N.J. Admin. Code § 7:13-2.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:13-2.1 - When a permit or authorization is required

(a) No person shall engage in a regulated activity in a regulated area without a flood hazard area permit as required by this chapter, or a coastal permit as required by N.J.A.C. 7:7, as set forth at (b) and (c) below. Initiation of a regulated activity in a regulated area without a flood hazard area permit or a coastal permit as set forth at (b) below (except as provided at (c) below) shall be considered a violation of this chapter and shall subject the party or parties responsible for the regulated activity to enforcement action, as set forth at N.J.A.C. 7:13-24. Regulated areas are set forth at N.J.A.C. 7:13-2.3 and regulated activities are set forth at N.J.A.C. 7:13-2.4.

(b) Except as provided in (c) or (e) below, a person undertaking any regulated activity in a regulated area shall do so only in accordance with one of the following:

1. A permit-by-rule, pursuant to N.J.A.C. 7:13-6 and 7;

2. An authorization under a general permit-by-certification, pursuant to N.J.A.C. 7:13-6 and 8;

3. An authorization under a general permit, pursuant to N.J.A.C. 7:13-6 and 9;

4. An individual permit, pursuant to N.J.A.C. 7:13-10, 11, and 12;

5. An emergency authorization, pursuant to N.J.A.C. 7:13-16; or

6. A coastal permit, pursuant to N.J.A.C. 7:7 , provided:

i. The application for the coastal permit was declared by the Department as complete for final review on or after November 5, 2007; and

ii. If activities are proposed in a fluvial flood hazard area, the applicant meets one of the four conditions at N.J.A.C. 7:13-5.5(a) regarding the need for a verification of the flood hazard area and/or floodway onsite.

(c) Undertaking a regulated activity in a regulated area does not require an approval listed at (b) above in the cases listed at (c)1, 2, 3, or 4 below. For the purpose of this subsection, each distinct construction activity in a project, such as each building, road, or utility crossing, is considered a distinct regulated activity.

1. The regulated activity is part of a project for which all elements that were subject to the Flood Hazard Area Control rules in effect prior to July 17, 2023 , have been approved under a permit issued pursuant to those rules, provided:

i. The regulated activity is specifically approved under the permit, or was not subject to the requirements of this chapter prior to July 17, 2023;

ii. The application for the permit was received by the Department and was complete for review prior to July 17, 2023; and

iii. The permit is valid when the regulated activity is undertaken;

2. The regulated activity is part of a project for which all elements in a tidal flood hazard area that were subject to N.J.A.C. 7:7 and 7:7E in effect prior to November 5, 2007 have been approved under a valid CAFRA or waterfront development permit, provided:

i. The regulated activity is specifically approved under the permit, or was not subject to the requirements of N.J.A.C. 7:7 and 7:7E prior to November 5, 2007;

ii. The application for the permit was received by the Department and was declared complete for final review prior to November 5, 2007; and

iii. The permit is valid when the regulated activity is undertaken;

3. The regulated activity is part of a project that was subject to neither the requirements of this chapter, nor N.J.A.C. 7:7, prior to November 5, 2007, and both of the following apply:

i. The regulated activity is located within the Meadowlands District; and

ii. The regulated activity is authorized under a valid zoning certificate issued by the New Jersey Meadowlands Commission (predecessor to the New Jersey Sports and Exposition Authority) prior to November 5, 2007, pursuant to N.J.A.C. 19:4-4.2; or

4. The regulated activity is part of a project that was subject to neither the requirements of this chapter, nor N.J.A.C. 7:7, prior to July 17, 2023, and one of the following applies:

i. The regulated activity is authorized under one or more of the following approvals pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), prior to July 17, 2023:

(1) Preliminary or final site plan approval;

(2) Final municipal building or construction permit;

(3) Minor subdivision approval where no subsequent site plan approval is required;

(4) Final subdivision approval where no subsequent site plan approval is required; or

(5) Preliminary subdivision approval where no subsequent site plan approval is required; or

ii. The regulated activity does not require an approval identified at (c)4i above, and has commenced prior to July 17, 2023.

(1) For the purpose of this subparagraph, commencement of regulated activities means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, the placement of subsurface improvements for a roadway, the installation of all of the bedding materials for a utility line, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling.

(2) All of the subsurface improvements for a roadway; or

(3) The installation of all of the bedding materials for a utility line.

(d) If a regulated activity is approved under a qualifying approval listed at (c) above, and the regulated activity is subsequently revised, the original approval continues to satisfy the requirements of (c) above provided the Department determines that the revision will not result in one or more of the following:

1. An increase in the area of vegetation disturbed in a riparian zone;

2. An increase in flood storage displacement in a flood hazard area;

3. For regulated activities under a qualifying approval under (c)1 or 2 above, additional regulated activities within a regulated area that have not been previously reviewed by the Department under N.J.A.C. 7:7 and/or this chapter, as applicable; or

4. A change in land use and/or an alteration of the basic purpose and intent of the project, such as converting a residential development into a commercial development.

(e) If railroad activities proposed in a flood hazard area or riparian zone are exempt from State regulation under Federal law, no permit shall be required under this chapter for that activity. However, the railroad shall provide the Department with the application material normally required for the proposed activity at least 90 calendar days prior to the railroad commencing the activity. For emergency activities, the information described at N.J.A.C. 7:13-16.2(a) shall be provided to the Department via telephone and/or fax as soon as possible after the emergency is discovered, and in no event later than the day the activity is authorized or commences, whichever occurs first. Contact information for the Department is set forth at 7:13-1.3 .

N.J. Admin. Code § 7:13-2.1

Amended by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 49 N.J.R. 3849(a), effective 12/18/2017

Amended by 53 N.J.R. 514(b), effective 4/5/2021

Amended by 55 N.J.R. 1385(b), effective 7/17/2023