or
				may first require a flood hazard area permit. Contact the Division of Land Use
				Regulation at (609) 292-0060 or
http://www.nj.gov/dep/landuse
for
				more information prior to any construction onsite."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the standards for the Department
				  to issue, by rulemaking, permits-by-rule, general permits-by-certification, and
				  general permits; the use of these permits to conduct authorized activities; the
				  standards governing the use of more than one of these permits on a single site;
				  the duration of authorizations under these permits; and the conditions that
				  apply to these permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.2 - Standards for issuance, by rulemaking, of permits-by-rule, general permits-by-certification, and general permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Department will, in accordance with the rulemaking provisions of the New
				Jersey Administrative Procedure Act,
52:14B-1
et seq.,
				promulgate each permit-by-rule, general permit-by-certification, or general
				permit after publication of a notice of rule proposal in the New Jersey
				Register and consideration of public comment.
(b) The Department will promulgate a
				permit-by-rule, general permit-by-certification, or general permit only if:
1. The Department determines that the
				regulated activity will cause only minimal adverse impacts on flooding and the
				environment when performed separately, and will have only minimal cumulative
				adverse impacts on flooding and the environment; and
2. The Department has provided public notice
				and an opportunity for public comment with respect to the proposed
				permit-by-rule, general permit-by-certification, or general permit. After a
				general permit-by-certification or general permit has been promulgated pursuant
				to this subchapter, the Department will not hold public hearings on individual
				applications for authorization under a general permit-by-certification or
				general permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.3 - Use of a permit-by-rule, or an authorization pursuant to a general permit-by-certification or a general permit to conduct regulated activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				activity that meets the requirements of a permit-by-rule may be conducted
				without prior Department approval.
(b) An activity that meets the requirements
				of a general permit-by-certification may be conducted when the person proposing
				to conduct the activity receives the automatic authorization resulting from
				completion of the application submission through the Department's electronic
				system in accordance with
				N.J.A.C.
				7:13-18.3.
(c) An activity that meets the requirements
				of a general permit may be conducted when the person proposing to conduct the
				activity receives authorization from the Department in accordance with N.J.A.C.
				7:13-21.
(d) A permit-by-rule or an
				authorization under a general permit-by-certification or general permit does
				not relieve the person conducting the authorized regulated activities from the
				obligation to obtain any other applicable permits or approvals required by
				law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.4 - Use of more than one permit on a single site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may undertake a regulated
				activity more than once on a single site. The activity may be authorized each
				time under a single permit-by-rule, general permit-by-certification, or general
				permit, provided the individual limits and conditions of the permit are not
				exceeded, either individually or cumulatively. For example, if a particular
				activity may be conducted under a permit-by-rule with a disturbance limit of
				750 square feet and the same activity may be authorized under a general permit
				with a disturbance limit of 1,500 square feet, a person who has disturbed 750
				square feet of riparian zone vegetation under a permit-by-rule may apply for a
				general permit to increase the area of disturbance but would only be allowed a
				maximum of an additional 750 square feet so as not to exceed the 1,500 square
				feet total disturbance limitation applicable to the general permit.
(b) A person may undertake more than one
				regulated activity on a single site. The activities may be authorized under one
				or more permit-by-rule, general permit-by-certification, and/or general permit,
				provided the individual limits and conditions of each permit are not
				exceeded.
(c) Once the limits and
				conditions of a permit-by-rule, general permit-by-certification, and/or general
				permit have been reached on a single site:
1.
				No further activities under that permit can be authorized on that site,
				regardless of how much time passes, or whether the site is subsequently
				subdivided or transferred to a new owner; and
2. A person seeking to undertake the
				regulated activity on that site must obtain an individual permit under this
				chapter authorizing the regulated activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.5 - Duration of an authorization under a general permit-by-certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				authorization under a general permit-by-certification is valid for five years
				from the date of issuance of the authorization.
(b) The five-year term of an authorization
				under a general permit-by-certification shall not be extended.
(c) All regulated activities being conducted
				pursuant to an authorization under a general permit-by-certification shall
				immediately cease if the authorization expires.
(d) If an authorization under a general
				permit-by-certification expires and the person intends to commence or continue
				the regulated activities, the person shall obtain a new authorization or permit
				under this chapter authorizing the regulated activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.6 - Duration of an authorization under a general permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, an
				authorization under a general permit is valid for five years from the date of
				issuance of the authorization.
(b)
				The five-year term of an authorization under a general permit may be extended
				one time for five years pursuant to
				N.J.A.C.
				7:13-22.3.
(c) All regulated activities being conducted
				pursuant to an authorization under a general permit shall immediately cease if
				the authorization expires, including any extension thereof under
				N.J.A.C.
				7:13-22.3.
(d) If an authorization under a general
				permit expires and the person intends to commence or continue the regulated
				activities, the person shall obtain a new authorization or permit under this
				chapter authorizing the regulated activities.
1. If no regulated activities have occurred
				prior to the expiration of the authorization, the Department shall issue a new
				authorization under the general permit only if the project is revised where
				necessary to comply with the requirements of this chapter in effect when the
				application for the new authorization is declared complete for
				review.
2. If any regulated
				activities have occurred prior to the expiration of the authorization, the
				Department shall issue a new authorization under the general permit only if the
				project is revised where feasible to comply with the requirements of this
				chapter in effect when the application for the new authorization is declared
				complete for review. In determining the feasibility of compliance with the
				requirements in effect at the time the application is declared complete for
				review, the Department shall consider the amount of construction that has been
				completed prior to the expiration of the original authorization, the amount of
				reasonable financial investment that has been made in the original design
				consistent with the requirements applicable under the original authorization,
				and whether continuing construction as approved under the original
				authorization would have an adverse impact on flooding or the
				environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:13-6.7 - Conditions applicable to a permit-by-rule or to an authorization pursuant to a general permit-by-certification or a general permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person conducting regulated activities
				pursuant to a permit-by-rule, or pursuant to an authorization under a general
				permit-by-certification or general permit shall comply with:
1. The specific conditions set forth in the
				permit-by-rule, general permit-by-certification, or general permit itself,
				including the conditions incorporated by reference into each of those permits
				set forth at (b) below; and
2. The
				conditions that apply to all permits at
				N.J.A.C.
				7:13-22.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.1 - Permit-by-rule 1-normal property maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 1 authorizes clearing, cutting, and/or removal of riparian zone
				vegetation which is necessary to service, maintain, or ensure the continued
				safe use of a lawfully existing structure, easement, right-of-way, field, lawn,
				park, and/or garden. Normal property maintenance includes:
1. Pruning;
2. Selective tree cutting, such as removing a
				dead, fallen, or unsafe tree;
3.
				Planting native, non-invasive plant species;
4. Periodic clearing, cutting, and/or removal
				of vegetation within an actively disturbed area, such as mowing and clearing
				nuisance vegetation; and
5.
				Removing trash, debris, and dead vegetation by hand.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.2 - Permit-by-rule 2-repair of a lawfully existing structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 2 authorizes the repair of a lawfully existing structure,
				provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The timing restrictions set forth at
7:13-11.5(d)
are observed;
2. No
				riparian zone vegetation is cleared, cut, and/or removed, except for vegetation
				within 20 feet of the structure, where such disturbance is necessary to
				facilitate its repair; and
3. 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 7 - PERMITS-BY-RULE › Section 7:13-7.3 - Permit-by-rule 3-in-kind replacement of a lawfully existing structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				3 authorizes the in-kind replacement of a lawfully existing structure, provided
				the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The structure is not located within a
				floodway;
2. The structure being
				replaced is not a retaining wall or bulkhead subject to the requirements of
				N.J.A.C.
				7:13-12.13 or a habitable building;
3. No riparian zone vegetation is cleared,
				cut, and/or removed, except for vegetation within 20 feet of the structure,
				where such disturbance is necessary to facilitate its replacement;
				and
4. 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 7 - PERMITS-BY-RULE › Section 7:13-7.4 - Permit-by-rule 4-removal of any lawfully existing fill or structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule
				4 authorizes the removal of any lawfully existing fill or structure, provided
				the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. The fill or structure is not located
				within a floodway;
2. The fill or
				structure is disposed of outside of any regulated area and in accordance with
				all applicable Federal, State, and local requirements;
3. No riparian zone vegetation is cleared,
				cut, and/or removed, except for vegetation within 20 feet of the fill or
				structure, where such disturbance is necessary to facilitate its removal;
				and
4. 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 7 - PERMITS-BY-RULE › Section 7:13-7.5 - Permit-by-rule 5-removal of accumulated sediment and debris from a regulated water by hand

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Permit-by-rule 5 authorizes the removal of accumulated sediment and debris by
				hand, provided the conditions at
				N.J.A.C.
				7:13-6.7 are met and:
1. No machinery is used within the regulated
				water except for handheld equipment such as hoses and hydraulic
				pumps;
2. The material removed
				consists solely of accumulated sediment and debris and does not alter the
				natural bed and banks of the regulated water;
3. Where work is proposed along a trout
				production or maintenance water, the appropriate timing restrictions set forth
				at
7:13-11.5(d)
are observed;
4. 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;
5. No trees are
				cleared, cut, and/or removed in a riparian zone; and
6. All material removed from the regulated
				water is disposed of outside of any regulated area and in accordance with all
				applicable Federal, State, and local requirements.