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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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NOTE: All webpages and forms listed on this website are being amended in accordance with the December 18, 2017 rule changes. We will be updating these pages as soon as possible. While these updates are in progress, our web pages may contain inaccuracies. Please refer to the appropriate rule for the most accurate and updated regulations for your activity of concern.

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FHA General Permit 2d: Filling a Manmade Waters for Freshwater Wetlands Restoration

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The Flood Hazard Area General Permit No. 2D grants permission to fill a manmade regulated water located on land that is actively farmed in connection with a Freshwater Wetlands restoration project. This permit supports the creation of Freshwater Wetlands on actively farmed fields to enhance the hydrology and fertility of the agricultural land.

At first the applicant shall contact the Local Soil Conservation District and/or United State Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS) to get the approval for this activity. Once the applicant receives the approval from one these agencies, the applicant shall apply for this permit if subjected water is determined to be a regulated water as defined at N.J.A.C. 7:13-2.2. Sometimes the Local Soil Conservation District or NRCS necessitates the property owner to implement certain activities related to agricultural use along or across the regulated waterway that might require this general permit.      

This page is for informational purposes only. Please see N.J.A.C. 7:13-8.5 for the precise rules concerning this General Permit.

The criteria to qualify for the Flood Hazard Area General Permit No. 2D is listed below:

  • The manmade regulated water that is proposed to be filled must be located on the land that is actively farmed.
  • The restoration of Freshwater Wetlands and the filling of a manmade regulated water must be solely intended for agricultural purposes.
  • The activity must be approved by and performed under the supervision of the USDA Natural Resource Conservation Service and/or local Soil conservation district, as appropriate.
  • The origination of the regulated water must be onsite.
  • The filling of the manmade regulated waterway must not cause unexpected flooding on the adjacent properties.
  • The requirements for a regulated activity in a riparian zone set forth at N.J.A.C. 7:13-10.2 is not applicable to this general permit.
  • The requirements for a regulated activity in a flood fringe (net fill requirements) set forth at N.J.A.C. 7:13-10.4 is not applicable to this general permit.

In addition to the requirements listed above, the activity must satisfy the requirements set forth at N.J.A.C. 7:13-8.1(b).

An application for this general permit shall be submitted to the Department to the address listed in N.J.A.C. 7:13-1.1(f) and shall include the information listed under N.J.A.C. 7:13-8.1(c).

A verification of the flood hazard area design flood elevation, floodway limits and/or riparian zone limits, pursuant to N.J.A.C. 7:13-6, is not required prior to obtaining this general permit.

The regulated agricultural activity that neither qualifies for any of the Permits-By-Rule set forth at N.J.A.C. 7:13-7.2(f) nor for any of the general permits set forth at N.J.A.C. 7:13-8.4 must require a formal Flood Hazard Area Individual Permit.  

Getting a Flood Hazard General Permit Number 2d:  If you believe that your project qualifies for an FHA GP2d and you do not know how to apply for one, we suggest that you visit “The Permit Process” section of this website for more information. You will get a general overview of the ins and outs of the permitting process and will also be directed to the necessary forms you will need. Please be advised that any application submitted must follow the procedures and information requirements.

Note: The Department has, for your convenience, developed an Application Checklist for all Flood Hazard General Permits. Please follow carefully the requirements as outlined on the checklist for FHA GP2d to insure that you have all the required information necessary to complete and process your application.

A direct link to the rules cited in our standard approval letter for this General Permit can be found below.

N.J.A.C. 7:13-8.2 FHA General permit 2

N.J.A.C. 7:13-8.1 Standards applicable to all general permits

N.J.A.C. 7:13-8.2 “General Permit Conditions”

N.J.A.C. 7:13 - Index to the entire rule.

Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Register. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For more information on obtaining official versions of the rules, How To Get a Paper Copy of Department Rules

Frequently Asked Questions

If you do not see an answer to your question below, please use the Land Use Contact form on this website. We will make every attempt to answer your question as promptly as possible.

No FAQ for this general permit at this time.


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Last Updated: January 16, 2018