Due to the recent adoption of the Flood Hazard Area rules, this section is being updated. We appologize for any inconvience

Department Adopts New Flood Hazard Area Control Act rules, with Related Amendments to Coastal Permit Program rules and Coastal Zone Management rules

The NJ Department of Environmental Protection has adopted new Flood Hazard Area Control Act rules (N.J.A.C. 7:13), as well as related amendments to the Coastal Permit Program rules (N.J.A.C. 7:7) and the Coastal Zone Management rules (N.J.A.C. 7:7E), in order to incorporate more stringent standards for development in flood hazard areas and riparian zones adjacent to surface waters throughout the State. The Department has adopted these new rules in order to better protect the public from the hazards of flooding, preserve the quality of surface waters, and protect the wildlife and vegetation that exist within and depend upon such areas for sustenance and habitat.

In order to minimize the impacts of development on flooding, a 0% net-fill requirement (which was previously implemented only in the Highlands Preservation Area and Central Passaic Basin) will now apply to all non-tidal flood hazard areas of the State. The new rules also expand the preservation of near-stream vegetation (previously protected within 25 or 50 feet of streams) by implementing new riparian zones that are 50, 150 or 300 feet in width along each side of surface waters throughout the State. The riparian zone width depends on the environmental resources being protected, with the most protective 300-ft riparian zone applicable to waters designated as Category One and certain upstream tributaries. Certain waters supporting trout, or habitats of threatened or endangered species critically dependant on the watercourse to survive, or watercourses which flow through areas that contain acid-producing soil deposits, receive a 150-ft riparian zone.

The Department has also amended N.J.A.C. 7:7 and 7:7E to incorporate the new flood hazard area and riparian zone standards into the review of all CAFRA and Waterfront Development permits, thereby eliminating a gap in the previous rules under which development in tidal areas was not reviewed under the same standards that applied to non-tidal areas. Furthermore, amendments to the Ninety-Day Construction Permits rules (N.J.A.C. 7:1C) relocate provisions related to the review and approval of flood hazard area permits and fees into N.J.A.C. 7:13, so that all application review standards are located in one rule.

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