7:13-11.2 Requirements for stormwater management
7:13-11.3 Requirements for excavation, fill and grading activities
7:13-11.4 Requirements for a structure
7:13-11.5 Requirements for a building
7:13-11.6 Requirements for a railroad, roadway or parking
area
7:13-11.7 Requirements for a bridge or culvert
7:13-11.8 Requirements for a footbridge
7:13-11.9 Requirements for a utility line
7:13-11.10 Requirements for a stormwater outfall structure
7:13-11.11 Requirements for a dam or a low dam
7:13-11.12 Requirements for a flood control project
7:13-11.13 Requirements for a retaining wall or bulkhead
7:13-11.14 Requirements for bank stabilization and channel
restoration
7:13-11.15 Requirements for sediment and debris removal from
a water
7:13-11.16 Requirements for the storage of unsecured material
7:13-11.17 Requirements for the placement, storage or processing
of hazardous substances
7:13-11.18 Requirements for the placement, storage or processing
of solid waste
7:13-11.19 Requirements for the removal of existing fill or
an existing structure
(a) This
section sets forth design and construction standards that apply to any
regulated activity proposed in any regulated area.
(b) The
Department shall issue an individual permit for a regulated activity only if it
determines that the regulated activity is not likely to cause significant and
adverse effects on the following:
1. Water quality;
2. Aquatic biota;
3. Water supply;
4. Flooding;
5. Drainage;
6. Channel stability;
7. Threatened and endangered
species or their current or documented historic habitats;
8. Navigation;
9. Energy production; and
10. Fishery resources.
(c) A
permittee shall obtain all necessary approvals from the local Soil Conservation
District or its designee prior to commencing any activity approved in an individual
permit issued under this chapter.
(d) A
permittee shall obtain all necessary approvals from the USDA Natural Resource
Conservation Service or its designee prior to commencing any activity designed
or overseen by the NRCS, which is approved in an individual permit issued under
this chapter.
(e) If
neither the Soil Conservation District nor the USDA Natural Resource
Conservation Service has jurisdiction over an activity approved in an
individual permit issued under this chapter, the permittee shall commence the
activity only if the following soil erosion and sediment control standards, as
specified in the Standards for Soil Erosion and Sediment Control in New Jersey
at N.J.A.C. 2:90, are implemented:
1. Sediment control measures
shall be installed around the proposed construction sufficient to prevent
sediment from entering any riparian zone or channel outside the construction
area;
2. If construction is proposed
in a channel, sediment control measures, such as coffer dams, shall be
installed around the activity sufficient to prevent flowing water from coming
in contact with construction for the duration of the project where feasible;
3. All slopes shall be graded
and stabilized to prevent post-construction erosion; and
4. Permanent, indigenous,
non-invasive vegetation shall be established on all exposed soils immediately
following construction. The applicant shall monitor and maintain all such
vegetation for at least three growing seasons to ensure proper establishment
and survival.
(f) The
Department shall issue an individual permit for a regulated activity that
adversely impacts a property not owned by an applicant only if the applicant
demonstrates that one or more of the requirements at N.J.A.C. 7:13-9.2(f) are
satisfied for each adversely impacted property. A regulated activity shall be
considered to adversely impact a property not owned by an applicant if the
activity meets any of the following requirements (for the purpose of
determining compliance with (f)3, 4 and 5 below, calculations shall be rounded
to the nearest 0.1 feet):
1. The regulated activity is
situated, in whole or in part, on property that is not owned by the applicant;
2. A stormwater discharge is
directed overland onto property that is not owned by the applicant and the
Department determines that the discharge will significantly increase overland
flow on the property not owned by the applicant;
3. The regulated activity will
cause a building situated on property not owned by the applicant to be subject
to increased frequency or depth of flooding during any flood event up to and
including the flood hazard area design flood;
4. The applicant owns (or has
development rights on) both sides of a regulated water, and the regulated
activity will cause the flood hazard area design flood elevation to increase by
more than 0.2 feet on any property not owned by the applicant; and/or
5. The applicant owns (or has
development rights) on only one side of a regulated water, and the regulated
activity will cause the flood hazard area design flood elevation to increase by
more than 0.1 feet on any property not owned by the applicant.
(g) If
a project results in a significant change in the cross-sectional area and/or
hydraulic capacity of a channel or floodway, the Department shall presume that
the project has the potential to adversely impact a property not owned by the
applicant, as described at (f) above. In such a case, the Department shall
require the applicant to provide hydrologic and/or hydraulic calculations that
identify the properties that would be adversely impacted, or which demonstrate
that such impacts will not in fact occur. Examples of projects that may require
such an analysis include a channel modification, flood control project, the
construction or removal of a water control structure and the placement of a
significant volume of fill in a floodway.
(a) This
section sets forth stormwater management requirements and specific design and
construction standards that apply to any major development, as defined at
N.J.A.C. 7:8-1.2, which requires an individual permit under this chapter.
(b) The
Department shall issue an individual permit for a regulated activity associated
with a major development only if the requirements of the Stormwater Management
rules at N.J.A.C. 7:8 are satisfied.
(c) The
Department shall issue an individual permit for a stormwater management basin
located within or discharging within a flood hazard area only if the following
requirements are satisfied:
1. The basin is designed and
constructed to function properly during both flood and non-flood conditions;
2. The effects of flooding and
tailwater conditions on any proposed discharge are accounted for in the
stormwater management calculations for the proposed basin. Tailwater conditions
refer to situations where the discharge pipe will be submerged during a flood
in such a way that floodwaters prevent the basin from draining properly. The
effects of flooding and tailwater conditions are of particular concern in the
following cases:
i. The basin will be
overtopped and flooded during the flood hazard area design flood, because it is
not feasible to construct the emergency spillway in accordance with (c)3 below;
ii. The drainage area of the
basin is similar in size to the drainage area of the water receiving the
proposed discharge;
iii. The basin reaches its maximum
storage volume during or near the time flooding peaks within the water
receiving the proposed discharge; and/or
iv. The elevation of the lowest
discharge orifice or weir in the basin lies below the flood hazard area design
flood elevation;
3. If a basin is proposed within
the flood hazard area, the emergency spillway shall be constructed above the
flood hazard area design flood elevation where feasible, in order to prevent
floodwaters from overtopping the berm and flooding the basin; and
4. If the elevation of the
lowest discharge orifice or weir in the basin lies below the flood hazard area
design flood elevation, the discharge pipe shall be equipped with mechanical
devices where appropriate to prevent floodwater from backing up the pipe into
the basin.
(a) This
section sets forth specific design and construction standards that apply to any
excavation, fill and/or grading proposed in any regulated area.
(b) The
Department shall issue an individual permit for excavation, fill and/or grading
only if the following requirements are satisfied:
1. The overland flow of
stormwater is not impeded and floodwaters can freely enter and exit the
disturbed area, unless the area is graded to impound water for a stormwater
management structure that meets the requirements of the Stormwater Management
rules at N.J.A.C. 7:8;
2. Any slope of greater than 50
percent (a ratio of two horizontal to one vertical) is stabilized using soil
bioengineering, retaining walls, rip-rap or other appropriate slope protection;
3. The excavation, fill and/or
grading does not endanger the integrity of any existing structure; and
4. All excavated material is
disposed of lawfully.
(a) This
section sets forth specific design and construction standards that apply to any
structure proposed in any regulated area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
structure only if the entire structure is designed and constructed to be
suitably anchored in order to:
1. Resist impact from water and
debris during the flood hazard area design flood;
2. Resist uplift, flotation,
collapse and displacement due to hydrostatic and hydrodynamic forces resulting
from the flood hazard area design flood;
3. Resist overturning and
sliding pressure, as well as pressure from the freeze/thaw cycle of the soil;
and
4. If the structure is located
in or adjacent to a channel, resist undermining caused by channel erosion.
(a) This
section sets forth specific design and construction standards that apply to any
building proposed in the areas listed in (b) below. Subsection (c) below
establishes standards that apply to all buildings, and subsections (d) through
(q) below provide additional standards for various types of buildings.
(b) The
requirements in this section apply to a building that is constructed or
reconstructed in the following areas:
1. A flood hazard area; and
2. An area that was previously
situated in a flood hazard area, but which was filled, raised or otherwise
removed from the flood hazard area after January 31, 1980, whether in
accordance with or in violation of this chapter, except in the following cases:
i. A Department
delineation is available for the site, and the Department approves a revision
of its delineation that removes the area in question from the flood hazard
area; or
ii. No Department delineation is
available for the site, but FEMA issues a Letter of Map Amendment that removes
the area in question from the 100-year flood plain.
(c) The
Department shall issue an individual permit to construct or reconstruct a
building of any kind only if the following requirements are satisfied:
1. Any new building is located
at least 25 feet from any top of bank or edge of water;
2. If an existing building
located near any top of bank or edge of water is to be expanded, the expanded
portion is located at least 25 feet from the top of bank or edge of water,
where possible;
3. If an existing building
located near any top of bank or edge of water is to be reconstructed, the new
building shall be relocated at least 25 feet from the top of bank or edge of
water, where possible;
4. Any exterior wall being
constructed or reconstructed is designed to resist hydrostatic and hydrodynamic
pressure caused by flooding up to the flood hazard area design flood elevation;
and
5. All applicable requirements
contained in (d) through (q) below are satisfied.
(d) The
Department shall not issue an individual permit for the construction of a new
building in a floodway, except for the construction of a building on a pier in
the Hudson River satisfying the requirements of N.J.A.C. 7:7E-3.48.
(e) The
Department shall issue an individual permit for the reconstruction of a
lawfully existing building in a floodway only if the following requirements are
satisfied:
1. The building has not been
unoccupied for more than five years prior to the date of application to the
Department to reconstruct;
2. The reconstruction shall not
convert a non-residential use to a residential use; and
3. All construction takes place
within the same footprint as the original building.
(f) The
Department shall issue an individual permit for the construction of an addition
to a lawfully existing building in a floodway only if the following
requirements are satisfied:
1. The building has not been
unoccupied for more than five years prior to the date of application to the Department
to construct the addition;
2. The addition does not result
in any further obstruction to the flow of floodwaters; and
3. The existing building, in
combination with the addition, is modified to withstand the hydrodynamic and
hydrostatic forces due to flooding up to the flood hazard area design flood
elevation.
(g) The
Department shall issue an individual permit to construct or reconstruct a
private residence only if the lowest floor of the building meets the elevation
requirements at (k) below.
(h) The
Department shall issue an individual permit to construct or reconstruct a
public building only if the following requirements are satisfied:
1. The lowest floor of the
building meets the elevation requirements at (k) below;
2. For a new building in a fluvial
flood hazard area, the applicant demonstrates that the building is served by at
least one roadway, the travel surface of which is constructed at least one foot
above the flood hazard area design flood elevation; and
3. For a new building in a tidal
flood hazard area, or for any reconstructed building, the applicant
demonstrates that the building is served by at least one roadway, the travel
surface of which is constructed at least one foot above the flood hazard area
design flood elevation, where feasible.
(i) The
Department shall issue an individual permit to construct or reconstruct a
habitable building that is neither a private residence nor a public building,
only if one of the following requirements is satisfied:
1. The lowest floor of the building
meets the elevation requirements at (k) below; or
2. The applicant does the
following:
i. Demonstrates that it is
not feasible to meet the elevation requirements at (k) below;
ii. Constructs the lowest floor
of the building as close to one foot above the flood hazard area design flood
elevation as feasible; and
iii. Certifies that the building will be
constructed in accordance with the dry flood-proofing requirements at (q)
below.
(j) The
Department shall issue an individual permit for the conversion of a building
into a private residence or public building only if the following requirements
are satisfied:
1. The lowest floor of the
building meets the elevation requirements at (k) below; and
2. For a public building, the
applicant demonstrates that the building is served by at least one roadway, the
travel surface of which is constructed at least one foot above the flood hazard
area design flood elevation, where feasible.
(k) The
elevation requirements for a building listed at (g) through (j) above are as
follows:
1. For a new building, the
lowest floor shall be constructed at least one foot above the flood hazard area
design flood elevation;
2. For the reconstruction of a
building that has been damaged by fire, flooding or other natural disaster, the
lowest floor shall be constructed at least one foot above the flood hazard area
design flood elevation, unless the applicant demonstrates that it is not
feasible to do so. In such a case, the lowest floor shall be constructed as
close to this elevation as feasible;
3. For the reconstruction of a
building not covered in (k)2 above, such as the voluntary razing a building and
constructing a new one in its place, the lowest floor shall be constructed at
least one foot above the flood hazard area design flood elevation; and
4. For the enlargement of a
building, such as the construction of an addition, the lowest floor of the new
portion of the building shall be constructed at least one foot above the flood
hazard area design flood elevation. The original building does not need to be
elevated unless the original building was constructed in violation of this
chapter. The Department shall not issue a permit to enlarge a building that was
constructed in violation of this chapter unless the applicant first does the
following:
i. Receives a permit under
this chapter to legalize the existing building; and
ii. Performs any modifications to
the existing building that the Department determines are necessary to bring the
building into compliance with the requirements of this chapter.
(l) The
Department shall issue an individual permit for a habitable building with an
enclosed area beneath the flood hazard area design flood elevation only if the
enclosed area meets one of the following requirements:
1. The enclosed area is a crawl
space that meets the requirements of (m) below;
2. The enclosed area is a garage
that meets the requirements of (n) below; or
3. The enclosed area is open to
floodwaters as described at (o) below.
(m) The
Department shall issue an individual permit for a habitable building with a
crawl space below the flood hazard area design flood elevation as described at
(l)1 above only if the Department determines that the crawl space meets the
following requirements:
1. The floor elevation of the
crawl space is at or above the adjoining exterior grade along at least one
entire exterior wall;
2. In order to prevent
habitation of the crawl space, the vertical distance from the crawl space floor
to the finished elevation of the first floor of the building is six feet or less.
If this distance is greater than six feet, the area beneath the finished first
floor is not considered a crawl space;
3. Two or more permanent flood
vents that meet the requirements of (p) below are constructed in the outer
walls of the crawl space; and
4. The deed of the property is
modified to state that habitation of the crawl space is prohibited. The
modified deed shall be filed with the local county clerk, a copy of which shall
be provided to the Department within 90 calendar days of the issuance of the
individual permit.
(n) The
Department shall issue an individual permit for a garage with a floor below the
flood hazard area design flood elevation as described at (l)2 above, whether
attached to or below a private residence or freestanding, only if the garage
meets the following requirements:
1. The floor elevation of the
garage is at or above the adjoining exterior grade along at least one entire
exterior wall;
2. The garage serves only one
private residence, which is not being constructed as part of a larger
residential subdivision;
3. The garage has a footprint of
no more than 625 square feet;
4. Two or more permanent flood
vents that meet the requirements of (p) below are constructed in the outer
walls of the garage; and
5. The deed of the property is
modified to disclose (n)5i through iv below. The modified deed shall be filed
with the local county clerk, a copy of which shall be provided to the
Department within 90 calendar days of the issuance of the individual permit:
i. That habitation of the
garage is prohibited;
ii. That the garage and driveway
are likely to be inundated by floodwaters, which may result in damage and/or
inconvenience;
iii. The minimum frequency storm at
which the garage and driveway will be inundated; and
iv. The depth of flooding during the
flood hazard area design flood.
(o) The
Department shall issue an individual permit for a habitable building with an
enclosed area below the flood hazard area design flood elevation, which is not
a crawl space or garage as described at (m) and (n) above, respectively, only
if the enclosed area meets the following requirements:
1. The floor elevation of the
enclosed area is at or above the adjoining exterior grade along at least one
entire exterior wall;
2. At least 25 percent of the
surface area of the outer wall of the enclosed area is left permanently open so
that floodwaters can freely enter the building to balance hydrostatic pressure
during a flood;
3. At least one permanent
opening in the outer wall extends down to the floor elevation of the enclosed
area; and
4. The deed of the property is
modified to state that habitation of the enclosed area is prohibited. The
modified deed shall be filed with the local county clerk, a copy of which shall
be provided to the Department within 90 calendar days of the issuance of the
individual permit.
(p) A
flood vent constructed in the outer wall of a building shall meet the following
requirements (unless otherwise required under the New Jersey Uniform
Construction Code at N.J.A.C. 5:23):
1. The invert of each flood vent
shall be no more than 12 inches above the adjoining exterior grade;
2. The invert of at least half
of the flood vents shall be no more than 12 inches above the floor of the
building;
3. The combined effective open
area of the flood vents shall be at least one square inch per square foot of
the area of the footprint of the building, unless a smaller FEMA-approved
device with an equivalent effective area is utilized; and
4. The flood vents shall not be
blocked at any time, but shall permanently remain open so that floodwaters can
freely enter the building to balance hydrostatic pressure during a flood.
(q) A
building that is to be dry flood-proofed to meet a requirement of this chapter
shall be designed and constructed to be waterproof up to the flood hazard area
design flood elevation so that floodwaters cannot enter the structure during a
flood. Specifically, the building's foundation, floor slab and walls shall be
designed to resist hydrostatic pressure up to the flood hazard area design
flood elevation. In addition, any exterior wall opening below the flood hazard
area design flood elevation, such as a door or window, shall be equipped with
waterproof seals and/or panels and shall also be designed to resist hydrostatic
pressure up to the flood hazard area design flood elevation. An application for
an individual permit for a dry flood-proofed building shall include the
information listed at N.J.A.C. 7:13-9.2(e).
(a) This
section sets forth specific design and construction standards that apply to any
railroad, roadway or parking area proposed in a flood hazard area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
railroad or public roadway only if one of the following requirements is
satisfied:
1. The travel surface of the
railroad or public roadway is constructed at least one foot above the flood
hazard area design flood elevation; or
2. The applicant demonstrates
that it is not feasible to construct the travel surface of the proposed
railroad or public roadway at least one foot above the flood hazard area design
flood elevation pursuant to (g) below, and instead constructs the travel
surface as close to this elevation as feasible.
(c) The
Department shall issue an individual permit to construct or reconstruct a
driveway that only serves one private residence, which is not being constructed
as part of a larger residential subdivision, only if one of the following
requirements is satisfied:
1. The travel surface of the
driveway is constructed at least one foot above the flood hazard area design
flood elevation; or
2. The applicant does the
following:
i. Demonstrates that it is
not feasible to construct the travel surface of the proposed driveway at least
one foot above the flood hazard area design flood elevation pursuant to (g)
below, and instead constructs the travel surface as close to this elevation as
feasible; and
ii. Modifies the deed of the
property to disclose (c)2ii(1) through (3) below. The modified deed shall be
filed with the local county clerk, a copy of which shall be provided to the
Department within 90 calendar days of the issuance of the individual permit.
(1) That the driveway is likely to be
inundated by floodwaters, which may result in damage and/or inconvenience;
(2) The minimum frequency storm at which the
driveway will be inundated; and
(3) The depth of flooding during the flood
hazard area design flood.
(d) The
Department shall issue an individual permit to construct or reconstruct a
private roadway that serves a public building only if one of the following
requirements is satisfied:
1. The travel surface of the
private roadway is constructed at least one foot above the flood hazard area
design flood elevation;
2. For a new private roadway in
a fluvial flood hazard area, the applicant demonstrates that the public
building is already served by one or more roadways having a travel surface at
least one foot above the flood hazard area design flood elevation, which is of
adequate size and capacity to serve the public building, and instead constructs
the travel surface of the roadway as close to this elevation as feasible; or
3. For a new private roadway in
a tidal flood hazard area, or for any reconstructed private roadway that currently
lies below the flood hazard area design flood elevation, the applicant
demonstrates that it is not feasible to construct the travel surface of the
roadway at least one foot above the flood hazard area design flood elevation
pursuant to (g) below, and instead constructs the travel surface of the roadway
as close to this elevation as feasible.
(e) The
Department shall issue an individual permit to construct or reconstruct a
parking area that serves a public building only if one of the following
requirements is satisfied:
1. The travel surface of the
parking area is constructed at least one foot above the flood hazard area
design flood elevation; or
2. The applicant demonstrates
that it is not feasible to construct the travel surface of the parking area at least
one foot above the flood hazard area design flood elevation pursuant to (g)
below, and instead constructs the travel surface of the parking area as close
to this elevation as feasible.
(f) The
Department shall issue an individual permit to construct or reconstruct a
private roadway and/or parking area that serves a building, or group of
buildings, not covered by (c), (d) or (e) above, such as a commercial business,
house of worship, office complex, shopping center or residential subdivision of
two or more private residences, only if one of the following requirements is
satisfied:
1. The travel surface of each
proposed private roadway and parking area that serve the building or group of
buildings is constructed at least one foot above the flood hazard area design
flood elevation;
2. The applicant demonstrates
the following:
i. Each building or group
of buildings is already served by one or more roadways having a travel surface
at least one foot above the flood hazard area design flood elevation, which is
of adequate size and capacity to serve the building or group of buildings;
ii. The travel surface of each
proposed roadway is constructed as close to one foot above the flood hazard
area design flood elevation as feasible; and
iii. The travel surface of each proposed
parking area is constructed at least one foot above the flood hazard area
design flood elevation; or
3. The applicant demonstrates
the following:
i. It is not feasible to
construct the travel surface of each private roadway and parking area at least
one foot above the flood hazard area design flood elevation pursuant to (g)
below;
ii. The travel surface of each
private roadway and parking area is constructed as close to one foot above the
flood hazard area design flood elevation as feasible;
iii. Every effort has been taken to
provide some parking areas or sections of roadway in the overall development
that are situated at least one foot above the flood hazard area design flood
elevation so that vehicles can be moved to higher ground during a flood;
iv. No extraordinary risk is posed to
any person using each private roadway or parking area that is constructed at an
elevation less than one foot above the flood hazard area design flood
elevation; and
v. An adequate number of
permanent signs are posted in prominent locations indicating which private
roadways and parking areas are subject to flooding in the following cases:
(1) The roadway and/or parking area serves a
residential subdivision of two or more private residences; or
(2) The parking area has 10 spaces or more.
(g) An
applicant seeking to demonstrate that it is not feasible to construct the
travel surface of a railroad, roadway or parking area at least one foot above
the flood hazard area design flood elevation, as is required for various activities
in this section, shall prove that strict compliance with this requirement would
result in one or more of the following:
1. Prohibitively high
construction costs;
2. Construction costs that are
disproportionately high compared with any benefit that would be obtained by
strict compliance;
3. A design that necessitates
excessive volumes of fill that exceed the flood storage displacement limits at
N.J.A.C. 7:13-10.4, for which flood storage cannot feasibly be created in
compensation either onsite or offsite; and/or
4. A design that causes
unavoidable and adverse impacts to the environment (such as to the channel,
riparian zone or fishery resources), or which would cause unavoidable and
significant increases in the flood hazard area design flood elevation.
(a) This
section sets forth specific design and construction standards that apply to any
bridge or culvert proposed in any regulated area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
bridge or culvert only if the following requirements are satisfied:
1. The bridge or culvert, and
all embankments, are designed to remain stable, scour resistant and resistant
to displacement and/or damage during any flood event up to and including the
flood hazard area design flood. At a minimum, each bridge shall have stable
abutments, each culvert shall have stable headwalls, and each abutment and
headwall shall have footings that extend no less than three feet below the
invert of the channel; and
2. The bridge or culvert, and
its associated roadway, are designed to minimize flooding and adverse impacts
to channel stability and fishery resources. To help achieve this goal, the
bridge or culvert opening shall match or exceed the dimensions of the existing
channel where feasible, so that the size and shape of the natural channel is
preserved through the structure. If additional flood conveyance is required,
parallel culverts can be placed alongside the primary structure to carry flows
that exceed the banks. Examples of acceptable designs are provided in the Flood
Hazard Area Technical Manual, available from the Department at the address
listed at N.J.A.C. 7:13-1.1(g).
(c) The
Department shall issue an individual permit to construct a new bridge or
culvert only if the following requirements are satisfied (for the purpose of
determining compliance with this subsection, calculations shall be rounded to
the nearest 0.1 feet):
1. The new structure does not
cause any offsite building, railroad, roadway or parking area to be subject to
increased frequency or depth of flooding during any flood event up to and
including the flood hazard area design flood; and
2. The new structure does not
cause an increase of more than 0.2 feet in the flood hazard area design flood
elevation offsite.
(d) The
Department shall issue an individual permit to reconstruct an existing bridge
or culvert only if the following requirements are satisfied (for the purpose of
determining compliance with this subsection, calculations shall be rounded to
the nearest 0.1 feet):
1. The reconstructed structure
does not cause any offsite building, railroad, roadway or parking area to be
subject to increased frequency or depth of flooding during any flood event up
to and including the flood hazard area design flood;
2. The reconstructed structure
does not cause an increase of more than 0.2 feet in the flood hazard area
design flood elevation offsite within 500 feet of the structure; and
3. The reconstructed structure
does not cause any increase in the flood hazard area design flood elevation
offsite more than 500 feet from the structure.
(e) Subsections
(f) through (m) below set forth standards for the protection of aquatic habitat
and the maintenance of low-flow aquatic passage associated with the
construction of a bridge or culvert. Examples of various designs described in
this section are depicted in the Flood Hazard Area Technical Manual, available
from the Department at the address listed at N.J.A.C. 7:13-1.1(g). For the
purposes of this section, regulated waters are divided into three classes as
follows:
1. Class A waters, which include
the following:
i. Category One waters;
ii. Trout production waters;
iii. Trout maintenance waters;
iv. Trout stocked waters;
v. Anadromous waters;
vi. Waters supporting cool and
warmwater gamefish; and
vii. Waters supporting aquatic threatened
and/or endangered species;
2. Class B waters, which include
the following:
i. Waters supporting
non-game cool and warmwater fish;
ii. Waters identified by the
Department's Division of Fish and Wildlife as supporting aquatic biota, which
are not otherwise listed as Class A in (e)1 above; and
iii. Waters that have been altered
and/or degraded by lining, ditching, channel modification or other human
activity, but which the Department determines can be restored and/or enhanced
to support viable aquatic resources such as described in this paragraph; and
3. Class C waters, which include
the following:
i. Waters that do not
contain fishery resources;
ii. Waters that are wholly manmade
(not naturally occurring waters that have been altered by human activity); and
iii. All other waters not otherwise
included in Class A and Class B in (e)1 and 2 above.
(f) The
Department shall issue an individual permit to construct or reconstruct a
bridge or culvert in or across a Class A water that has a channel width of five
feet or more as follows:
1. The channel shall be
completely spanned with one bridge, arch culvert or three-sided culvert as
described in (i) below.
2. If spanning under (i) below
is not feasible due to prohibitively high construction costs, unstable
substrate, adverse impacts to flooding and/or an irregular channel
configuration, and the applicant meets the waiver requirements at (m) below,
the channel shall be spanned with a smaller structure and adjoining side-relief
culverts shall be constructed as described in (j) below.
3. If spanning the channel with
side-relief culverts under (j) below is not feasible due to prohibitively high
construction costs, unstable substrate, adverse impacts to flooding and/or an
irregular channel configuration, one circular or elliptical culvert, or a
system of culverts, shall be constructed as described in (k) below.
4. If constructing culverts
under (k) below is not feasible due to hydraulic or structural design
constraints, the applicant can construct a circular, elliptical or box culvert
as described in (l) below.
(g) The
Department shall issue an individual permit to construct or reconstruct a
bridge or culvert in or across a Class B water, or a Class A water that has a
channel width of less than five feet, as follows:
1. The channel shall be
completely spanned with one bridge, arch culvert or three-sided culvert as
described in (i) below.
2. If spanning under (i) below
is not feasible due to prohibitively high construction costs, unstable
substrate, adverse impacts to flooding and/or an irregular channel
configuration, the channel shall be spanned with a smaller structure and
adjoining side-relief culverts shall be constructed as described in (j) below.
3. If spanning the channel with
side-relief culverts under (j) below is not feasible due to prohibitively high
construction costs, unstable substrate, adverse impacts to flooding and/or an
irregular channel configuration, and the applicant meets the waiver
requirements at (m) below, one circular or elliptical culvert, or a system of
culverts, shall be constructed as described in (k) below.
4. If constructing culverts
under (k) below is not feasible due to hydraulic or structural design
constraints, the applicant can construct a circular, elliptical or box culvert
as described in (l) below.
(h) The
Department shall issue an individual permit to construct or reconstruct a
bridge or culvert in or across a Class C water as follows:
1. The channel shall be
completely spanned with one bridge, arch culvert or three-sided culvert as
described in (i) below.
2. If spanning under (i) below
is not feasible due to prohibitively high construction costs, unstable
substrate, adverse impacts to flooding and/or an irregular channel
configuration, the channel shall be spanned with a smaller structure and
adjoining side-relief culverts shall be constructed as described in (j) below.
3. If spanning the channel with
side-relief culverts under (j) below is not feasible due to prohibitively high
construction costs, unstable substrate, adverse impacts to flooding and/or an
irregular channel configuration, one circular or elliptical culvert, or a
system of culverts, shall be constructed as described in (k) below.
4. If constructing culverts
under (k) below is not feasible due to hydraulic or structural design
constraints, the applicant can construct a circular, elliptical or box culvert
as described in (l) below.
(i) Spanning
a channel under (f)1, (g)1 and (h)1 above shall be accomplished as follows:
1. The span shall be adequately
sized to pass the flood hazard area design flood without a significant increase
in the velocity of water in the channel;
2. A stable, natural, earthen
channel with low-flow aquatic passage shall be provided throughout the
structure; and
3. No armoring shall be placed
under or across the channel bed, unless such armoring is necessary to prevent
scour along the proposed abutments or footings. In such a case, the armoring
shall be buried beneath at least two feet of native substrate where feasible.
(j) Spanning
a channel with adjoining side-relief culverts under (f)2, (g)2 and (h)2 above
shall be accomplished as follows:
1. The span shall consist of a
bridge, arch culvert or three-sided culvert that is sized to match the width
and cross-sectional area of the channel so as to convey bank-full flow without
a significant increase in the velocity of water in the channel;
2. A stable, natural, earthen
channel with low-flow aquatic passage shall be provided throughout the
structure;
3. Additional culverts shall be
constructed outside the channel, and parallel to the span, as needed to convey
flood events that exceed the channel's capacity, up to and including the flood
hazard area design flood; and
4. No armoring shall be placed
under or across the channel bed, unless such armoring is necessary to prevent
scour along the proposed abutments or footings. In such a case, the armoring
shall be buried beneath at least two feet of native substrate where feasible.
(k) One
circular or elliptical culvert, or a system of parallel circular and/or
elliptical culverts, under (f)3, (g)3 and (h)3 shall be constructed as follows:
1. Where possible, one culvert
shall be constructed, which is adequately sized so to pass the flood hazard
area design flood without a significant increase in the velocity of water in
the channel;
2. If construction under (k)1
above is not feasible, one culvert shall be sized to match the width and
cross-sectional area of the channel, so as to convey bank-full flow without a
significant increase in velocity, and additional culverts shall be constructed
outside the channel, and parallel to the span, as needed to convey flood events
that exceed the channel's capacity, up to and including the flood hazard area design
flood;
3. The invert of the in-channel
culvert shall be installed at least two feet below the invert of the natural
channel where feasible;
4. The in-channel culvert shall
be filled with native substrate up to the invert of the natural channel, in order
to create a contiguous flow-path through the culvert that meets and matches the
bottom inverts, cross-sections and profile of the channel beyond the culvert;
and
5. The applicant shall
demonstrate that the native substrate placed within the in-channel culvert will
remain stable under expected storm flow conditions.
(l) A
circular, elliptical or box culvert under (f)4, (g)4 and (h)4 shall be
constructed as follows:
1. Where feasible:
i. The invert of the
culvert shall be installed at least two feet below the invert of the natural
channel where feasible;
ii. The culvert shall be filled
with native substrate up to the invert of the natural channel, in order to
create a contiguous flow-path through the culvert that meets and matches the
bottom inverts, cross-sections and profile of the channel beyond the culvert;
and
iii. The applicant shall demonstrate
that the native substrate placed within the culvert will remain stable under
expected storm flow conditions; and
2. If a culvert cannot be
constructed as described at (l)1 above due to unstable substrate or other
physical constraints, the culvert shall be constructed to incorporate an
artificial low-flow treatment such as a V-notch, key-notch or concave floor
(see the Flood Hazard Area Technical Manual, available from the Department at
the address listed at N.J.A.C. 7:13-1.1(g), for various examples).
(m) A
waiver from the requirements of (f)1 and (g)2 above shall be granted provided:
1. The applicant clearly
demonstrates that compliance with (f)1 or (g)2 is not possible or feasible,
and/or that the cost of compliance greatly outweighs the environmental benefit
that would be achieved. For the purposes of this subsection, the cost of
compliance refers not only to economic cost to the applicant but also real or potential
adverse impacts to the environment, flooding or public safety;
2. The applicant, if a public
entity, demonstrates that:
i. There is a public need
to cross the regulated water; and
ii. There is no other feasible
means of constructing a bridge or culvert, which would reduce or eliminate
adverse impacts to aquatic resources, flooding and public safety; and
3. The applicant, if a private
entity, demonstrates that:
i. There is developable
land onsite that cannot feasibly be accessed without crossing the regulated
water, including accessing the site through neighboring properties; and
ii. There is no other feasible
means of constructing a bridge or culvert to access the developable area
onsite, which would reduce or eliminate adverse impacts to aquatic resources,
flooding and public safety.
(a) This
section sets forth specific design and construction standards that apply to any
footbridge proposed in any regulated area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
footbridge only if the following requirements are satisfied (examples of
various designs described in this section are depicted in the Flood Hazard Area
Technical Manual, available from the Department at the address listed at
N.J.A.C. 7:13-1.1(g)):
1. The structure is used
exclusively to carry pedestrians, livestock and/or light vehicles such as
bicycles, golf carts or lawn tractors over a regulated water;
2. The travel width is no more
than 10 feet. If the travel width is more than six feet, bollards or similar
devices shall be installed to prevent automobiles and other larger vehicles
from utilizing the footbridge;
3. The structure completely
spans the water so that no footings, piers or abutments are placed in the water
or its channel;
4. All footings, piers and
abutments proposed within 10 feet of the top of bank or edge of water extend at
least three feet below the channel invert;
5. All footings, piers and
abutments proposed more than 10 feet beyond the top of bank or edge of water
extend at least three feet below grade;
6. No approach ramp or other
part of the footbridge obstructs flow in a floodway;
7. If the footbridge provides
access to a public building, its travel surface is constructed at least one
foot above the flood hazard area design flood elevation where feasible, or as
close to this elevation as feasible; and
8. The footbridge is designed to
pass floodwaters in one of the following ways:
i. The low chord of the
footbridge is set above the flood hazard area design flood elevation; or
ii. Open handrails are used
instead of a solid parapet, and the vertical distance between the low chord and
the top of the footbridge deck, including any curbing, is no more than eight
inches.
(c) A
structure that meets the requirements of (b) above is not subject to the
requirements for a bridge or culvert at N.J.A.C. 7:13-11.7. Any footbridge or other similar crossing
that does not comply with the requirements of (b) above is subject to the
requirements at N.J.A.C. 7:13-11.7 for bridges and culverts instead of the
requirements of this section.
(a) This
section sets forth specific design and construction standards that apply to any
utility line proposed in any regulated area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
utility line across or under a channel or water only if the following
requirements are satisfied, as applicable:
1. The applicant demonstrates
that it is not feasible to directionally drill or "jack" the proposed
utility line under the channel or water, as permitted-by-rule at N.J.A.C.
7:13-7.2(c)3;
2. The applicant demonstrates
that it is not feasible to construct the utility line within a roadway that
already crosses the channel or water, as permitted-by-rule at N.J.A.C.
7:13-7.2(c)4;
3. The applicant demonstrates
that it is not feasible to attach the utility line to a bridge that already
crosses the channel or water, as permitted-by-rule at N.J.A.C. 7:13-7.2(c)5;
4. The excavation of an open
trench across a channel or water resulting in contact with flowing water is
avoided. If the excavation of an open trench is unavoidable, the following
requirements shall be met;
i. Any trench in a
channel, water or riparian zone, is no more than 20 feet wide, unless the
applicant demonstrates that such a width is not feasible and a wider trench is
necessary for safe construction;
ii. The normal flow of the
channel or water is piped or diverted around the open trench during
construction where possible so that sediment cannot enter the regulated water;
and
iii. The trench is backfilled to the
pre-excavation ground elevation using native substrate upon completion of the
crossing;
5. All disturbed areas in the
flood hazard area are restored to pre-construction topography;
6. A utility line that conveys a
gas or liquid is protected in one of the following ways:
i. It is covered by at
least four feet of stable material consisting of native substrate in the
channel or water;
ii. It is encased in six inches
of concrete and covered by at least three feet of stable material consisting of
native substrate in the channel or water;
iii. It is encased within a steel
sleeve, or protected above by a 0.25-inch thick stainless steel plate, and
covered by at least three feet of stable material consisting of native
substrate in the channel or water; or
iv. If the applicant demonstrates that
it is not feasible to provide at least three feet of coverage beneath the
channel or water, and that there is no feasible alternative location for
crossing the channel or water where at least three feet of coverage is
provided, the utility line is either:
(1) Covered by as much stable material
consisting of native substrate in the channel or water as feasible, and encased
within a steel sleeve; or
(2) Covered by as much stable material
consisting of native substrate in the channel or water as feasible, protected
above by a 0.25-inch thick stainless steel plate, and encased with six inches
of concrete around the sides and bottom;
7. A utility line that does not
convey a gas or liquid is covered by at least three feet of stable material
consisting of native substrate in the channel or water where feasible;
8. The utility line is sealed to
ensure that there will be no leakage or discharge in a regulated area; and
9. The following requirements
are satisfied for each utility line that crosses a channel or water, unless the
applicant demonstrates that one or more of these requirements is not feasible
or that another configuration would pose less risk to life, property and the
environment:
i. Each utility line is
placed nominally horizontal under the entire channel or water, and remains so
beyond each bank for a distance equal to twice the height of the bank, or 10
feet, whichever is greater. If there is no discernible bank, the utility line
shall remain nominally horizontal for at least 10 feet beyond the normal edge
of water;
ii. The inclined portion of each
utility line approaching the channel or water has a slope no greater than 50
percent (a ratio of two horizontal to one vertical); and
iii. Encasement extends under the entire
channel or water and 10 feet beyond each top of bank. If there is no
discernible bank, the utility line shall be encased for at least 10 feet beyond
the normal edge of water.
(c) The
Department shall issue an individual permit to construct or reconstruct a
utility line above a channel or floodway, which is not attached to a roadway or
railroad crossing, or which is attached to such a crossing but does not meet
the permit-by-rule at N.J.A.C. 7:13-7.2(c)5, only if the following requirements
are satisfied:
1. The applicant demonstrates
that it is not feasible to attach the utility line to a bridge that already
crosses the channel or water, as permitted-by-rule at N.J.A.C. 7:13-7.2(c)5;
2. The utility line does not
create any obstruction to the flow of floodwaters;
3. The utility line is suitably
anchored and protected from damage by impact from floating debris;
4. The utility line is sealed to
ensure that there will be no leakage or discharge in a regulated area; and
5. The utility line is placed at
least one foot above the flood hazard area design flood elevation.
(d) The
Department shall issue an individual permit to construct or reconstruct a
manhole associated with a utility line in a regulated area only if the
following requirements are satisfied:
1. The manhole is constructed at
least 10 feet from any top of bank or edge of water (unless situated within a
paved surface);
2. The manhole has a watertight
cover if constructed along a sanitary sewer line;
3. The top of a manhole in a
floodway is flush with the ground; and
4. The top of a manhole in a
flood fringe is flush with the ground, where possible.
(e) The
Department shall issue an individual permit for the placement of a cable
directly on the bed of a channel or water only if the following requirements
are satisfied:
1. The channel or water is large
enough in both width and depth that the cable will not interfere with the
normal flow of the channel or water; and
2. The cable is laid with enough
slack so that it can be easily moved.
(f) The
Department shall issue an individual permit that allows, over the five-year
term of the permit, the necessary and periodic maintenance, repair or
replacement of any section of a lawfully existing above or below ground utility
line in a regulated area only if the following requirements are satisfied:
1. The applicant submits an
application for an individual permit which, in addition to the normal
application requirements, includes the following:
i. The exact location of
the utility line network that is the subject of the application, identified on
USGS quad maps; and
ii. Details of the types of
maintenance, repair and/or replacement activities that can be expected to occur
during the five-year period, including typical drawings of any anticipated
repairs and a construction sequence;
2. The applicant agrees to
provide public notice pursuant to N.J.A.C. 7:13-16.3(d) at least five working
days before performing any repair or replacement;
3. The applicant agrees to
replant all disturbed areas in the riparian zone with indigenous, non-invasive
vegetation after each repair or replacement;
4. The applicant agrees to
restore all disturbed areas in the flood hazard area to pre-construction
topography after each repair or replacement; and
5. The applicant agrees to
submit a report to the Department each January which includes the following:
i. A description of each
repair or replacement that occurred during the previous calendar year;
ii. Color photographs of each
regulated area before and after each repair or replacement; and
iii. The fee for each repair or
replacement, as provided at N.J.A.C. 7:13-17.
(a) This
section sets forth specific design and construction standards that apply to any
stormwater outfall structure proposed in any regulated area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
stormwater outfall structure only if the following requirements are satisfied
(examples of acceptable designs are provided in the Flood Hazard Area Technical
Manual, available from the Department at the address listed at N.J.A.C.
7:13-1.1(g)):
1. The structure is built with a
concrete headwall or flared-end section with footings that extend no less than
three feet below grade;
2. The structure does not
obstruct flow in a channel or floodway;
3. The structure includes
adequate conduit outlet protection where required by the Standards for Soil
Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90;
4. If the structure includes a
rip-rap apron, a three feet deep by three feet wide rip-rap toe wall is
constructed at the end of the apron; and
5. The structure does not
interfere with the normal flow of the channel or threaten to change the
dimensions or location of the channel. For example, a large discharge of
stormwater into a small channel, or a discharge situated at a significant angle
to the normal flow in a channel, may cause the channel to move over time,
interfere with the direction of flow and/or cause increased erosion or
deposition of sediment within the channel.
(a) This
section sets forth specific design and construction standards that apply to any
dam or low dam proposed in any regulated area.
(b) Activities
performed in association with the construction of a dam or low dam, such as a
channel modification, the excavation of a stormwater management basin or the
creation of a stormwater collection and discharge system, shall be reviewed in
accordance with the appropriate requirements for those activities under this
chapter. This section applies only to the construction of the dam or low dam
itself.
(c) The
construction of a dam in a regulated area is subject to the requirements of
this chapter only if the dam is part of a stormwater management basin that is
located in a regulated area, or which discharges in a regulated area. Any dam
that is constructed for another purpose is not subject to the requirements of
this chapter, but is subject to the Dam Safety Standards at N.J.A.C. 7:20.
Certain classes of dams require a permit from the Department's Dam Safety
Section, which can be reached at (609) 984-0859 for further information. The
requirements for removing a dam that is subject to this chapter are found at
N.J.A.C. 7:13-11.19.
(d) The
Department shall issue an individual permit to construct a dam or a low dam in
a regulated area only if the following requirements are satisfied:
1. The dam or low dam does not
increase offsite flooding in accordance with N.J.A.C. 7:13-11.1(f);
2. The dam or low dam is not
located in a channel unless the applicant demonstrates that there is no
feasible alternative that would cause less adverse impact to the environment;
and
3. The dam or low dam is not
located in a water with fishery resources, as described at N.J.A.C. 7:13-10.5,
unless the dam or low dam includes a fish ladder or other mechanism that
permits fish to pass the structure in either direction.
(a) This
section sets forth specific design and construction standards that apply to any
flood control project proposed in any regulated area.
(b) The
Department shall issue an individual permit for a flood control project only if
the applicant is a public entity, and the applicant provides a detailed
analysis of the existing flooding problem that is to be mitigated. At minimum,
this analysis shall include the following:
1. The frequency and intensity
of flooding;
2. The number of homes, businesses
and other facilities historically affected by flooding;
3. A cost-benefit analysis for
the proposed flood control project, which includes a comparison of any adverse
environmental impacts that may be caused by the project with the benefits for
flood relief for each investigated alternative;
4. A discussion regarding which
storms the flood control project is designed to mitigate and why these storms
were selected;
5. If the flood control project
is not designed to alleviate flooding for the 100-year flood and/or the flood
hazard area design flood, a demonstration as to why this is not feasible and/or
possible; and
6. All hydrologic and hydraulic
calculations necessary to demonstrate the need for and viability of the
project.
(c) The
Department shall issue an individual permit for a flood control project that
results in disturbance to a channel and/or riparian zone only if the
requirements of (b) above are satisfied and provided the applicant demonstrates
that there is no feasible alternative project located outside the channel and
riparian zone that would satisfactorily reduce flooding. At minimum, this
analysis shall include the following:
1. A demonstration that the
flooding problem cannot feasibly be solved through any of the following:
i. Raising, relocating
and/or removing the flood prone structures;
ii. Replacing, removing or
altering existing water control structures that are contributing to the
flooding, such as dams or inadequately-sized bridges or culverts; and
iii. Improving the hydraulic capacity of
existing water control structures, such as removing accumulated sediment and
debris from bridges and culverts, or eliminating bends, inlets and blockages in
culverts;
2. A demonstration that the
flooding problem cannot feasibly be solved by reducing the volume and/or flow
rate of floodwaters in the channel through either of the following:
i. Constructing regional
stormwater management basins upstream of the flooding; and
ii. Redirecting excess flows into
pipes or artificial channels to bypass the affected areas; and
3. A demonstration that the
following steps have been taken to ensure that the flooding problem will not
reoccur after the flood control project has been constructed:
i. Analysis of local
stormwater management ordinances within the drainage area and modification,
where necessary, or the ordinances to ensure that flows within the channel will
not increase over time; and
ii. Development of a regional
plan to preserve the existing flood storage within the drainage area.
(d) The
Department shall issue an individual permit for the lining or piping of a
channel as part of a flood control project only if the project meets the
requirements at (b) and (c) above, and provided the applicant demonstrates the
following:
1. There is no feasible
alternative project that would satisfactorily reduce the flooding, which would
avoid lining or piping the channel;
2. Lining or piping the channel
is necessary to protect public health, safety and welfare; and
3. Adequate mitigation for all
lost vegetation and aquatic biota will occur.
(a) This
section sets forth specific design and construction standards that apply to any
retaining wall or bulkhead proposed in any regulated area.
(b) The
Department shall issue an individual permit to construct or reconstruct a
retaining wall or bulkhead that is at least four feet in height in a fluvial
flood hazard area only if the following requirements are satisfied:
1. The retaining wall or
bulkhead is designed with stable footings that extend at least 3 feet below
grade, unless the applicant demonstrates that such a footing is not possible to
construct or necessary for stability;
2. The applicant provides a
stability analysis, signed and sealed by an engineer, which demonstrates that
the retaining wall or bulkhead is designed to withstand displacement,
overturning and failure due to undermining and/or pressure from soil, water and
frost; and
3. If located in a channel, the
wall is designed to be resistant to erosion as well as the possibility of a
shifting bed and/or bank over time.
(c) The
Department shall issue an individual permit to construct or reconstruct a
retaining wall or bulkhead that is at least four feet in height in a tidal
flood hazard area only if an engineer certifies that the retaining wall or
bulkhead is designed to withstand displacement, overturning and failure due to
undermining and/or pressure from soil, water and frost.
(d) The
Department shall issue an individual permit to construct or reconstruct a
retaining wall or bulkhead that is less than four feet in height only if the
wall is designed with stable footings and, if located in a channel, the wall is
designed to be resistant to erosion as well as the possibility of a shifting
bed and/or bank over time.
(a) This section sets forth specific
design and construction standards that apply to any bank stabilization or
channel restoration project proposed in any regulated area.
(b) The Department shall issue an
individual permit to restore to a stable condition a bank or channel, which has
become eroded, unstable and/or ecologically degraded, only if the applicant
provides a detailed analysis of the specific problem that is to be corrected. At
minimum, this analysis shall include the following:
1. A
complete description of the existing problem onsite including:
i. A
history of the site and the drainage area, including any previous attempts to
restore the bank or channel; and
ii. The
likely causes of any erosion, instability or ecological degradation;
2. A
demonstration of why the selected stabilization or restoration methods (as
described at (c) below) are the most suitable for the site. At minimum, this
demonstration should include and discuss the following (see Flood Hazard Area
Technical Manual, available from the Department at the address listed at
N.J.A.C. 7:13-1.1(g), for examples):
i. The
location of any headcut in the channel if present. A headcut is a sudden change
in elevation in the stream bed, which usually occurs at the leading edge of a
forming gully, and is indicative of erosive forces that are likely to continue
to wash away the natural channel;
ii. Any
upstream or downstream stressors that may have contributed to and/or exacerbated
any erosion, instability or ecological degradation, which should be addressed
as part of the project;
iii. How
future development in the drainage area could impact the bank and/or channel
and the proposed stabilization and/or restoration;
iv. The
anticipated lifetime of the proposed stabilization or restoration; and
3. A
maintenance and monitoring plan to ensure the success of the proposed
stabilization or restoration, which includes:
i. An
action plan in case of future failure of the project; and
ii. A
plan to reduce the likelihood of future erosion, instability and ecological
degradation onsite.
(c) The Department shall issue an
individual permit to restore to a stable condition a bank or channel, which has
become eroded, unstable and/or ecologically degraded, only if the project is
accomplished as follows:
1. The
project is designed by an individual with experience in fluvial geomorphology
(and soil bioengineering if used on site), as evidenced by documentation
supplied with the individual permit application;
2. Where
possible, a localized eroded bank or destabilized channel is restored solely by
cutting back the bank to a stable slope and planting with vegetation suitable
for stabilization. Generally a slope of no greater than 50 percent (a ratio of
two horizontal to one vertical) is recommended to stabilize an eroded bank;
3. If
cutting the bank and planting vegetation as described in (c)2 above cannot
adequately restore the channel and/or fully prevent erosion due to excessive
channel velocity, or if cutting the bank would destroy vegetation in excess of
that which is allowed at N.J.A.C. 7:13-10.2(i), soil bioengineering is used to
stabilize the eroded bank and/or restore the channel. In designing soil
bioengineering installations, the existing soil characteristics, the bank
and/or channel's physical structure and the hydrologic conditions on site shall
be considered;
4. The
Department shall issue an individual permit for bank stabilization or channel
restoration that is not accomplished solely using vegetation or soil
bioengineering, as described in (c)2 and (c)3 above, respectively, only if the
applicant demonstrates that, given the velocity and configuration of the
adjacent channel and/or other conditions of the site, vegetation and/or soil
bioengineering alone are not adequate to stabilize the bank and/or restore the
channel; and
5. The
Department shall issue an individual permit for the lining or piping of a
channel in order to stabilize erosion only if the applicant demonstrates the
following:
i. There is no feasible
alternative project that would satisfactorily reduce the erosion, which would
avoid lining or piping the channel;
ii. Lining or piping the channel
is necessary to protect public health, safety and welfare; and
iii. Adequate mitigation for all lost
vegetation and aquatic biota will occur.
(d). In
cases where nuisance flooding is a related issue, flood capacity outside the
regulated water shall be increased by terracing the overbank areas where
appropriate, so that the channel is not forced to convey excessive flows (see
the Flood Hazard Area Technical Manual, available from the Department at the
address listed at N.J.A.C. 7:13-1.1(g), for examples).
(a) This
section sets forth specific standards that apply to any proposed sediment and
debris removal from a regulated water.
(b) This section does not apply to the
removal of sediment and/or debris by a county or municipality in accordance
with general permit 1 at N.J.A.C. 7:13-8.3, or the removal of sediment and/or
debris conducted for agricultural purposes in accordance with general permit 2B
at N.J.A.C. 7:13-8.4(c)2. In
addition, the removal of trash and obstructions from a channel are
permitted-by-rule under certain circumstance pursuant to N.J.A.C. 7:13-7.2(a)5
and (d)3.
(c) Except
as provided in (d) below, the Department shall issue an individual permit for
the removal of sediment and debris from a channel only if the following
requirements are satisfied:
1. The applicant demonstrates
the following:
i. That there is a
flooding problem, mosquito control problem or other threat to public health,
safety or welfare that cannot otherwise be remedied without removing the
sediment and/or debris from the water; and
ii. That removing the sediment
and/or debris will remedy the problem identified in (c)1i above;
2. The material to be removed
from the water consists solely of accumulated silt, sediment and debris.
Removal of material beyond or below the natural channel constitutes a channel
modification and is subject to the requirements at N.J.A.C. 7:13-10.1(c);
3. In order to minimize the
downstream transport of sediment during dredging, all areas being dredged are
isolated from flowing water where possible. Means of isolation include erecting
temporary berms or sheet-piles around the areas being dredged and pumping the
normal channel flow around the work area, or, if channel flow is low, by
blocking off sections of the channel being dredged and allowing the sediment to
settle;
4. The applicant properly
disposes of all material removed from the channel. Removed sediment can be
disposed of in a regulated area provided the requirements at (f) below are
satisfied. All removed trash and debris shall be disposed of in accordance with
all applicable Federal, State and local laws outside any flood hazard area or
riparian zone;
5. 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;
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;
9. All access points to the water
are described in writing and with color photographs; and
10. All disturbed areas in the riparian zone
are replanted with indigenous, non-invasive vegetation upon completion of the
project.
(d) The
Department shall issue an individual permit for the removal of sediment and
debris from a channel, which does not meet one or more of the requirements at
(c) above, only if the following requirements are satisfied:
1. The applicant is a public
entity;
2. The project is intended
solely for mosquito control;
3. The applicant demonstrates
that the mosquito control problem cannot be solved by any other feasible
methods;
4. The applicant submits an
individual, site-specific proposal to the Administrator of the State Office of
Mosquito Control Coordination, and said office determines that the project is
necessary to control a documented mosquito problem;
5. The applicant explains in its
public notice that the project does not meet the normal requirements under this
chapter for sediment removal and that the applicant is seeking an exception for
mosquito control purposes;
6. The applicant convenes a
public hearing to discuss the project in cases of significant public interest;
and
7. The applicant demonstrates
that all adverse environmental impacts are minimized.
(e) The
Department shall issue an individual permit for the removal of sediment and
debris from an impounded water, such as a lake, pond or reservoir, only if the
following requirements are satisfied:
1. In order to minimize the
transport of sediment during dredging, all areas being dredged are isolated
from flowing water where possible. Means of isolation include erecting
temporary berms or sheet-piles around the areas being dredged, lowering the
water level if controlled by a dam, plugging the downstream discharge of the
water and pumping the incoming water around the impoundment;
2. The applicant obtains a lake
lowering permit from the Department's Division of Fish and Wildlife, where
necessary;
3. The applicant obtains any
necessary approvals the Department's Dam Safety Section;
4. Machinery access to the water
is restricted in order to minimize disturbance to the riparian zone;
5. The applicant properly
disposes of all material removed from the impounded water. Removed sediment can
be disposed of in a regulated area provided the requirements at (f) below are
satisfied. All removed trash and debris shall be disposed of in accordance with
all applicable Federal, State and local laws outside any flood hazard area or
riparian zone; and
6. If dredging expands the area
or depth of the impounded water beyond its original dimensions, the applicant
demonstrates that such expansion will not adversely affect flooding, any
structure or freshwater wetlands adjacent to the water, the seasonal high water
table or any dam or low dam that may exist.
(f) The
Department shall issue an individual permit to deposit sediment that has been
removed from a regulated water, only if the following requirements are
satisfied:
1. The applicant demonstrates
that the transport of the sediment out of the regulated area is not
economically or physically feasible, and/or would cause greater environmental
damage than depositing the sediment within the regulated area;
2. The sediment is disposed of
in accordance with all applicable Federal, State and local laws;
3. The sediment is deposited at
least 25 feet from any top of bank or edge of water;
4. The placement of the sediment
does not interfere with the positive overland drainage of the receiving area;
5. Sediment deposited in a
floodway is placed no more than three inches deep; and
6. Sediment deposited is placed
on land that lies below both the seasonal high water table and the normal water
surface elevation of the nearest regulated water, unless the applicant
demonstrates that the sediment cannot feasibly be deposited on such land.
(g) The
Department shall issue an individual permit that allows an applicant to
repeatedly remove sediment and debris from a regulated water during the term of
the permit, only if the applicant does the following:
1. Demonstrates that there is no
feasible means of preventing the accumulation of sediment and debris over time,
which would therefore avoid the need for repeated cleanings;
2. Demonstrates that repeated
cleanings are necessary to properly maintain existing bridges or culverts along
the water, and/or to alleviate local flooding;
3. Demonstrates that repeated
cleanings will not adversely impact fishery resources in the water;
4. Agrees to notify the
Department in writing no less than 10 calendar days prior to each proposed
sediment removal activity; and
5. Agrees to submit a report to
the Department within 30 calendar days of the completion of each sediment
removal activity. This report shall include color photographs of the work area
and shall describe how the sediment removal was accomplished, where the dredged
material was deposited and to what extent disturbed vegetation in the riparian
zone was restored.
(a) This
section sets forth specific standards that apply to any proposed storage of
unsecured material in any regulated area.
(b) This
section governs the storage of unsecured material not addressed by the
following:
1. The permits-by-rule at
N.J.A.C. 7:13-7.2(e)1 through 4, which cover the storage of unsecured materials
for construction activities, and for certain ongoing residential and commercial
uses; and
2. The requirements at N.J.A.C.
7:13-11.17 and 11.18, which cover the placement of hazardous substances and
solid waste in a regulated area, respectively, whether secured or unsecured.
(c) The
Department shall not issue an individual permit for the storage of unsecured
material in a floodway.
(d) The
Department shall issue an individual permit for the storage of unsecured
material in a regulated area outside a floodway only if the following
requirements are satisfied:
1. No vegetation is cleared, cut
or removed in a riparian zone;
2. The unsecured material is
stored as part of a business or facility, the primary function of which is to
store and distribute material, such as a bus or truck depot, car dealership or
rental facility, gravel pit, junk yard, landscaping business, lumber yard or
vehicle impoundment area;
3. The applicant demonstrates
that the unsecured material cannot feasibly be stored outside the flood hazard
area and riparian zone onsite;
4. The unsecured material to be
stored is isolated from floodwaters by berms, or will be situated in a
specially designed containment area onsite, so that, in the event of a flood,
the stored material will not be transported off the site by floodwaters;
5. The applicant discloses the
maximum volume of unsecured material that will be stored in the flood fringe
and includes this volume in calculating the maximum flood storage volume
displacement on the site pursuant to N.J.A.C. 7:13-10.4; and
6. The Department determines
that the storage of unsecured material in a flood hazard area and riparian zone
will not pose a threat to the environment or to public health, safety or
welfare.
(a) This
section sets forth specific design and construction standards that apply to any
proposed placement, storage or processing of hazardous substances in any
regulated area.
(b) A
hazardous waste facility established on or before October 2, 2006, may be
eligible to place, store or process hazardous substances under the
permit-by-rule at N.J.A.C. 7:13-7.2(e)5, provided the size or capacity of the
facility is not increased. In addition, the placement of a fuel tank is
permitted-by-rule under certain conditions pursuant to N.J.A.C. 7:13-7.2(b)15
and 16. All other placement, storage or processing of hazardous substances is
subject to this section.
(c) The
Department shall not issue an individual permit for the placement, storage or
processing of hazardous substances in a floodway.
(d) The
Department shall issue an individual permit for the placement, storage or
processing of hazardous substances in a regulated area outside a floodway only
if the following requirements are satisfied:
1. No vegetation is cleared, cut
or removed in a riparian zone;
2. The placement, storage or
processing of hazardous substances is part of an increase in the size or
capacity of a lawfully existing hazardous waste facility established on or
before October 2, 2006. The
individual permit application shall include copies of all relevant State
permits, licenses and authorizations in order to demonstrate that the facility
is operating lawfully;
3. The applicant demonstrates that
the hazardous substances cannot feasibly be placed, stored or processed outside
the flood hazard area and riparian zone onsite;
4. The hazardous substances to
be placed, stored or processed is isolated from floodwaters by berms, or will
be situated in a specially designed containment area onsite, so that in the
event of a flood, the hazardous substances will not be transported off the site
by floodwaters;
5. The applicant discloses the
maximum volume of hazardous substances to be placed, stored or processed in the
flood fringe and includes this volume in calculating the maximum flood storage
displacement volume on the site pursuant to N.J.A.C. 7:13-10.4; and
6. The Department determines
that the placement, storage or processing of hazardous substances in the flood
hazard area and riparian zone will not pose a threat to the environment or to
public health, safety or welfare.
(a) This
section sets forth specific standards that apply to any proposed placement,
storage or processing of solid waste in any regulated area.
(b) A
solid waste facility established on or before October 2, 2006, may be eligible
to continue to place, store or process solid waste under the permit-by-rule at
N.J.A.C. 7:13-7.2(e)6, provided the size or capacity of the facility is not
increased. All other placement storage or processing of solid waste is subject
to this section.
(c) The
Department shall not issue an individual permit for the placement, storage or
processing of solid waste in a floodway.
(d) The
Department shall issue an individual permit for the placement, storage or
processing of solid waste in a regulated area outside a floodway only if the
following requirements are satisfied:
1. No vegetation is cleared, cut
or removed in a riparian zone;
2. The placement, storage or
processing of solid waste is part of an increase in the size or capacity of a
lawfully existing solid waste facility established on or before October 2,
2006. The individual permit application shall include copies of all relevant
State permits, licenses and authorizations in order to demonstrate that the
facility is operating lawfully;
3. The applicant demonstrates
that the solid waste cannot feasibly be placed, stored or processed outside the
flood hazard area and riparian zone onsite;
4. The solid waste to be placed,
stored or processed is isolated from floodwaters by berms, or will be situated
in a specially designed containment area onsite, so that in the event of a
flood, the solid waste will not be transported off the site by floodwaters;
5. The applicant discloses the
maximum volume of solid waste to be placed, stored or processed in the flood
fringe for the purpose of calculating the maximum flood storage displacement on
the site pursuant to N.J.A.C. 7:13-10.4; and
6. The Department determines
that the placement, storage or processing of solid waste in the flood hazard
area and riparian zone will not pose a threat to the environment or to public
health, safety or welfare.
(a) This
section sets forth specific standards that apply to any proposed removal of
existing fill or an existing structure in any regulated area.
(b) The
removal of existing fill or an existing structure is subject to the
requirements of this section only as follows:
1. The fill or structure to be
removed lies in a floodway; or
2. The fill or structure to be
removed lies in a regulated area outside a floodway, but does not qualify for
the permit-by-rule at N.J.A.C. 7:13-7.2(b)2.
(c) The
Department shall issue an individual permit for the removal of existing fill or
an existing structure as described in (b) above only if the following
requirements are satisfied:
1. All disturbed regulated areas
are properly stabilized;
2. If the removed fill or
structure lies in a floodway, the applicant demonstrates through a hydraulic
analysis that the removal will not adversely impact a property not owned by the
applicant, pursuant to N.J.A.C. 7:13-11.1(f) and (g), unless it is clear to the
Department that the proposed removal poses no threat to offsite properties;
3. Any removed fill is disposed
of in accordance with all applicable Federal, State and local laws;
4. Any removed structure is disposed
of outside of any regulated area and in accordance with all applicable Federal,
State and local laws; and
5. No vegetation is cleared, cut
or removed in a riparian zone, unless the following apply:
i. Vegetation in the
riparian zone must be cleared, cut or removed in order to access the fill or
structure;
ii. The area of disturbance
within the riparian zone is minimized; and
iii. All vegetation cleared, cut or
removed in the riparian zone is replanted with indigenous, non-invasive
species, except where the removed material is to be replaced by a new
structure. (Any replacement fill or structure is subject to the requirements of
this chapter.)