NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
LAND USE REGULATION PROGRAM

Notice of Rule Proposal
Flood Hazard Area Control rules, N.J.A.C. 7:13

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing to readopt the Flood Hazard Area Control rules without amendments. A statement of the substance of the proposal follows:

The Flood Hazard Area Control rules implement the New Jersey Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., through which the Department executes the directive to "adopt land use regulations for the flood hazard area, to control stream encroachments, to coordinate effectively the development, dissemination, and use of information on floods and flood damages that may be available." The Department’s experience in administering these rules, as well as the recent flood events in the State, have demonstrated the need to analyze the current rules to determine appropriate amendments. The Department is therefore considering amending various provisions to better protect public health and property and anticipates proposing amendments reflecting this analysis and the public outreach that has been conducted in recent years. Given the large number of changes that are necessary to address the issues that have been identified, the Department is unable to finalize a proposal to repeal the existing chapter and replace it with new rules prior to its current expiration date. Accordingly, the Department is proposing to readopt the existing chapter without amendments in order to prevent it from expiring. The Department anticipates filing a proposal within the next 12 months to repeal and repromulgate the chapter to reflect the changes determined to be necessary as described above.

The proposal is scheduled to be published in the New Jersey Register dated August 1, 2005. The proposal can be viewed or downloaded at www.nj.gov/dep/rules/proposals/20050801cnjac7_13.pdf. A copy of the proposal is also available by e-mailing the Department at lur-web@dep.state.nj.us or by calling the Department at (609) 984-3444. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

A public hearing concerning the proposal is scheduled as follows:

Wednesday, August 17, 2005
1:00 P.M.
DEP Public Hearing Room
401 East State Street
Trenton, New Jersey

Written comments may be submitted by September 30, 2005, to:

NJ Department of Environmental Protection
Gary Brower, Esq.
ATTN: DEP Docket No. 21-05-06/523
Office of Legal Affairs
P.O. Box 402
Trenton, NJ 08625