N.J. Admin. Code § 7:13-11.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:13-11.3 - Requirements for a regulated activity in a floodway

(a) This section sets forth specific design and construction standards that apply to any regulated activity proposed in a floodway.

(b) Except as provided in (c) below, the Department shall not issue an individual permit for the following activities:

1. The placement of any aboveground structure in or above a floodway;

2. Any regulated activity that would result in the placement of fill in a floodway;

3. Any regulated activity that would raise the ground elevation in a floodway; or

4. Any regulated activity that would obstruct the passage of floodwaters in a floodway.

(c) Notwithstanding (b) above, the Department shall issue an individual permit for the following regulated activities in a floodway, provided all other requirements of this chapter are satisfied for each activity:

1. The construction or conversion of a building on a pier in the Hudson River, provided the requirements of the Coastal Zone Management Rules at 7:7-9.46 are satisfied, in accordance with N.J.A.C. 7:13-12.5(e) or (f), as appropriate;

2. The elevation or reconstruction of a lawfully existing building, in accordance with N.J.A.C. 7:13-12.5(g);

3. The construction of a horizontal and/or vertical addition to a lawfully existing building, in accordance with N.J.A.C. 7:13-12.5(h);

4. The construction of a water control structure, such as a bridge or culvert, low dam, dam, or flood control project, in accordance with N.J.A.C. 7:13-12.7, 12.10, 12.11, and 12.12, respectively;

5. The construction of a stormwater outfall structure, in accordance with N.J.A.C. 7:13-12.9;

6. The construction of a retaining wall or bulkhead, in accordance with N.J.A.C. 7:13-12.13;

7. The restoration and/or stabilization of a bank or channel, in accordance with N.J.A.C. 7:13-12.14, which requires the placement of fill in a floodway, provided the fill is necessary to:

i. Protect nearby structures or trees from undermining or failure; or

ii. Restore or improve the ecological health or habitat value of a regulated water, such as the restoration to a natural condition a regulated water that is enclosed by a structure, such as a pipe or culvert, or which has been previously straightened, channelized or lined with revetments;

8. The placement of dredged material adjacent to the water from which the material was removed, in accordance with N.J.A.C. 7:13-12.15(f);

9. The placement of fill in an isolated shallow depression or other area that does not contribute to the hydraulic capacity of the floodway; and

10. The placement of fill in a portion of a manmade impoundment of water, such as a pond or lake, provided:

i. An equal or greater amount of excavation is performed elsewhere in the same pond or lake at similar elevations as the proposed fill;

ii. The applicant demonstrates that the fill will not obstruct flood flows;

iii. The fill will extend no further than 20 percent of the width of the water, measured perpendicularly across the water from the shoreline along which the fill is being placed; and

iv. The applicant demonstrates that placing the fill will not cause adverse environmental impacts.

N.J. Admin. Code § 7:13-11.3

Amended and recodified from 7:13-10.3 by 48 N.J.R. 1067(a), effective 6/20/2016