N.J. Admin. Code § 7:13-2.3

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

Section 7:13-2.3 - Regulated areas

(a) For each regulated water, as described at N.J.A.C. 7:13-2.2, the Department identifies and regulates the water and the area surrounding it in two different ways, resulting in the regulated areas described at (b) and (c) below.

(b) A flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. If a regulated water has a drainage area of less than 50 acres, the water does not possess a flood hazard area that is regulated under this chapter.

1. The flood hazard area is comprised of a flood fringe and a floodway, except for the Atlantic Ocean and other non-linear tidal waters such as bays and inlets, which do not have a floodway. Therefore, the entire flood hazard area along these tidal waters is considered to be a flood fringe for the purposes of this chapter.

2. The methods for determining the limits of the flood fringe and floodway are described at N.J.A.C. 7:13-3.

(c) A riparian zone exists along both sides of every regulated water and includes the regulated water itself, except as provided in (c)1 below.

1. There is no riparian zone within or along the following:

i. The Atlantic Ocean;

ii. New Jersey's barrier island complex;

iii. Any lawfully existing manmade lagoon;

iv. Any lawfully existing stormwater management basin or wastewater treatment pond;

v. Any segment of a regulated water enclosed within a lawfully existing pipe, culvert, or bridge; and

vi. Any lawfully existing, manmade open channel that was created to convey stormwater, provided the channel is fully lined with manmade impervious material, such as a concrete low-flow channel within a stormwater basin or a ditch completely lined with concrete or asphalt.

2. The extent of a riparian zone is determined in accordance with N.J.A.C. 7:13-4.

(d) The flood hazard area and riparian zone described at (b) and (c) above generally overlap. Figures 2.3A and 2.3B below (not drawn to scale) illustrate a typical regulated water, flood hazard area, and riparian zone. This chapter sets forth the specific requirements applicable to activities in each of these regulated areas.

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N.J. Admin. Code § 7:13-2.3

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

The adopted version of this Section by 53 N.J.R. 514(b), effective 4/5/2021 is not yet available.