N.J. Admin. Code § 7:13-1.1

Current through Register Vol. 56, No. 7, April 1, 2024

Section 7:13-1.1 - Purpose and scope

(a) This chapter sets forth requirements governing human disturbance to the land and vegetation in the following areas:

1. The flood hazard area of a regulated water, as described at N.J.A.C. 7:13-3; and

2. The riparian zone of a regulated water, as described at N.J.A.C. 7:13-4.

(b) This chapter implements the Flood Hazard Area Control Act, 58:16A-50 et seq.; and, in addition, relevant aspects of the New Jersey Water Pollution Control Act, 58:10A-1 et seq.; the Water Quality Planning Act, 58:11A-1 et seq.; the Highlands Water Protection and Planning Act, 13:20-1 et seq.; the Ninety-Day Construction Permits Law, 13:1D-29 et seq.; and 13:1D-1 et seq.

(c) The purpose of this chapter is to minimize damage to life and property from flooding caused by development within flood hazard areas, to preserve the quality of surface waters, and to protect the wildlife and vegetation that exist within and depend upon such areas for sustenance and habitat.

1. Flooding presents a significant risk to public health, safety, and welfare, and the environment due to loss of life, injury, property damage, and ecological degradation. Unless properly controlled, development within flood hazard areas obstructs and displaces floodwaters and exacerbates the frequency, intensity, duration, and extent of flooding. The adverse socioeconomic and environmental impacts of more frequent and intensifying flooding are well documented and are further exacerbated by the effects of climate change, which expands the area of the State subject to flooding and warrants appropriate measures be taken to plan for both present and future flood conditions. Loss of life, injury, and property damage also result from collapsed structures, unsecured materials, and other debris carried by floodwaters. Furthermore, improperly built structures are subject to severe and repetitive flood damage, resulting in the displacement of residents, loss, damage, or interruption of essential public and private services and infrastructure, and prolonged economic disruption or loss.

2. Vegetation adjacent to surface waters is essential for maintaining bank stability and water quality. The indiscriminate disturbance of such vegetation destabilizes the channels and banks of surface waters, which leads to increased erosion and sedimentation that exacerbates the intensity and frequency of flooding. The loss of vegetation adjacent to surface waters also reduces filtration of stormwater runoff and subjects surface waters to increased sun exposure, which causes water temperatures to rise and dissolved oxygen content to fall. Such impacts adversely affect the health and habitat of fish and wildlife that depend upon clean surface waters and therefore disrupt the ecological balance that is necessary for life. Humans are ultimately affected by this imbalance, since clean water is essential for all life.

(d) Except where authority has been delegated to a county governing body under 7:13-1.4, the Department shall be the agency that implements this chapter.

N.J. Admin. Code § 7:13-1.1

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

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