7:13-8.2 General permit conditions
7:13-8.3 General permit 1 for channel cleaning under the Stream
Cleaning Act
7:13-8.4 General permits 2A through 2G for agricultural activities
designed by the NRCS
7:13-8.5 General permit 3 for bridge or culvert scour protection
by a public entity
7:13-8.6 General permit 4 for stormwater maintenance by a
public entity
7:13-8.7 General permit 5 for the relocation of a building
to reduce flood damage
7:13-8.8 General permit 6 for the reconstruction of a damaged
or destroyed residence
7:13-8.9 General permit 7 for residential construction in
a tidal flood hazard area
7:13-8.10 General permit 8 for a utility line across or along
a water with a drainage area of less than 50 acres
7:13-8.11 General permit 9 for a roadway or footbridge across
a water with a drainage area of less than 50 acres
7:13-8.12 General permit 10 for a stormwater outfall along
a water with a drainage area of less than 50 acres
(a) This
subchapter establishes general permits for certain regulated activities. Each
general permit describes the regulated activity authorized, including the size
and type of regulated activity and in some cases where in the flood hazard area
or riparian zone the regulated activity may be conducted. The Department may,
by rulemaking in accordance with the Administrative Procedure Act, N.J.S.A.
52:14B-1 et seq., rescind or modify an existing general permit or establish new
ones. The flood hazard general permits established in this subchapter are set
forth as follows:
Table B
SUMMARY OF GENERAL PERMITS
This Table is for informational purposes only.
See N.J.A.C. 7:13-8.3 through 8.12 for specific applicable limits and
requirements for each general permit
| PERMIT |
Description
|
Citation |
|
1 |
Channel
cleaning by a public entity under the Stream Cleaning Act |
8.3 |
|
2A |
Agricultural:
Soil erosion control, bank stabilization or bank restoration |
8.4(c)1 |
|
2B |
Agricultural:
Channel cleaning |
8.4(c)2 |
|
2C |
Agricultural:
Constructing a roadway across a water |
8.4(c)3 |
|
2D |
Agricultural:
Filling a manmade water for freshwater wetlands
restoration |
8.4(c)4 |
|
2E |
Agricultural:
Creating a ford across a water to manage livestock
|
8.4(c)5 |
|
2F |
Agricultural:
Constructing a fence across or along a water
to manage livestock |
8.4(c)6 |
|
2G |
Agricultural:
Constructing a pump or water intake along
a water for livestock |
8.4(c)7 |
|
3 |
Bridge
or culvert scour protection by a public entity |
8.5 |
|
4 |
Stormwater
maintenance by a public entity |
8.6 |
|
5 |
Relocating
a building to reduce flood damage |
8.7 |
|
6 |
Reconstructing
a damaged or destroyed residence |
8.8 |
|
7 |
Residential
construction in a tidal flood hazard area |
8.9 |
|
8 |
Utility
line across or along a water draining less than 50 acres |
8.10 |
|
9 |
Roadway
or footbridge across a water draining less than 50 acres |
8.11 |
|
10 |
Stormwater
outfall along a water draining less than 50 acres |
8.12 |
(b) A
regulated activity shall be authorized under a general permit only if the
Department determines that the following requirements are satisfied:
1. The regulated activity is not
undertaken in the channel or riparian zone of a regulated water with fishery
resources during a restricted time period as described at N.J.A.C.
7:13-10.5(d), unless otherwise approved by the Department's Division of Fish
and Wildlife;
2. The regulated activity does
not adversely affect low-flow aquatic passage within any regulated water;
3. The regulated activity will
not adversely affect a threatened or endangered species, or a documented
habitat for a threatened or endangered species;
4. All structures are suitably
anchored;
5. The regulated activity is
performed in accordance with the Standards for Soil Erosion and Sediment
Control in New Jersey at N.J.A.C. 2:90;
6. Prior to undertaking the
regulated activity, all necessary approvals are obtained from the local Soil
Conservation District in cases where the district has jurisdiction over the
project;
7. The regulated activity does
not require review for compliance with the Stormwater Management rules at
N.J.A.C. 7:8 because:
i. The overall project
with which the general permit activity is associated is not a major
development, as defined at N.J.A.C. 7:8-1.2; or
ii. The Department has already
determined through the approval of a CAFRA, Waterfront Development or
Freshwater Wetlands Protection Act permit that the overall project with which
the general permit activity is associated complies with the Stormwater
Management rules at N.J.A.C. 7:8;
8. If the regulated activity is
proposed in a regulated area known or suspected to contain acid producing
soils, a plan is established and implemented to minimize the adverse effects of
exposing these soils as described at N.J.A.C. 7:13-10.7; and
9. The regulated activity
complies with the specific requirements of the applicable general permit(s) set
forth in this subchapter.
(c) Except
for general permit 1, the application and review procedures for which are
described at N.J.A.C. 7:13-8.3, an application for a 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 following:
1. One completed certification
(available from the Department's website at www.nj.gov/dep/landuse), signed and
sealed by an engineer, which lists each requirement of (b) above, as well as
each requirement for the particular general permit under which authorization is
sought and explains how each requirement is met;
2. Six sets of drawings, signed
and sealed by an engineer, land surveyor or architect, as appropriate, which
detail the proposed activities, including existing and proposed topography if
fill or grading is proposed. All topography shall reference NGVD, or include
the appropriate conversion factor to NGVD, unless the applicant demonstrates
that such reference is not necessary. The limit of any riparian zone onsite
shall also be shown, as well as any areas where riparian zone vegetation will
be cleared, cut or removed;
3. Three copies of an
application report, as described at N.J.A.C. 7:13-15.3; and
4. An application fee of $
500.00 in accordance with N.J.A.C. 7:13-17.1, except for general permit 6,
which requires no application fee.
(d) Within
20 working days following the receipt of an application for an authorization
under a general permit, the Department shall:
1. Determine that all necessary
information required by this chapter for a complete general permit application
has been provided, and declare the application complete for review;
2. Determine that all necessary
information required by this chapter for a complete general permit application
has not been provided, or that one or more submitted items are deficient, and
request in writing that the applicant submit the missing material and/or
address any deficiencies within a reasonable time period. The Department may
cancel the application if the requested information is not provided within 60
calendar days. The Department shall subsequently declare the application
complete for review within 20 working days of receiving the requested
information; or
3. If the Department does not
take action under (d)1 or 2 above within 20 working days, the general permit
application shall automatically be deemed complete for review. In such a case,
the Department may to request additional information, which is necessary to
bring the application into compliance with the requirements of this chapter
during the review of the application.
(e) Within
45 calendar days after receiving a complete application for an authorization
under a general permit, the Department shall:
1. Determine that the
application meets the requirements of this chapter and approve the general
permit authorization in writing; or
2. Determine that the
application does not meet the requirements of this chapter and deny the general
permit authorization in writing.
(f) If
the Department fails to take written action on an application in accordance
with (e) above, the general permit application shall automatically be deemed to
be approved. This default approval is subject to any applicable conditions set
forth in this chapter for the activities covered by the application for general
permit authorization. Furthermore, default approval under this section shall
not prevent the Department from taking enforcement action pursuant to N.J.A.C.
7:13-19 for any activity undertaken in violation of this chapter.
(g) An
authorization to perform a regulated activity under a general permit is subject
to the conditions listed at N.J.A.C. 7:13-8.2.
(h) Multiple
or repeated activities proposed to be undertaken on a site that would individually
qualify for authorization under a general permit shall require an individual
permit if the cumulative impacts exceed any limit contained in the applicable
general permit.
(i) Except
as provided in (j) below, a general permit authorization is valid for five
years from its issuance date and shall not be extended. However, a new general
permit authorization to replace an expired one may be requested by submitting
an application under this section. A general permit can also be transferred
with the sale of a property to a new owner pursuant to N.J.A.C. 7:13-14.1.
(j) If
the rule in this subchapter establishing a particular general permit is
repealed, then any person with a valid authorization issued under such general
permit shall immediately cease any authorized activities and apply for an
individual permit in accordance with N.J.A.C. 7:13-9, 10 and 11. If the rule in
this subchapter establishing a particular general permit is amended to put in
place stricter standards or conditions, then any person with a valid
authorization issued under the original general permit shall immediately cease
any authorized activities under the authorization and either apply for
authorization under the amended general permit in accordance with this
subchapter or else apply for an individual permit in accordance with N.J.A.C.
7:13-9, 10 and 11.
(k) 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 a general permit authorization under this chapter, except for
certain cases as noted under general permits 5, 6 and 7 at N.J.A.C. 7:13-8.7,
8.8 and 8.9, respectively. However, pursuant to Table F at N.J.A.C. 7:13-17.1,
the $500.00 fee for a verification based on methods 1, 2, 3 and 5 (at N.J.A.C.
7:13-3.3, 3.4(d), 3.4(e) and 3.5, respectively) does not apply if the
verification application is submitted concurrently with an application for any
general permit authorization for which verification of the flood hazard area is
required to determine compliance with the general permit.
(a) The
standard conditions that apply to all general permit authorizations are
described in (b) below. Site-specific conditions are described in (c) through
(e) below. If a permittee undertakes any regulated activity approved under a
general permit authorization, such action shall constitute the permittee's
acceptance of the general permit authorization in its entirety and the
permittee's agreement to abide by the general permit authorization and all
applicable conditions.
(b) The
following conditions apply to all general permit authorizations issued under
this chapter:
1. Duty to comply: The
permittee, its contractors and subcontractors shall comply with all conditions
of the permit authorization, supporting documents and approved drawings. Any
noncompliance with a permit authorization constitutes a violation of this
chapter, and is grounds for enforcement action pursuant to N.J.A.C. 7:13-19, as
well as suspension and/or termination of the permit authorization.
2. Duty to reapply: If the
permittee wishes to continue an activity covered by the permit after the
expiration date of the permit authorization, the permittee must apply for and
obtain a new permit authorization.
3. Duty to halt or reduce
activity: It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of the permit authorization.
4. Duty to minimize
environmental impacts: The permittee shall take all reasonable steps to
prevent, minimize or correct any adverse impact on the environment resulting
from activities conducted pursuant to the permit, or from noncompliance with
the permit authorization.
5. Proper operation and
maintenance: The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used to achieve compliance with the permit
authorization. Proper operation and maintenance includes effective performance,
adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. The operation of back-up or auxiliary facilities or similar systems
is only required when necessary to achieve compliance with the permit
authorization. The permittee must also properly execute any approved mitigation
compensation and/or restoration proposal designed to mitigate losses caused by
the permitted activity. The permittee shall maintain the authorized work areas
in good condition and in accordance with the permit authorization.
6. Proper oversight: The
permittee shall ensure that all approved activities are undertaken using the
best management practices available under the supervision and direction of an
engineer at all points necessary to ensure compliance with all permit
conditions.
7. Proper site maintenance:
While the regulated activities are being undertaken, neither the permittee nor
its agents shall cause or permit any unreasonable interference with the free
flow of a regulated water by placing or dumping any materials, equipment,
debris or structures within or adjacent to the channel. Upon completion or
abandonment of the work, the permittee and/or its agents shall remove and
dispose of in a lawful manner all excess materials, debris, equipment, silt
fences and other temporary soil erosion and sediment control devices from all
regulated areas.
8. Permit actions: A permit
authorization can be revised, suspended or terminated for cause. The filing of
a request by the permittee for a revision, or a notification of planned changes
or anticipated noncompliance does not stay any condition of a permit
authorization.
9. Property rights: A permit
authorization does not convey any property rights or any exclusive privilege.
10. Duty to provide information: A copy of
the general permit authorization and other authorizing documents including all
approved plans and drawings shall be maintained at the authorized site at all
times and made available to Department representatives or their designated
agents immediately upon request. The permittee shall also furnish to the
Department within a reasonable time any information that the Department
requests to determine compliance with a permit authorization or to determine
whether cause exists for suspension or termination of a permit authorization.
The permittee shall also furnish to the Department, upon request, copies of
records required to be kept by the permit authorization.
11. Inspection and entry: The permittee shall
allow an authorized representative of the Department, at reasonable times and
upon the presentation of credentials, to:
i. Enter upon the
permittee's premises where a regulated activity is located or conducted, or
where records must be kept under the conditions of the permit authorization;
ii. Have access to and copy any
records that must be kept under the conditions of the permit authorization; and
iii. Inspect any facilities, equipment,
practices or operations regulated or required under the permit authorization.
Failure to allow reasonable access under this section shall be considered a
violation of this chapter and subject the permittee to enforcement pursuant to
N.J.A.C. 7:13-19.
12. Reporting requirements: The permittee
shall provide reports to the Department as follows:
i. Planned changes: The
permittee shall give notice to the Department prior to any planned physical
alterations or additions to the permitted project or activity;
ii. Transfers: The permit
authorization is not transferable to any person unless the transfer is approved
by the Department, pursuant to N.J.A.C. 7:13-14.1;
iii. Noncompliance: The permittee shall
immediately report to the Department by telephone at (877) 927-6337 any
noncompliance that may endanger health or the environment. The permittee shall
report all other noncompliance to the Division of Land Use Regulation by
telephone at (609) 292-0060 within two business days of the time the permittee
becomes aware of the noncompliance, and in writing within five business days of
the time the permittee becomes aware of the noncompliance. The written notice
shall include: a description of the noncompliance and its cause; the period of
noncompliance, including exact dates and times, and, if the noncompliance has
not been corrected, the anticipated length of time it is expected to continue;
and steps taken or planned to reduce, eliminate and prevent recurrence of the
noncompliance. Such notice shall not, however, serve as a defense to
enforcement action if the project is found to be in violation of this chapter;
and
iv. Other information: Where the
permittee becomes aware that it failed to submit any relevant facts in an
application, or submitted incorrect information in an application or in any
report to the Department, it shall promptly submit such facts or information.
(c) In
addition to the conditions that apply to all general permit authorizations
under (b) above, the Department shall establish conditions in a general permit,
as required on a case-by-case basis, to assure compliance with all applicable
requirements of this chapter and its enabling statutes.
(d) The
Department may include in a general permit authorization a condition requiring
a pre-construction meeting on the site of permitted activities. Any such
condition shall specify how many days prior to construction the permittee must
notify the Department so that the pre-construction meeting can be scheduled.
(e) All
conditions of a general permit authorization shall be incorporated either
expressly or by reference. If incorporated by reference, a specific citation to
the applicable rules or regulations or requirements shall be included in the
general permit authorization.
(a) General
permit 1 authorizes a county, municipality or a designated agency thereof to
desnag a channel and/or remove accumulated sediment, debris and garbage which
are obstructing flow in a channel. This section implements the provisions of
the "Stream Cleaning Act" in the Flood Hazard Area Control Act at
N.J.S.A. 58:16A-67.
(b) The
receipt of a freshwater wetlands general permit 26 authorization, issued pursuant
to N.J.A.C. 7:7A-5.26, which authorizes stream cleaning, clearing or desnagging
by local governments, shall constitute authorization to conduct activities
qualifying for a general permit 1 authorization under this chapter without
further application or approval under this chapter. However, the receipt of a
general permit 1 authorization under this section shall not relieve an
applicant from the need to obtain a freshwater wetlands general permit 26
authorization, since the freshwater wetlands general permit has notice
requirements that must be satisfied pursuant to N.J.A.C. 7:7A-10.
(c) Except
where the applicant has obtained a freshwater wetlands general permit 26
authorization as described in (b) above, applicants for a general permit 1
authorization must follow the application requirements and procedures at (f)
through (j) below. There is no application fee for general permit 1
authorization.
(d) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), to qualify for general permit 1 authorization, a channel
cleaning, clearing or desnagging project shall satisfy all of the following
requirements:
1. The project's sole purpose is
to remove obstructions to flow or desnag a channel;
2. The project is necessary and
in the public interest;
3. The project consists solely
of either:
i. The removal of
accumulated silt, sediment, debris and/or garbage from a channel with a natural
bed. This general permit does not authorize removal of material below the
natural bed of the channel; or
ii. The removal of any
accumulated material from a channel previously lined with concrete or similar
artificial material;
4. The project does not disturb
the channel bank or the riparian zone, unless such disturbance is unavoidable,
necessary to gain access to the channel and minimized;
5. The project does not alter
the natural banks of the channel. This general permit does not authorize the
straightening or realignment of a channel. Straightening or realignment
constitutes channel modification and requires an individual permit pursuant to
N.J.A.C. 7:13-10.1(c);
6. The project is conducted from
only one bank where possible;
7. The use of heavy equipment in
the channel is avoided;
8. Vegetation and tree canopy on
the more southerly or westerly bank is preserved in order to shade the channel;
and
9. If the project involves
sediment removal from a channel with a natural bed, the following requirements
are satisfied:
i. The channel reach is
less than 500 feet in length;
ii. The channel bed does not
exceed 15 feet in average width;
iii. The channel has a documented
history of severe flooding that has resulted or can result in property damage,
therefore necessitating the proposed cleaning, clearing or desnagging;
iv. The channel is not classified as a
Pinelands water or Category One water under the Department's Surface Water
Quality Standards at N.J.A.C. 7:9B; and
v. The channel is not a
documented habitat for threatened or endangered species.
(e) All
materials, including dredged material, removed from a channel during activities
authorized under this general permit shall be disposed of outside of any
regulated area and also any freshwater wetlands, transition areas and State
open waters, as those terms are defined in the Department's Freshwater Wetlands
Protection Act rules at N.J.A.C. 7:7A-1.4, unless the applicant demonstrates
that this would cause more environmental harm or flooding risk than disposing
of the material in these areas. For example, if removal of dredged material
requires construction of a long temporary roadway through a very wet area to
enable trucks to transport the dredged material offsite, this might cause more
environmental harm than using a large blower to spread the dredged material
thinly over a large area.
(f) An
application for authorization under this general permit shall be submitted to
the Department by mail at the address listed in N.J.A.C. 7:13-1.1(f), and shall
include the following (photocopies of maps and documents are acceptable):
1. Three sets of drawings,
signed and sealed by a engineer or land surveyor, as appropriate, that clearly
depict the segments of channel to be cleaned;
2. Three copies of an
application report, as described at N.J.A.C. 7:13-15.3. The narrative required
in the application report shall include the following:
i. A description of the
proposed cleaning methods and disposal locations for all dredged material; and
ii. The classification, under the
Department's Surface Water Quality Standards, N.J.A.C. 7:9B, of the affected
portion of the channel; and
3. One completed certification
(available from the Department's website at www.nj.gov/dep/landuse) that meets
the following requirements:
i. The certification is
signed and sealed by the county or municipal engineer, or an engineer who is
employed by the local Soil Conservation District; and
ii. The certification lists each
requirement in (d) above that applies to the project, and states how the
requirement has been or will be satisfied.
(g) Within
15 calendar days following the receipt of an application submitted under (f)
above for a project that does not involve sediment removal, the Department
shall:
1. Notify the applicant that the
application did not include the information required at (f) above, or that
supplemental information is needed to determine if the activity complies with
the general permit, and request the additional information. The Department may
cancel the request for a general permit if the requested information is not
provided within 60 calendar days. When the requested information is received,
the Department shall, within 15 calendar days after receiving the information,
take one of the actions in (g)2 or 3 below;
2. Notify the applicant in
writing that the project does not qualify for authorization under this general
permit, pursuant to (j) below; or
3. Approve the general permit
authorization.
(h) Within
60 calendar days following the receipt of an application submitted under (f)
above for a project that does involve sediment removal, the Department shall:
1. Notify the applicant that the
application did not include information required at (f) above, or that
supplemental information is needed to determine if the activity complies with
the general permit, and request the additional information. The Department may
cancel the request for a general permit if the requested information is not
provided within 60 calendar days. When the requested information is received,
the Department shall, within 60 calendar days after receiving the information,
take one of the actions in (h)2 or 3 below;
2. Notify the applicant in
writing that the project does not qualify for authorization under this general
permit, pursuant to (j) below; or
3. Approve the general permit
authorization.
(i) If
the Department fails to take written action on an application in accordance
with (g) or (h) above, the general permit application shall automatically be
deemed to be approved. This default approval is subject to any applicable
conditions set forth in this chapter for the activities covered by the
application. Furthermore, default approval under this section shall not prevent
the Department from taking enforcement action pursuant to N.J.A.C. 7:13-19 for
any activity undertaken in violation of this chapter.
(j) If
the Department notifies the applicant under (g)2 or (h)2 above that a channel
cleaning, clearing or desnagging project is not authorized under this general
permit, the Department shall provide the applicant with the technical reasons
for the decision. If the Department's technical reasons are based upon an
inability to determine the location of the natural channel bed, the Department
shall, at the request of the applicant, assist in identifying the natural
channel bed.
(k) Within
15 calendar days after the completion of a project under this general permit
that involves the removal of sediment, the permittee shall submit to the
Department a written notice that the project has been completed. The notice
shall contain one completed certification (available from the Department's
website www.nj.gov/dep/landuse) that satisfies the following requirements:
1. The certification is signed
and sealed by the county or municipal engineer, or an engineer who is employed
by the local Soil Conservation District; and
2. The certification states each
requirement in (d) above that applies to the project, and states how the
requirement has been satisfied.
(a) This
section sets forth general permits for seven agricultural activities in a
regulated area. In addition to satisfying the requirements applicable to all
general permits at N.J.A.C. 7:13-8.1(b), to qualify for a general permit under
this section, an activity shall satisfy the requirements applicable to the
specific general permit and shall:
1. Occur on land that is
actively farmed;
2. Be solely intended for
agricultural purposes; and
3. Be approved by and performed
under the supervision of the USDA Natural Resource Conservation Service and/or
local soil conservation district, as appropriate.
(b) Applications
for a general permit authorization under this section are subject to the
application requirements and procedures at N.J.A.C. 7:13-8.1(c) through (e).
(c) Regulated
activities satisfying (a) above shall qualify for authorization under one of the
following general permits provided the conditions applicable to that general
permit are satisfied:
1. General permit 2A: A soil
erosion control, bank stabilization or bank restoration project, provided:
i. The project is
accomplished by re-sloping the eroded bank and planting vegetation where
possible. Where these techniques alone will not stabilize erosion, or where
more than 2,000 square feet of trees would be cleared, cut or removed using
such methods, soil bioengineering, shall be used;
ii. Disturbance to vegetation
within the riparian zone is minimized;
iii. The cross-sectional area of the
channel is not significantly altered;
iv. The activity will not obstruct flow
in the channel or floodway; and
v. All cleared, cut or removed
vegetation in the riparian zone is replanted with indigenous, non-invasive
vegetation, except where the removed vegetation has been replaced by
non-vegetative stabilizing material;
2. General permit 2B: The
removal of accumulated silt, sediment, debris and/or garbage from a regulated
water, provided:
i. Excavation does not
extend below the natural bed or alter the natural banks. This general permit
does not authorize the straightening or realignment of a channel. Straightening
or realignment constitutes channel modification and requires an individual
permit pursuant to N.J.A.C. 7:13-10.1(c);
ii. The project does not disturb
the channel bank or the riparian zone, unless such disturbance is unavoidable,
necessary to gain access to the channel and minimized;
iii. The project is conducted from only
one bank where possible;
iv. All heavy machinery necessary for
the conduct of the project is situated outside the channel. Heavy machinery may
reach into the channel to dredge, but cannot be driven into or operated within
the channel;
v. Vegetation and tree canopy on
the more southerly or westerly bank is preserved in order to shade the channel;
vi. All proposed access points to the
water are described in writing and with color photographs;
vii. All disturbed areas in the riparian zone
are replanted with indigenous, non-invasive vegetation upon completion of the
project;
viii. All removed sediment is disposed of in
accordance with all applicable Federal, State and local laws. If the removed
sediment is to remain in the flood hazard area, it is spread evenly at least 25
feet from any top of bank or edge of water and, if in a floodway, no more than
three inches deep; and
ix.
The placement of the removed
sediment does not interfere with the positive overland drainage of the
receiving area;
3. General permit 2C: The
construction of a roadway across a regulated water, provided:
i. Construction in the
channel is minimized and unset or raw cement is not allowed to come into
contact with water in the channel during construction;
ii. If the crossing is accomplished
with a culvert, the culvert is stabilized with headwalls that have footings
which extend at least three feet below grade, and which will prevent the
culvert from displacement during the flood hazard area design flood;
iii. If the crossing is accomplished
with a bridge, the bridge is constructed with abutments that have footings
which extend at least three feet below grade, and which will prevent the bridge
from displacement during the flood hazard area design flood;
iv. The proposed roadway surface and
all embankments are designed to remain stable during the flood hazard area
design flood;
v. The perpendicular path of
disturbance through the riparian zone is no more than 25 feet in width; and
vi. It is clear to the Department from
a visual inspection of submitted drawings that the proposed roadway crossing
will not increase flooding offsite;
4. General permit 2D: The
filling of a manmade regulated water for the purpose of freshwater wetlands
restoration, provided:
i. The regulated water
originates onsite; and
ii. The filling of the regulated
water will not adversely affect overland drainage on adjoining properties;
5. General permit 2E: The
creation of a ford for livestock to cross a regulated water, provided:
i. Livestock currently
cross the regulated water on a regular basis;
ii. The creation of a stable ford
will reduce ongoing damage to the channel caused by the existing access to the
channel by livestock;
iii. No trees are cleared, cut or
removed in a riparian zone;
iv. The ford is situated at or below
the existing channel bed so that the ford will not obstruct flow;
vii. The perpendicular path of disturbance
through the riparian zone is no more than 20 feet in width; and
v. The ford is designed to
remain stable during the flood hazard area design flood;
6. General permit 2F: The
construction of a fence along and/or across a regulated water to limit or
manage livestock access to a channel, or to prevent livestock or other animals
from accessing certain agricultural areas, provided:
i. No trees are cleared,
cut or removed in a riparian zone;
ii. The fence is placed parallel
to the channel where possible;
iii. If the fence crosses a channel
and/or is located in a floodway, it has sufficiently large openings so as not
to catch debris during a flood and thereby obstruct floodwaters, such as a
barbed-wire, split-rail or strand fence. A fence with little or no open area,
such as a chain link, lattice or picket fence, is not permitted across a
channel or in a floodway; and
iv. The fence will not impede bank-full
flow in the channel; and
7. General permit 2G: The
construction of a pump and/or water intake structure in or along a regulated
water, in order to provide water for livestock outside the channel (and thereby
limit livestock access to the channel), provided:
i. No trees are cleared,
cut or removed in a riparian zone;
ii. Fill within the flood hazard
area is minimized; and
iii. The pump or structure will not
impede bank-full flow in the channel.
(a) This
section sets forth a general permit that authorizes a public entity to place
rip-rap and other stabilization material within or along one or more regulated
waters to replace material that has eroded away, in order to prevent the
scouring of an existing bridge or culvert along a public roadway. The
application requirements and review procedures for this general permit
authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).
(b) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), a scour protection activity is eligible for authorization
under general permit 3 only if:
1. It is approved by and
performed under the supervision of a public entity;
2. It is necessary for the
maintenance and/or protection of an existing bridge or culvert along a public
roadway;
3. The stabilizing material
placed in the channel is in the same location as the material that has eroded
away since the bridge or culvert was originally constructed. This stabilizing
material can be placed within any open void area that has been created by
previous scour in the channel, and/or can replace any unconsolidated material
in the channel, such as silt or sediment, which has subsequently been deposited
in any such void area;
4. The amount of stabilizing
material placed in the channel is no greater than necessary to replace the
material that has eroded away (and which may have subsequently been replaced by
unconsolidated material) since the bridge or culvert was originally
constructed;
5. The stabilizing material
consists of, or is covered by, indigenous substrate where possible;
6. The stabilizing material does
not obstruct flow in the channel or floodway;
7. The project does not disturb
the channel bank or the riparian zone, unless such disturbance is unavoidable,
necessary to gain access to the channel and minimized. If access to the channel
results in topographic changes to the bank, such as ruts from trucks or other
machinery, the grade of the bank shall be restored to its pre-construction
topography where possible;
8. All cleared, cut or removed
vegetation in the riparian zone is replanted with indigenous, non-invasive
vegetation, except where the removed vegetation has been replaced by the
stabilizing material;
9. Every effort is made to
perform the activity from only one bank; and
10. Vegetation and canopy on the more
southerly or westerly bank is preserved for shading of the water where
possible.
(a) This
section sets forth a general permit that authorizes the maintenance, repair and
replacement of lawfully existing stormwater management structures and
conveyance features by a public entity, in cases where such activities are
regulated under this chapter. This general permit does not authorize any new
stormwater discharges or the expansion of an existing stormwater management or
collection system. The application requirements and review procedures for this
general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).
(b) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), a maintenance and repair activity is eligible for
authorization under general permit 4 only if:
1. It is approved by and
performed under the supervision of a public entity;
2. It occurs within and is
necessary for the maintenance of a lawfully existing, manmade conveyance
structure or drainage feature, such as a pipe, culvert, ditch, channel or
basin, not including natural channels that were previously modified;
3. It involves one or more of
the following:
i. The removal of
accumulated sediment, debris or nuisance vegetation;
ii. The stabilization of an
eroded structure; and/or
iii. The reconstruction, repair and/or
in-kind replacement of any:
(1) Culvert along a manmade channel;
(2) Stormwater pipe, manhole, inlet, catch
basin;
(3) Headwall, discharge structure or
associated conduit outlet protection; and/or
(4) Tidegate, levee or pump station along a water
that is separated from tidal influence by these structures;
4. Disturbance to vegetation in
the riparian zone is minimized; and
5. All temporarily cleared, cut
or removed vegetation in the riparian zone is replanted with indigenous,
non-invasive vegetation.
(a) This
section sets forth a general permit that authorizes the relocation of a
lawfully existing building to another location on the same site in order to
reduce flood damage potential. The application requirements and review
procedures for this general permit authorization are set forth at N.J.A.C.
7:13-8.1(c) through (e).
(b) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), the relocation of a lawfully existing building is
eligible for authorization under general permit 5 only if:
1. Where possible, the building
is moved further from the regulated water and to higher ground on the same
site;
2. The building is not enlarged
(except for an addition that meets a permit-by-rule at N.J.A.C. 7:13-7.2);
3. The building is not located
in a floodway (either before or after relocation);
4. The lowest finished floor of
the building is raised to at least one foot above the flood hazard area design
flood elevation;
5. The area below the lowest
finished floor of the building is not used for habitation and remains open to
floodwaters, in accordance with N.J.A.C. 7:13-11.5(l);
6. The proposed location of the
building is situated outside the riparian zone if a suitable location exists on
the same site. Otherwise, the removal of trees within the riparian zone shall
be minimized to accommodate the new building location; and
7. No vegetation is cleared, cut
or removed in a riparian zone, except for vegetation within 20 feet of the
existing and/or proposed building if such disturbance is necessary to
facilitate its relocation. In such a case, all temporarily disturbed areas
shall be replanted with indigenous, non-invasive vegetation upon completion of
the project, including the area where the relocated building originally
existed.
(c) The
flood hazard area design flood elevation and floodway limits must be known in
order to determine compliance with this general permit authorization. If the
flood hazard area design flood elevation and/or floodway limits can be
determined using Methods 1, 2 or 3 (at N.J.A.C. 7:13-3.3, 3.4(d) and 3.4(e),
respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 does not need
to be obtained prior to obtaining authorization under this general permit
authorization. However, if the flood hazard area design flood elevation and/or
floodway limits are determined using Methods 4, 5 or 6 (at N.J.A.C.
7:13-3.4(f), 3.5 and 3.6, respectively), then a verification pursuant to
N.J.A.C. 7:13-6.1 must be obtained from the Department prior to, or concurrent
with, obtaining authorization under this general permit.
(a) This
section sets forth a general permit that authorizes the reconstruction of a
lawfully existing private residence that has been damaged or destroyed by fire,
flood or other natural disaster. The application requirements and review
procedures for this general permit authorization are set forth at N.J.A.C.
7:13-8.1(c) through (e).
(b) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), the reconstruction of a lawfully existing private
residence is eligible for authorization under general permit 6 only if:
1. The residence has been
damaged or destroyed by fire, flood or other natural disaster within one year
prior to application to the Department under this general permit authorization;
2. The new residence is
constructed within the footprint of the residence that was damaged or destroyed
or is moved further from the regulated water to higher ground onsite;
3. The residence is not enlarged
(except for an addition that meets a permit-by-rule at N.J.A.C. 7:13-7.2);
4. The residence is not located
in a floodway (either before or after reconstruction);
5. The lowest finished floor of
the new residence is constructed at least one foot above the flood hazard area
design flood elevation;
6. The area below the lowest
finished floor of the residence is not used for habitation and remains open to
floodwaters, in accordance with N.J.A.C. 7:13-11.5(l);
7. If the residence is to be
moved, it is situated outside the riparian zone if a suitable location exists
on the same site. Otherwise the removal of trees within the riparian zone shall
be minimized to accommodate the new building location; and
8. No vegetation is cleared, cut
or removed in a riparian zone, except for vegetation within 20 feet of the
existing and/or proposed residence if such disturbance is necessary to
facilitate its reconstruction. In such a case all temporarily disturbed areas
shall be replanted with indigenous, non-invasive vegetation upon completion of
the project including, if the residence is relocated, the area where the
residence originally existed.
(c) The
flood hazard area design flood elevation and floodway limits must be known in
order to determine compliance with this general permit authorization. If the
flood hazard area design flood elevation and/or floodway limits can be
determined using Methods 1, 2 or 3 (at N.J.A.C. 7:13-3.3, 3.4(d) and 3.4(e),
respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 does not need
to be obtained prior to obtaining authorization under this general permit.
However, if the flood hazard area design flood elevation and/or floodway limits
are determined using Methods 4, 5 or 6 (at N.J.A.C. 7:13-3.4(f), 3.5 and 3.6,
respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 must be
obtained from the Department prior to, or concurrent with, obtaining
authorization under this general permit.
(a) This
section sets forth a general permit to construct the following residential
buildings in a tidal flood hazard area:
1. One new private residence,
which is not being constructed as part of a larger residential subdivision;
2. An addition to a private
residence; and/or
3. A building appurtenant to a
private residence, such as a garage, barn or shed.
(b) The
application requirements and review procedures for this general permit are set
forth at N.J.A.C. 7:13-8.1(c) through (e). The construction of certain types of
residential additions and appurtenant structures may occur pursuant to a
permit-by-rule in accordance with N.J.A.C. 7:13-7.2(a) and (b). Activities
covered by a permit-by-rule do not require a general permit authorization under
this section.
(c) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), a private residence, addition or appurtenant structure is
eligible for authorization under general permit 7 only if:
1. It is located in a tidal
flood hazard area;
2. It does not require a CAFRA
or waterfront development permit under N.J.A.C. 7:7 and 7:7E;
3. It meets the requirements for
disturbance in the riparian zone at N.J.A.C. 7:13-10.2, including any
justification that may be required for the activity and any limitations on the
area of vegetation that can be cleared, cut or removed in the riparian zone;
and
4. It meets the applicable
requirements for a building at N.J.A.C. 7:13-11.5.
(d) The
flood hazard area design flood elevation and floodway limits must be known in
order to determine compliance with this general permit. If the flood hazard
area design flood elevation and/or floodway limits can be determined using
Methods 1, 2 or 3 (at N.J.A.C. 7:13-3.3, 3.4(d) and 3.4(e), respectively), then
a verification pursuant to N.J.A.C. 7:13-6.1 does not need to be obtained prior
to obtaining authorization under this general permit. However, if the flood
hazard area design flood elevation and/or floodway limits are determined using
Methods 4, 5 or 6 (at N.J.A.C. 7:13-3.4(f), 3.5 and 3.6, respectively), then a
verification pursuant to N.J.A.C. 7:13-6.1 must be obtained from the Department
prior to, or concurrent with, obtaining authorization under this general
permit.
(a) This
section sets forth a general permit to construct a utility line across or along
a regulated water that has a drainage area of less than 50 acres. The
application requirements and review procedures for this general permit
authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).
(b) In
addition to satisfying the requirements applicable to all general permits at
N.J.A.C. 7:13-8.1(b), a utility crossing is eligible for authorization under
general permit 8 only if:
1. It is located across or along
a regulated water that has a drainage area of less than 50 acres;
2. It is not located in the
flood hazard area or riparian zone of another regulated water that has a
drainage area of 50 acres or greater;
3. It is authorized under a
valid freshwater wetlands general permit 2 or 21, pursuant to N.J.A.C. 7:7A-5.2
or 5.21, respectively;
4. It meets the requirements for
disturbance in the riparian zone at N.J.A.C. 7:13-10.2, including any
justification that may be required for the activity and any limitations on the
area of vegetation that can be cleared, cut or removed in the riparian zone;
and
5.
It meets the requirements at N.J.A.C. 7:13-11.9 for the construction
of a utility line.
(a) This section sets
forth a general permit to construct a roadway or footbridge across a regulated water that has a drainage area of less than 50
acres. The application requirements and review procedures for this general permit
are set forth at N.J.A.C. 7:13-8.1(c) through (e).
(b) In addition to satisfying
the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b),
a roadway or footbridge is eligible for authorization under general permit 9
only if:
1. It crosses a regulated
water that has a drainage area of less than 50 acres;
2. It is not located in the flood hazard area
or riparian zone of another regulated water that has a drainage area of 50 acres
or greater;
3. It is authorized under a valid freshwater wetlands
general permit 10A or 10B, pursuant to N.J.A.C. 7:7A-5.10A or 5.10B, respectively;
4. It meets the requirements for disturbance in
the riparian zone at N.J.A.C. 7:13-10.2, including any justification that may
be required for the activity and any limitations on the area of vegetation that
can be cleared, cut or removed in the riparian zone; and
5. It meets the requirements at N.J.A.C. 7:13-11.7(e)
through (l) for the protection of aquatic habitat and the maintenance of low-flow
aquatic passage.
(a) This section sets
forth a general permit to construct a stormwater outfall structure along a regulated water that has a drainage area of less than 50
acres. The application requirements and review procedures for this general permit
authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).
(b) In addition to satisfying
the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b),
a stormwater outfall structure is eligible for authorization under general permit
10 only if:
1. It is located along a regulated
water that has a drainage area of less than 50 acres;
2. It is not located in the flood hazard area
or riparian zone of another regulated water that has a drainage area of 50 acres
or greater;
3. It is authorized under a valid freshwater wetlands
general permit 11, pursuant to N.J.A.C. 7:7A-5.11;
4. It meets the requirements for disturbance in
the riparian zone at N.J.A.C. 7:13-10.2, including any justification that may
be required for the activity and any limitations on the area of vegetation that
can be cleared, cut or removed in the riparian zone; and
5. It meets the requirements at N.J.A.C. 7:13-11.10
for the construction of a stormwater outfall structure.