N.J. Admin. Code § 7:20-1.4

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

Section 7:20-1.4 - General requirements and prohibitions

(a) No person may construct or operate a new dam or modify or repair an existing dam without first having obtained a permit from the Department, unless subject to the permit-by-rule provision in 7:20-1.3. Where emergency circumstances justify, repairs of a dam may be undertaken prior to obtaining a permit, in accordance with (i) below.

(b) No dam may be approved by the Department where, in the opinion of the Department, there is an unacceptable potential for harm to human health or to human safety.

(c) Backwater created by a dam during a 100-year storm shall be the minimum which is contained within the applicant's property unless written consent is obtained from all potentially affected property owners. Effects on both surface and ground water shall be considered, during normal pool conditions.

(d) No person may construct a dam in any waterway of this State which is a runway for migratory fish, without installing a fish ladder or other approved structure to permit the fish to pass the dam in either direction (see 23:5-29.1 ).

1. This provision is applicable to dams of any size.

2. The Department will determine whether a stream is currently a runway for migratory fish, during the review of the dam permit application. Applicants should consult the Division of Fish and Wildlife in this matter prior to finalizing the application.

(e) Unless otherwise approved by the Department, dam construction shall commence within one year from the date of the permit and be completed within two years from the said date or the permit will become null and void. For good cause shown, the Department may extend the two year construction deadline for a total of no more than five years, one year at a time. Applicants must make written request for an extension, prior to the expiration date of the permit or prior extension.

(f) No action shall be brought against the State or the Department or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the operation of any dam or reservoir upon the ground that the Department is liable by virtue of any of the following:

1. The approval of the dam or reservoir, or approval of flood handling plans during construction.

2. The issuance or enforcement of orders relative to maintenance or operation of the dam or reservoir.

3. Control, regulation and inspection of the dam or reservoir.

4. Measures taken to protect against failure during an emergency.

(g) The Department may deny any application for a dam permit, based upon its conclusion that the construction or operation of dam will cause an unacceptable threat to or impact on natural or cultural resources or the environment.

(h) The Department shall be notified immediately by the owner or operator upon the detection of any condition which may jeopardize the safety of the structure.

(i) Situations which threaten the public health, safety and welfare and require emergency dam repair will be considered by the Department under the following procedure:

1. The owner or operator shall inform the Department by telephone as to the extent of work to be performed, the reason for the emergency and the location of the project.

2. The owner or operator shall perform the emergency work upon verbal approval of the Department, which approval shall be verified by the Department in writing within three working days. The Department shall offer guidance and instructions in performing the work.

3. After the work has been completed in accordance with the Department's instructions, the owner or operator shall submit a dam permit application and "as built" drawings to the Department for review. A letter shall be issued by Department in lieu of a dam permit.

(j) The Department shall be notified in writing on or before the transfer of dam ownership.

(k) Unless otherwise approved by the Department in writing, no person shall dredge within 200 feet of a dam.

(l) Utilities crossing within dam embankments are prohibited unless demonstrated to the satisfaction of the Department that such utilities will not jeopardize the safety of the dam.

(m) No person shall remove or breach an existing dam without first having obtained a permit from the Department unless subject to the permit-by-rule provisions in 7:20-1.3.

(n) Unless otherwise approved by the Department, no trees shall be permitted to grow on the dam embankment.

N.J. Admin. Code § 7:20-1.4

Amended by R.1990 d.276, effective 6/4/1990.
See: 22 N.J.R. 279(a), 22 N.J.R. 1760(a).
Added new (i), redesignated existing (i) as (j), and stipulated the "owner or operator" as responsible party in (j)1 through 3. Added (k) through (n).
Amended by R.1995 d.266, effective 6/5/1995.
See: 27 N.J.R. 795(a), 27 N.J.R. 2210(a).
Deleted (h); recodified existing (i) to (m) as (h) to ( l); and added (n).
Amended by R.2005 d.338, effective 10/3/2005.
See: 37 N.J.R. 1591(a), 37 N.J.R. 3814(a).
In (d), deleted ", Game" following "Division of Fish" in 2.