N.J. Admin. Code § 19:4-8.16

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:4-8.16 - Fill, excavation, regrading and surcharge standards

(a) No filling, excavation, regrading or surcharging of land shall commence without having first obtained approval from the NJMC. Such approval shall be granted as follows:

1. All filling, excavation, regrading or surcharge operations directly related to the construction of any structure shall be considered approved only if such filling, excavation and grading operations are clearly indicated with approximate quantities on the approved plans for the proposed structure.

2. A zoning certificate for filling, excavation, regrading or surcharge operations may be issued by the NJMC if a schematic site plan showing the envisioned ultimate use of the property is submitted. This plan shall meet all applicable use and bulk regulations.

(b) Prior to the issuance of any zoning certificate that involves filling operations, a detailed geotechnical investigation report, prepared by a geotechnical engineer, shall be submitted for approval. This report shall be prepared in accordance with the requirements of N.J.A.C. 19.4-4.4(d) 6iii(3).

(c) All fill or excavation operations shall comply with the recommendations of the approved geotechnical investigation report.

(d) Fill which does not conform with the NJDEP Solid Waste Management definition of "clean fill," per 7:26-1.4, shall not be used unless the Chief Engineer grants a waiver from this requirement. The applicant shall show just cause for a waiver of this requirement based on engineering constraints. This waiver shall not relieve the applicant from obtaining all other Federal, State or local permits that may be required to utilize such fill material.

(e) Nothing in this section shall be construed to allow the filling of wetlands without the required approvals of the governmental authorities with jurisdiction.

(f) A copy of a Soil Erosion and Sediment Control Certification issued by the governing Soil Conservation District shall be submitted to the NJMC prior to the start of earthwork operations.

N.J. Admin. Code § 19:4-8.16

Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In (d), substituted "Chief Engineer" for "NJMC", "Federal, State" for "federal, state," and "that" for the second occurrence of "which".