SUBCHAPTER 6. VERIFICATIONS

 7:13-6.1 General provisions for verifications

7:13-6.1 General provisions for verifications


(a)   A verification is a document containing the Department's approval of the flood hazard area design flood elevation on a site, includes either a flood hazard area limit or an indication that the entire site is in a flood hazard area, and may also include a floodway limit and/or a riparian zone limit, if applicable.

(b)   The flood hazard area design flood elevation, flood hazard area and/or floodway limits on a site shall be determined in accordance with the procedures outlined in N.J.A.C. 7:13-3. The riparian zone limits on a site shall be determined in accordance with N.J.A.C. 7:13-4.

(c)   An application for a verification shall include the following:

1.    Three copies of an application report, as described at N.J.A.C. 7:13-15.3. If a hydrologic and/or hydraulic model is submitted with the application, the photographs required in the application report shall depict any water control structures, as well as a representative sampling of the locations of any cross-sections, which are referenced by the models;

2.    One copy of an engineering report, as described at N.J.A.C. 7:13-15.4, which includes all necessary supporting calculations, maps and other documentation and a description of which delineation method under N.J.A.C. 7:13-3 was used;

3.    Documentation that the applicable public notice requirements of N.J.A.C. 7:13-16 have been met;

4.    The appropriate application fee required at N.J.A.C. 7:13-17; and

5.    Six sets of drawings, signed and sealed by an engineer, land surveyor or architect, as appropriate, which include the following:

i.     Topography that references NGVD, or includes the appropriate conversion factor to NGVD, unless the applicant demonstrates that such reference is not necessary;

ii.    The limit of the flood hazard area under existing conditions on the site. If the entire site is in a flood hazard area, the drawings shall include a note to this effect, as well as the elevation(s) of the flood hazard area design flood on the site;

iii.   The limit of any floodway under existing conditions on the site, if the applicant seeks verification of the floodway limits. If the entire site is in a floodway, the drawings shall include a note to this effect;

iv.   A metes and bounds description of any flood hazard area limit and floodway limit under existing conditions onsite. If the verification is submitted concurrently with a permit application that proposes to affect one or both of these limits, the drawings shall also include a metes and bounds description of the proposed flood hazard area and/or floodway limits;

v.    The following statement: "NOTE: All or a portion of this site lies in a flood hazard area. Certain activities in flood hazard areas are regulated by the New Jersey Department of Environmental Protection and some activities may be prohibited on this site or may first require a permit. Contact the Division of Land Use Regulation at (609) 292-0060 for more information prior to any construction onsite.";

vi.   A note indicating which method described at N.J.A.C. 7:13-3 was used to determine the limit of the flood hazard area and/or floodway;

vii.  The limit of any riparian zone onsite as described at N.J.A.C. 7:13-4.1; and

viii. An indication of the location of any cross-section and water control structure referenced in the engineering report as well as a graphic depiction of each cross-section.

(d)   The Department shall review an application for a verification according to the same procedure established for individual permit applications at N.J.A.C. 7:13-9.3.

(e)   A verification is valid for five years from its issuance date, unless the verification is issued concurrently with a ten-year individual permit under N.J.A.C. 7:13-9.4(b), in which case the verification is valid for ten years from its issuance date. A verification shall not be extended. However, a verification can be reissued automatically with the issuance of a permit for a regulated activity at that site pursuant to (f) below and can be transferred at the time of sale of a property to which the verification applies to a new owner pursuant to N.J.A.C. 7:13-14.1.

(f)   If the Department issues a verification for a site, and within five years issues a general permit authorization or an individual permit for a regulated activity that references or relies upon the verification at that site, the Department shall automatically reissue the verification upon approval of the permit or authorization so that the verification and permit or authorization have the same expiration date. This automatic reissuance shall occur only once per verification and there is no fee for this reissuance. The reissued verification shall reflect any alterations to the flood hazard area design flood elevation, flood hazard area limit and/or floodway limit that will result from the regulated activities authorized under the individual permit or general permit authorization. All pre-construction and post-construction elevations and limits shall be demarcated on drawings approved under the verification.

(g)   Within 90 calendar days after the Department issues a verification on a privately owned lot, or on a publicly owned lot other than a right-of-way, the applicant shall submit the following information to the clerk of each county in which the site is located, and shall send proof to the Department that this information is recorded on the deed of each lot referenced in the verification. Failure to have this information recorded in the deed of each lot and/or to submit proof of recording to the Department constitutes a violation of this chapter and may result in suspension or termination of the verification and/or subject the applicant to enforcement action pursuant to N.J.A.C. 7:13-19:

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; and

5.    The following statement: "The State of New Jersey has determined that all or a portion of this lot lies in a flood hazard area. Certain activities in flood hazard areas are regulated by the New Jersey Department of Environmental Protection and some activities may be prohibited on this site or may first require a permit. Contact the Division of Land Use Regulation at (609) 292-0060 for more information prior to any construction onsite."