SUBCHAPTER 13. REVISION OF AN APPROVAL

7:13-13.1 Revision of a verification
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

7:13-13.1 Revision of a verification

(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."

 

7:13-13.2 Revision of a general permit

(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.

 

7:13-13.3 Revision of an individual permit

(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.

 

7:13-13.4 Revision of a Department delineation by 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.

 

7:13-13.5 Revision or suspension of a Department delineation by the Department

(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.