N.J. Admin. Code § 7:13-12.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-12.5 - Requirements for a building

(a) This section sets forth specific design and construction standards that apply to any building proposed within:

1. A flood hazard area; and

2. An area that was previously situated in a flood hazard area, but which was filled, raised or otherwise removed from the flood hazard area after January 31, 1980, whether in accordance with or in violation of this chapter, except in the following cases:

i. A Department delineation is available for the site, and the Department approves a revision of its delineation that removes the area in question from the flood hazard area; or

ii. No Department delineation is available for the site, but FEMA issues a Letter of Map Amendment that removes the area in question from the 100-year flood plain.

(b) The Department shall issue an individual permit to construct, elevate, enlarge, or reconstruct a building of any kind, only if the following requirements are met:

1. The building is designed to resist hydrostatic and hydrodynamic loads and effects of buoyancy resulting from flooding to at least one foot above the flood hazard area design flood elevation; and

2. All applicable requirements set forth in (c) through (t) below are satisfied.

(c) The Department shall issue an individual permit to construct, elevate, enlarge, or reconstruct a building only if the following setbacks are satisfied, unless the building lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water, in which case the following setbacks do not apply:

1. Any new building is located at least 25 feet from any top of bank;

2. If an existing building is to be enlarged, such as through the construction of an addition, the enlarged portion of the building is located at least 25 feet from the top of bank, unless the applicant meets the requirements of (d) below; and

3. If an existing building located less than 25 feet from the top of bank is to be elevated or reconstructed, the building shall be relocated so that it is situated at least 25 feet from the top of bank, unless the applicant meets the requirements of (d) below.

(d) In cases where an compliance with the requirements of (c)2 and/or 3 above is not feasible, the applicant shall:

1. Demonstrate in writing the reasons why compliance with (c)2 and/or 3 above, as appropriate, is not feasible; and

2. Provide an engineering certification confirming that the location of proposed construction is stable and suitable for the proposed building, and not subject to erosion or undermining due to its proximity to the top of bank.

(e) The Department shall issue an individual permit for the construction of a new building in a floodway, only if the following requirements are satisfied:

1. The building is located on a pier in the Hudson River;

2. The requirements of the Department's Coastal Zone Management Rules at 7:7-9.46 are met; and

3. The applicant provides an engineering certification confirming that the proposed building is designed to resist hydrostatic and hydrodynamic loads and effects of buoyancy resulting from flooding to at least one foot above the flood hazard area design flood elevation.

(f) The Department shall issue an individual permit to convert an existing building located in a floodway into a single-family home, duplex, multi-residence building, or critical building only if the requirements of (e)1, 2, and 3 above are satisfied.

(g) The Department shall issue an individual permit to elevate or reconstruct a lawfully existing building in a floodway only if the following requirements are satisfied:

1. The building has been occupied within five years prior to the date of application to the Department to reconstruct;

2. All construction takes place within the same footprint as the original building, unless the applicant demonstrates that an expanded, reduced, or otherwise revised footprint will not result in any further obstruction to the flow of floodwaters; and

3. The applicant provides an engineering certification confirming that the elevated or reconstructed building is designed and constructed to resist hydrostatic and hydrodynamic loads and effects of buoyancy resulting from flooding to at least one foot above the flood hazard area design flood elevation.

(h) The Department shall issue an individual permit for the construction of a horizontal and/or vertical addition to a lawfully existing building in a floodway only if the following requirements are satisfied:

1. The building has been occupied within five years prior to the date of application to the Department to construct the addition;

2. The applicant demonstrates that the addition does not result in any further obstruction to the flow of floodwaters; and

3. The applicant provides an engineering certification confirming that the existing building, in combination with the proposed addition, is modified to resist hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from flooding to at least one foot above the flood hazard area design flood elevation.

(i) The Department shall issue an individual permit to construct a new habitable building only if the following requirements regarding the lowest floor of the building are satisfied:

1. The lowest floor of a single-family home or duplex is set at least one foot above the flood hazard area design flood elevation and no lower than the elevation required under the Uniform Construction Code, N.J.A.C. 5:23;

2. The lowest floor of a critical building is set at least one foot above the flood hazard area design flood elevation and no lower than the elevation required under the Uniform Construction Code, N.J.A.C. 5:23;

3. The lowest floor of a multi-residence building is set at least one foot above the flood hazard area design flood elevation and no lower than the elevation required under the Uniform Construction Code, N.J.A.C. 5:23, unless all of the following are satisfied:

i. The building is used for both residential and non-residential purposes;

ii. The lowest floor of any residential portion of the building, including any common area, such as a lobby or other portion of the building that is used for both residential and non-residential purposes, is set at least one foot above the flood hazard area design flood elevation;

iii. The applicant demonstrates that it is not feasible to set the lowest floor of any or all of the non-residential portions of the building at least one foot above the flood hazard area design flood elevation;

iv. The lowest floor of the non-residential portions of the building identified in (i)3iii above is set as close as feasible to one foot above the flood hazard area design flood elevation. In no case shall the lowest floor of the building be set below grade along all adjoining exterior walls;

v. An architect or engineer certifies that the non-residential portions of the building identified in (i)3iii above will be constructed in accordance with the flood-proofing requirements at (q) below;

vi. No portion of the building is located within a V zone; and

vii. No portion of the building is located within a coastal A zone, unless an architect or engineer certifies that the building's foundation is designed in accordance with the Uniform Construction Code, N.J.A.C. 5:23; and

4. The lowest floor of any habitable building not identified in (i)1, 2, or 3 above, such as a commercial business, house of worship, office complex, or shopping center, is set at least one foot above the flood hazard area design flood elevation and no lower than the elevation required under the Uniform Construction Code, N.J.A.C. 5:23, unless all of the following are satisfied:

i. The applicant demonstrates that it is not feasible to set the lowest floor of any or all portions of the building at least one foot above the flood hazard area design flood elevation;

ii. The lowest floor of the portions of the building identified in (i)4i above is set as close as feasible to one foot above the flood hazard area design flood elevation. In no case shall the lowest floor of the building be set below grade along all adjoining exterior walls;

iii. An architect or engineer certifies that the portions of the building identified in (i)4i above will be constructed in accordance with the flood-proofing requirements at (q) below;

iv. No portion of the building is located within a V zone; and

v. No portion of the building is located within a coastal A zone, unless an architect or engineer certifies that the building's foundation is designed in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

(j) The Department shall issue an individual permit to undertake the substantial improvement of a lawfully existing habitable building that has been subject to substantial damage as a result of fire, flooding, or other natural disaster only if the following requirements are satisfied:

1. The lowest floor of the entire building is constructed or modified where necessary to meet the requirements of (i) above to the extent feasible. In no case shall the lowest floor be set below the FEMA 100-year flood elevation, except as provided in (i)3 and 4 above; and

2. Any enclosed area beneath the lowest floor of the entire building is modified as necessary to meet the requirements of (p) below.

(k) The Department shall issue an individual permit to undertake the substantial improvement of a lawfully existing building that has not been subject to substantial damage as a result of fire, flooding, or other natural disaster only if the following requirements are satisfied:

1. The lowest floor of any constructed, elevated, enlarged, or modified portion of the building meets the requirements of (i) above;

2. The lowest floor of the remainder of the building is modified where necessary to meet the requirements of (i) above to the extent feasible. In no case shall the lowest floor of this portion of the building be set below the FEMA 100-year flood elevation, except as provided in (i)3 and 4 above; and

3. Any enclosed area beneath the lowest floor of the entire building is modified as necessary to meet the requirements of (p) below.

(l) The Department shall issue an individual permit to elevate, enlarge, or otherwise modify all or a portion of a lawfully existing building, which does not result in a substantial improvement, only if the following requirements are satisfied:

1. The lowest floor of the elevated, enlarged, or modified portion of the building meets the requirements of (i) above.

i. Where only a portion of a building is elevated, enlarged, or modified, the lowest floor of the remainder of the building is not required to be elevated or otherwise modified to meet the requirements of (i) above; and

2. Any enclosed area beneath the lowest floor of the elevated, enlarged, or modified portion of the building is modified as necessary to meet the requirements of (p) below.

(m) The Department shall issue an individual permit to reconstruct, elevate, enlarge, or otherwise modify a habitable building that was constructed in violation of this chapter only if the existing building is modified as necessary to meet the requirements of (i) through (l) above, as applicable.

(n) The Department shall issue an individual permit to convert an existing building into a single-family home, duplex, multi-residence building, or critical building only if the lowest floor of the converted building is modified as necessary to meet the requirements of (i) above.

(o) The Department shall issue an individual permit to construct a critical building or multi-residence building, or to convert an existing building to one of these uses, only if the applicant demonstrates that the building is served by at least one existing or proposed roadway, the travel surface of which is constructed at least one foot above the flood hazard area design flood elevation, which is of adequate size and capacity to serve the building, unless:

1. The building is located in a tidal flood hazard area or is a multi-residence building that is part of a redevelopment project; and

2. The applicant demonstrates that such access is not feasible in accordance with N.J.A.C. 7:13-12.6(e).

(p) The Department shall issue an individual permit to construct an enclosure that lies below the lowest floor of a habitable building, or to construct an enclosure that lies below the flood hazard area design flood elevation that is either attached to or detached from a habitable building and is intended to be used as a garage or parking area, only if the following requirements are satisfied:

1. The deed for the lot on which the enclosure or garage is constructed is modified to:

i. Explain that the enclosure or garage is likely to be inundated by floodwaters, which may result in damage and/or inconvenience;

ii. Disclose the depth of flooding that the enclosure or garage would experience during the FEMA 100-year flood and flood hazard area design flood, if either elevation is known;

iii. Prohibit habitation of the enclosure or garage; and

iv. Explain that converting the enclosure or garage into a habitable area may subject the property owner to enforcement under this chapter; and

2. The floor of the enclosure is situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area;

3. The enclosure is constructed with permanent flood openings that meet the requirements of the Uniform Construction Code at N.J.A.C. 5:23;

4. No portion of the building is located within a V zone;

5. No portion of the building is located within a coastal A zone, unless an architect or engineer certifies that the building's foundation is designed in accordance with the Uniform Construction Code, N.J.A.C. 5:23; and

6. Where the enclosure is greater than six feet in height, the following requirements are satisfied:

i. The deed for the lot on which the enclosure is constructed is modified to:

(1) Explain that the enclosure is likely to be inundated by floodwaters, which may result in damage and/or inconvenience;

(2) Disclose the depth of flooding that the enclosure would experience during the FEMA 100-year flood, if available, and the flood hazard area design flood;

(3) Prohibit habitation of the enclosure; and

(4) Explain that converting the enclosure into a habitable area may subject the property owner to enforcement under this chapter; and

ii. The modified deed is recorded in the Office of the County Clerk or the registrar of deeds and mortgages of the county in which the building is located, and proof that the modified deed has been recorded is provided to the Department prior to the sooner of either:

(1) The start of any site disturbance (including pre-construction earth movement, removal of vegetation or structures, or construction of the project); or

(2) The date that is 90 calendar days after the issuance of the individual permit.

(q) The Department shall issue an individual permit for the construction of a new single-family home or duplex within a fluvial flood hazard area on a lot that was created or subdivided after November 5, 2007, only if the applicant demonstrates that none of the lots created in the subdivision contain a habitable building or possess a valid authorization from the Department to construct a habitable building in the flood hazard area.

(r) Except for an enclosure that meets the requirements of (p) above, the Department shall issue an individual permit for a building that is flood-proofed only if one of the following requirements is satisfied:

1. The applicant dry flood-proofs the building in accordance with (s) below; or

2. The applicant demonstrates that it is not feasible to dry flood-proof the building in accordance with (s) below and instead wet flood-proofs the building in accordance with (t) below.

(s) The Department shall issue an individual permit to dry flood-proof a building under (r)1 above only if the building is designed and constructed with measures to prevent floodwaters from entering the building during a flood depth of at least one foot above the flood hazard area design flood elevation.

(t) The Department shall issue an individual permit to wet flood-proof a building under (r)2 above only if the building is designed and constructed to be flood-resistant during a flood depth of at least one foot above the flood hazard area design flood elevation, so that floodwaters can enter the building though permanent openings, while not damaging the structural integrity of the building.

(u) The Department shall not issue an individual permit under (r) above to flood-proof a single-family home, duplex, or critical building, or any residential portions of a multi-residence building.

N.J. Admin. Code § 7:13-12.5

Amended and recodified from 7:13-11.5 by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 49 N.J.R. 2246(a), effective 7/17/2017

Adopted by 50 N.J.R. 361(a), effective 1/16/2018