This Flood Hazard Area General Permit allows the applicant to construct a fence along and/or across a regulated water located on actively farmed land in order to limit or manage livestock access to a channel, or to prevent livestock or other animals from accessing certain agricultural areas. This permit helps to protect live crops from livestock and to restrict the livestock access to a certain portion of a regulated waterway while maintaining the existing flow in the channel.
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 received 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. 2F is listed below:
- The regulated waterway across/along which the fence is proposed to be constructed must be located on actively farmed land.
- The construction of the fence must be 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.
- No vegetation or trees may be cleared, cut or removed within the applicable riparian zone for the construction of the fence across/along the regulated waterway under this general permit. The applicable riparian zone shall be determined as per the guidelines set forth at N.J.A.C. 7:13-4.1.
- If the applicant wants to construct a fence along the regulated waterway it should be placed parallel to the regulated waterway where possible.
- The openings of the fence must be large enough to prevent catching debris during flood events. Please refer to N.J.A.C. 7:13-8.4(c)6iii for examples of allowable fence types.
- The water flow within the bank of the channel must not be hindered due to the fence installation.
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 2e: If you believe that your project qualifies for an FHA GP2e 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 GP2e 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
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.