7:13-13.2 Revision of a general permit
7:13-13.3 Revision of an individual permit
7:13-13.4 Revision of a Department delineation by application
7:13-13.5 Revision or suspension of a Department delineation
by the Department
(a) This
section applies to the revision of a flood hazard area design flood elevation,
flood hazard area limit, floodway limit, riparian zone limit and/or other related
feature on an approved drawing after a verification has been issued. A
verification must be valid in order to be revised. A revision shall not extend
the term of a verification.
(b) The
Department shall, in response to an applicant's request, revise an entire
verification or any portion of a verification, provided the requirements of
this section are satisfied.
(c) There
are two types of verification revisions, as follows:
1. A minor revision of a
verification is a change in the flood hazard area design flood elevation, flood
hazard area limit, floodway limit, riparian zone limit and/or other related
feature, which does not require the Department to review detailed engineering
calculations in order to determine that the revision is accurate. Any type of
verification under N.J.A.C. 7:13-6 can be the subject of a minor revision.
Examples of a minor revision include the following, provided no review of
calculations is required:
i. Correcting a drafting
error;
ii. Improving topographical data;
iii. Revising a previously approved
riparian zone limit or metes and bounds description of the flood hazard area
limit and/or floodway limit to more closely match their actual location;
iv. Deletion or addition of structures
that were previously unmapped or mapped in error (unless said structure would
alter the original hydraulic modeling); and
v. Adding notes, labels or other
clarifying information required by the Department or another governing body;
and
2. A major revision of a
verification is a change in the flood hazard area design flood elevation, flood
hazard area limit, floodway limit and/or other related feature, which requires
the Department to review detailed engineering calculations in order to
determine that the revision is accurate. Only a verification based on Method 4
(pursuant to N.J.A.C. 7:13-3.4) or Method 6 (pursuant to N.J.A.C. 7:13-3.6) can
be the subject of a major revision. Examples of a major revision include:
i. Correcting the floodway
limit;
ii. Improving the hydrologic
modeling upon which the verification is based, resulting in a new peak flow
rate; and
iii. Improving the hydraulic modeling
upon which the verification is based, such as adding cross-sections, revising,
improving or correcting topography, or altering data for a water control structure,
resulting in a new water surface profile.
(d) The
Department shall not revise a verification if the Department determines that
the proposed revision constitutes a substantial change in the approved flood
hazard area design flood elevation, flood hazard area limit and/or floodway
limit. In such a case, the applicant shall submit an application for a new
verification and the Department shall review the proposed redelineation as if
it were a new project. Examples of a substantial change include:
1. The redelineation of all or
most of the verified flood hazard area and/or floodway limit based on new
hydrologic and hydraulic calculations; and
2. The addition of any
previously unverified sections of a regulated water as described in (e) below.
(e) The
Department shall revise a verification only for the section of water approved
under the verification that the applicant seeks to revise. The Department shall
not issue a revision that adds a new section of water to the verification.
(f) An
application for a minor revision of a verification shall include the following:
1. The application fee required
under N.J.A.C. 7:13-17;
2. One LURP application form
completed as described at N.J.A.C. 7:13-15.1(f);
3. One copy of the verification
that is the subject of the revision application;
4. One set of the originally
approved drawings (if available);
5. A detailed written
description of the proposed revisions to the flood hazard area design flood
elevation, flood hazard area limit, floodway limit, riparian zone limit and/or
other related feature; and
6. Six sets of revised drawings,
signed and sealed by a engineer, land surveyor or architect, as appropriate,
prepared in accordance with the application requirements for a verification at
N.J.A.C. 7:13-6.1(c). For each revised flood hazard area design flood
elevation, flood hazard area limit, floodway limit, riparian zone limit and/or
other related feature, the applicant shall submit both the originally approved
drawings showing the approved elevation, limits and/or features and new
drawings showing the revised elevation, limits and/or features.
(g) An
application for a major revision of a verification shall include the following:
1. All material listed in (f)
above;
2. All supporting hydrologic and
hydraulic calculations, which are necessary to demonstrate that the proposed
revision meets the requirements of this chapter;
3. A narrative that explains the
submitted calculations and describes why each particular calculation or
methodology was used; and
4. All maps, references and other
supporting materials that were used to prepare the submitted calculations.
(h) After
reviewing an application for a revision of a verification, the Department
shall:
1. Notify the applicant that the
application did not include all the material required at (f) or (g) above, or
that supplemental information is needed to determine if the application
complies with this chapter, and request the missing information. The Department
may cancel the application if the requested information is not provided within
60 calendar days. When the requested material is received, the Department shall
take one of the actions in (h)2 or 3 below;
2. Notify the applicant in
writing that the application does not meet the requirements of this section,
deny the application, and provide the technical reasons for this decision; or
3. Determine that the
application meets the requirements of this section and approve the revision in
writing.
(i) Workload
permitting, the Department shall make a final decision on an application for a
revision of a verification within 60 calendar days of receiving a complete
application.
(j) Within
90 calendar days after the Department revises a verification on a privately
owned lot, or on a publicly owned lot other than a right-of-way, the applicant
shall submit the following information to the clerk of each county in which the
site is located, and shall send proof to the Department that this information
is recorded on the deed of each lot referenced in the verification. Failure to
have this information recorded in the deed of each lot and/or to submit proof
of recording to the Department constitutes a violation of this chapter and may
result in suspension or termination of the verification and/or subject the
applicant to enforcement action under N.J.A.C. 7:13-19:
1. The Department file number
for the verification;
2. The approval and expiration
dates of the verification;
3. A metes and bounds
description of each flood hazard area limit and/or floodway limit approved
under the verification;
4. The flood hazard area design
flood elevation, or range of elevations if variable, approved under the
verification; and
5. The following statement:
"The State of New Jersey has determined that all or a portion of this lot
lies in a flood hazard area. Certain activities in flood hazard areas are
regulated by the New Jersey Department of Environmental Protection and some
activities may be prohibited on this site or may first require a permit.
Contact the Division of Land Use Regulation at (609) 292-0060 for more
information prior to any construction onsite."
(a) This
section applies to proposed changes to a regulated activity after the
Department issues a general permit. A general permit must be valid in order to
be revised. A revision shall not extend the term of a general permit.
(b) The
Department shall only issue a minor revision to a general permit. A minor
revision is a change in a project element that does not require the Department
to review detailed engineering calculations in order to determine whether the
revised project element complies with this chapter, whereas a major revision
involves the review of calculations, which does not apply to general permits
under this chapter. Examples of a minor revision include the following,
provided no review of calculations is required:
1. Correcting a drafting error;
2. Improving topographical data;
3. Adding notes, labels or other
clarifying information required by the Department or another governing body;
4. Adjusting the size, shape or location
of a proposed structure or activity; and/or
5. Reducing the level of
proposed development on site, such as deleting a proposed structure or
activity, or reducing its footprint.
(c) The
Department shall not issue a revision of a general permit if the Department
determines that the proposed revision constitutes a substantial redesign of the
project or will increase the environmental impact of the project. In such a
case, the applicant shall submit an application for a new general permit and
the Department shall review the proposed redesign as if it were a new project.
Examples of a substantial redesign include:
1. Any change to the basic
purpose or scope of a project;
2. Any increase in the amount of
disturbance within the riparian zone; and
3. The addition of any
previously unapproved project element.
(d) An
application for a revision of a general permit shall include the following:
1. The application fee required
under N.J.A.C. 7:13-17;
2. One LURP application form
completed as described at N.J.A.C. 7:13-15.1(f);
3. One copy of the general
permit that is the subject of the revision application;
4. One set of the originally
approved drawings (if available);
5. 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 N.J.A.C. 7:13-8.1(b), as
well as each requirement for the particular general permit being modified. The
certification shall explain, as necessary, how each requirement for the
particular general permit is met, as well as any changes that are being
proposed to the project which necessitates the request to revise the general
permit; and
6. Six sets of drawings, signed
and sealed by an engineer, land surveyor or architect, as appropriate, which
detail the proposed activities and show the project elements to be revised,
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.
(e) After
reviewing an application for a revision of a general permit, the Department
shall:
1. Notify the applicant that the
application did not include all the material required at (d) above, or that
supplemental information is needed to determine if the application complies
with this chapter, and request the missing information. The Department may
cancel the application if the requested information is not provided within 60
calendar days. When the requested material is received, the Department shall
take one of the actions in (e)2 or 3 below;
2. Notify the applicant in
writing that the application does not meet the requirements of this section,
deny the application, and provide the technical reasons for this decision; or
3. Determine that the
application meets the requirements of this section and approve the revision in
writing.
(f) Workload
permitting, the Department shall make a final decision on an application for a
revision of a general permit authorization within 30 calendar days of receiving
a complete application.
(a) This
section applies to proposed changes to a regulated activity after the
Department issues an individual permit. An individual permit must be valid in
order to be revised. A revision shall not extend the term of an individual
permit.
(b) The
Department shall, in response to an applicant's request, revise an entire
individual permit or any project element approved under an individual permit,
provided the requirements of this section are satisfied.
(c) There
are two types of individual permit revisions, as follows:
1. A minor revision of an
individual permit is a change in a project element that does not require the
Department to review detailed engineering calculations in order to determine
whether the revised project element complies with this chapter. Examples of a
minor revision include the following, provided no review of calculations is
required:
i. Correcting a drafting
error;
ii. Improving topographical data;
iii. Adding notes, labels or other
clarifying information required by the Department or another governing body;
iv. Adjusting the size, shape or
location of a proposed structure or activity; and
v. Reducing the level of
proposed development on site, such as deleting a proposed structure or
activity, or reducing its footprint.
2. A major revision of an
individual permit is a change in a project element that requires the Department
to review detailed engineering calculations in order to determine whether the
revised project element complies with this chapter. A project element that does
not require calculations in order to receive an individual permit, such as a
footbridge or utility line, instead qualifies for a minor revision under (c)1
above. Examples of a major revision include the following:
i. Adjusting the proposed
flood storage displacement volume on site, thereby requiring re-review of cut
and fill calculations;
ii. Adjusting the size, shape or
location of a proposed water control structure, thereby requiring a re-review
of hydraulic calculations; and
iii. Adjusting a characteristic of a
proposed stormwater management system, thereby requiring a re-review of
hydrologic and/or hydraulic calculations.
(d) The
Department shall not issue a revision of an individual permit if the Department
determines that the proposed revision constitutes a substantial redesign of the
project or will increase the environmental impact of the project. In such a
case, the applicant shall submit an application for a new individual permit and
the Department shall review the proposed redesign as if it were a new project.
Examples of a substantial redesign include:
1. Any change to the basic
purpose or scope of a project, such as a change from the construction of a
hospital to the construction of an apartment complex;
2. Any expansion of activity
beyond that which was described in the public notice made for the individual
permit application;
3. Any substantial redesign of
the project or its stormwater management system, which would require a new
hydrologic analysis of the site;
4. Any increase in the amount of
disturbance within the riparian zone; and
5. The addition of any
previously unapproved project element.
(e) An
application for a minor revision of an individual permit shall include the
following:
1. The application fee required
under N.J.A.C. 7:13-17;
2. One LURP application form
completed as described at N.J.A.C. 7:13-15.1(f);
3. One copy of the individual
permit that is the subject of the revision application;
4. One set of the originally
approved drawings (if available);
5. A detailed written description
of the proposed revisions; and
6. Six sets of drawings, signed
and sealed by an engineer, land surveyor or architect, as appropriate, which
detail the proposed activities and show the project elements to be revised,
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.
(f) An
application for a major revision of an individual permit shall include the
following:
1. All material listed in (e)
above;
2. All supporting hydrologic,
hydraulic, flood storage volume, stormwater and structural calculations, which
are necessary to demonstrate that the proposed project meets the requirements
of this chapter;
3. A narrative that explains the
submitted calculations and describes why each particular calculation or
methodology was used; and
4. All maps, references and
other supporting materials that were used to prepare the submitted
calculations.
(g) After
reviewing an application for a revision of an individual permit, the Department
shall:
1. Notify the applicant that the
application did not include all the material required at (e) or (f) above, or
that supplemental information is needed to determine if the application
complies with this chapter, and request the missing information. The Department
may cancel the application if the requested information is not provided within
60 calendar days. When the requested material is received, the Department shall
take one of the actions in (g)2 or 3 below;
2. Notify the applicant in
writing that the application does not meet the requirements of this section,
deny the application, and provide the technical reasons for this decision; or
3. Determine that the
application meets the requirements of this section and approve the revision in
writing.
(h) Workload
permitting, the Department shall make a final decision on an application for a
revision of an individual permit within 60 calendar days of receiving a
complete application.
(a) This
section applies to the revision of a flood hazard area design flood elevation,
flood hazard area limit, floodway limit and/or other related feature on a flood
hazard area delineation that has been promulgated by the Department. Appendix 2
of this chapter lists the Department delineated waters of New Jersey.
(b) There
are two types of delineation revisions, as follows:
1. A minor revision of a
delineation is a change in the flood hazard area design flood elevation, flood
hazard area limit, floodway limit and/or other related feature, which does not
require the Department to review detailed engineering calculations in order to
determine that the revision is accurate. Examples of a minor revision include
the following, provided no review of calculations is required:
i. Correcting a drafting
error;
ii. Improving topographical data;
iii. Deletion or addition of structures
that were previously unmapped or mapped in error (unless said structure would
alter the original hydraulic modeling); and
iv. Adding notes, labels or other clarifying
information required by the Department or another governing body; and
2. A major revision of a
delineation is a change in the flood hazard area design flood elevation, flood
hazard area limit, floodway limit and/or other related feature, which requires
the Department to review detailed engineering calculations in order to
determine that the revision is accurate. Examples of a major revision include:
i. Correcting the floodway
limit;
ii. Improving the hydrologic
modeling upon which the delineation is based, resulting in a new peak flow
rate; and
iii. Improving the hydraulic modeling
upon which the delineation is based, such as adding cross-sections, revising,
improving or correcting topography, or altering data for a water control
structure, resulting in a new water surface profile.
(c) The
Department shall issue a revision of a delineation only for a section of water
already promulgated by the Department. The Department shall not add or remove a
section of delineated water from Appendix 2 under this section.
(d) An
application for a minor revision of a Department delineation shall include the
following:
1. The application fee required
under N.J.A.C. 7:13-17;
2. One LURP application form
completed as described at N.J.A.C. 7:13-15.1(f);
3. One copy of the Department
delineation that is the subject of the revision application;
4. A detailed written
description of the proposed revisions to the flood hazard area design flood
elevation, flood hazard area limit, floodway limit and/or other related
feature; and
5. Three copies of revised
drawings, signed and sealed by a engineer or land surveyor, as appropriate,
depicting the existing and the revised flood hazard area design flood
elevations, flood hazard area limits, floodway limits and/or other related
features. These drawings shall be of the same scale as the Department
delineation that is the subject of the revision, unless otherwise requested by
the Department.
(e) After
reviewing an application for a minor delineation revision, the Department
shall:
1. Notify the applicant that the
application did not include all the material required at (d) above, or that
supplemental information is needed to determine if the application complies
with this chapter, and request the missing information. The Department may cancel
the application if the requested information is not provided within 60 calendar
days. When the requested material is received, the Department shall take one of
the actions in (e)2 or 3 below;
2. Notify the applicant in
writing that the application does not meet the requirements of this chapter,
deny the application, and provide the technical reasons for this decision; or
3. Determine that the revision
is accurate and necessary, in which case the Department shall revise the
delineation as necessary and provide the applicant and the affected
municipalities with a copy of the revised flood hazard area and/or floodway
maps.
(f) Workload
permitting, the Department shall make a final decision on an application for a
minor delineation revision within 60 calendar days of receiving a complete
application.
(g) An
application for a major revision of a Department delineation shall include the
following:
1. All material listed in (d)
above;
2. All supporting hydrologic and
hydraulic calculations, which are necessary to demonstrate that the proposed
revision meets the requirements of this chapter. The Flood Hazard Area
Technical Manual, available from the Department at the address listed at
N.J.A.C. 7:13-1.1(g), provides guidance in how to perform the calculations
required for various delineation revisions;
3. A narrative that explains the
submitted calculations and describes why each particular calculation or
methodology was used; and
4. All maps, references and
other supporting materials that were used to prepare the submitted
calculations.
(h) After
reviewing an application for a major delineation revision, the Department
shall:
1. Notify the applicant that the
application did not include all the material required at (g) above, or that
supplemental information is needed to determine if the application complies
with this chapter, and request the missing information. The Department may
cancel the application if the requested information is not provided within 60
calendar days. When the requested material is received, the Department shall
take one of the actions in (h)2 or 3 below;
2. Notify the applicant that the
application does not meet the requirements of this section, deny the
application, and provide the technical reasons for this decision; or
3. Determine that the revision
is accurate and necessary and proceed with the revision according to (i) below.
(i) If
the Department determines that a major delineation revision is accurate and
necessary, the Department shall proceed with the revision as follows:
1. The Department shall publish
notice of its intent to revise the delineation in the New Jersey Register, as
well as in the official newspaper of each affected municipality (or in a
newspaper of general circulation in each affected municipality if there is no
official newspaper) and in one newspaper of regional circulation (relative to
the location of the project). This notice shall include:
i. The location of the
delineation to be revised;
ii. The reason the Department
intends to revise the delineation;
iii. An invitation for interested
parties to submit written comments and to attend a public hearing to be held in
one or more of the affected municipalities; and
iv. The mailing address and telephone
number of a contact person within the Department who is able to discuss the
proposed revision.
2. During the public hearing,
the Department shall:
i. Explain the proposed
revision, including any impacts the Department expects from revising the
delineation; and
ii. Collect public comments.
3. Upon consideration of the
available information and public comments, if the Department concludes that
revising the delineation is in the best interest of public health, safety and
welfare, the Department shall:
i. Revise the delineation
as the Department deems necessary;
ii. Publish a description of the
revision in the New Jersey Register, including a response to any public
comments;
iii. Publish a public notice describing
the revision in the official newspaper of each affected municipality (or in a
newspaper of general circulation in each affected municipality if there is no
official newspaper) as well as in one newspaper of regional circulation
(relative to the location of the project); and
iv. Provide the applicant and affected
municipalities with a copy of the revised flood hazard area and/or floodway map
(except in cases where the Department initiates the revision pursuant to
N.J.A.C. 7:13-13.5).
(j) Workload
permitting, the Department shall make a final decision on an application for a
major delineation revision within 180 calendar days of receiving a complete
application.
(a) If
the Department determines, independent of an application pursuant to N.J.A.C.
7:13-13.4, that an existing Department delineation as listed in Appendix 2
underestimates the extent of the floodway and/or flood hazard area, and that it
is in the best interest of public health, safety and welfare to revise a
delineation, the Department shall do one of the following:
1. If the Department has sufficient
topographic, hydrologic and hydraulic data to adequately revise the
delineation, the Department shall initiate a revision as follows:
i. For a minor delineation
revision as described at N.J.A.C. 7:13-13.4(b)1, the Department shall revise
the delineation as necessary; or
ii. For a major delineation
revision as described at N.J.A.C. 7:13-13.4(b)2, the Department shall follow
the procedure described at N.J.A.C. 7:13-13.4(i); or
2. If the Department does not
have sufficient topographic, hydrologic and hydraulic data to adequately revise
the delineation, or if the Department determines that a serious threat to
public health, safety and welfare will exist if an existing delineation is
allowed to remain in place, the Department shall initiate an emergency
suspension of the delineation for a one-year period pursuant to (b) below. The
purpose of this suspension is to allow the Department adequate time to acquire
data necessary to accurately revise the delineation.
(b) To
initiate an emergency one-year suspension of a delineation as described in (a)2
above, the Department shall:
1. Publish notice of its intent
to suspend the delineation in the New Jersey Register, as well as in the
official newspaper of each affected municipality (or in a newspaper of general circulation
in each affected municipality if there is no official newspaper) and in one
newspaper of regional circulation (relative to the location of the project).
This notice shall include:
i. The location of the
delineation to be suspended;
ii. The reason the Department is
suspending the delineation;
iii. An invitation for interested
parties to submit written comments regarding the suspension and subsequent need
for amendment of the suspended delineation; and
iv. The mailing address and telephone
number of a contact person within the Department who is able to discuss the
suspension.
2. The Department shall consider
the portion of the delineation described in the notice to be suspended for a
one-year period beginning with the publication date of the notice in the New
Jersey Register.
3. The Department shall, within
one year of the suspension date:
i. Revise the delineation
in accordance with (a)1 above;
ii. Reinstate the delineation
without revision, and explain why the delineation was found to be acceptable
after suspension; or
iii. Take no action, in which case the
delineation shall be automatically reinstated.
(c) During
the suspended period described in (b)2 above, any application made under this
chapter shall not reference the flood hazard area and/or floodway of the
suspended delineation. Applicants must instead rely on another delineation
method to determine the extent of the flood hazard area and/or floodway as
provided at N.J.A.C. 7:13-3. Furthermore,
the Department shall review all valid verifications, general permits and
individual permits issued for the flood hazard area of the suspended
delineation and will suspend or terminate such approvals where necessary to
protect public safety, in accordance with N.J.A.C. 7:13-14.
(d) The
Department shall issue a revision of a delineation only for a section of water
already promulgated by the Department. The Department shall add or remove a
section of delineated water from Appendix 2 only through an amendment to this
chapter.
(e) If
the Department approves an individual permit under this chapter for an activity
which alters the flood hazard area design flood elevation, flood hazard area
limit and/or floodway limit along a Department delineated water, such as the
construction of a flood control project, or the construction, modification or
removal of a bridge or culvert, the Department shall automatically revise the
delineation as necessary after the construction is completed. No public notice
or hearing is necessary to revise a Department delineation in such a case.