N.J. Admin. Code § 7:13-12.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-12.8 - Requirements for a utility line

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

(b) The Department shall issue an individual permit to construct or reconstruct a utility line in a regulated area only if the following requirements are satisfied:

1. All disturbed areas in the flood hazard area are restored to pre-construction topography;

2. The applicant provides an engineering certification confirming that any utility line that conveys a gas or liquid is sealed to ensure that there will be no leakage or discharge in a regulated area; and

3. Except in the immediate vicinity of a crossing of a regulated water, the utility line shall not be constructed within 10 feet of any top of bank, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water.

(c) The Department shall issue an individual permit to construct or reconstruct a utility line across or under a channel or water only if the following requirements are satisfied, as applicable:

1. The applicant demonstrates that it is not feasible to directionally drill or "jack" the proposed utility line under the channel or water under permit-by-rule 36 at N.J.A.C. 7:13-7.36;

2. The applicant demonstrates that it is not feasible to construct the utility line within a roadway that already crosses the channel or water under permit-by-rule 37 at N.J.A.C. 7:13-7.37;

3. The applicant demonstrates that it is not feasible to attach the utility line to a bridge that already crosses the channel or water under permit-by-rule 38 at N.J.A.C. 7:13-7.38;

4. The excavation of an open trench across a channel or water resulting in contact with flowing water is avoided. If the excavation of an open trench is unavoidable, the following requirements shall be met;

i. Any trench in a channel, water or riparian zone, is no more than 20 feet wide, unless the applicant demonstrates that such a width is not feasible and a wider trench is necessary for safe construction;

ii. The normal flow of the channel or water is piped or diverted around the open trench during construction where possible so that sediment cannot enter the regulated water; and

iii. The trench is backfilled to the pre excavation ground elevation using native substrate upon completion of the crossing;

5. A utility line that conveys a gas or liquid is protected in one of the following ways:

i. It is covered by at least four feet of stable material consisting of native substrate in the channel or water;

ii. It is encased in six inches of concrete and covered by at least three feet of stable material consisting of native substrate in the channel or water;

iii. It is encased within a steel sleeve, or protected above by a 0.25-inch thick stainless steel plate, and covered by at least three feet of stable material consisting of native substrate in the channel or water; or

iv. If the applicant demonstrates that it is not feasible to provide at least three feet of coverage beneath the channel or water, and that there is no feasible alternative location for crossing the channel or water where at least three feet of coverage is provided, the utility line is either:

(1) Covered by as much stable material consisting of native substrate in the channel or water as feasible, and encased within a steel sleeve; or

(2) Covered by as much stable material consisting of native substrate in the channel or water as feasible, protected above by a 0.25-inch thick stainless steel plate, and encased with six inches of concrete around the sides and bottom;

6. A utility line that does not convey a gas or liquid is covered by at least three feet of stable material consisting of native substrate in the channel or water, where feasible; and

7. The following requirements are satisfied for each utility line that crosses a channel or water, unless the applicant demonstrates that one or more of these requirements is not feasible or that another configuration would pose less risk to life, property and the environment:

i. Each utility line is placed nominally horizontal under the entire channel or water, and remains so beyond each bank for a distance equal to twice the height of the bank, or 10 feet, whichever is greater. If there is no discernible bank, the utility line shall remain nominally horizontal for at least 10 feet beyond the normal edge of water;

ii. The inclined portion of each utility line approaching the channel or water has a slope no greater than 50 percent (a ratio of two horizontal to one vertical); and

iii. Encasement extends under the entire channel or water and 10 feet beyond each top of bank. If there is no discernible bank, the utility line shall be encased for at least 10 feet beyond the normal edge of water.

(d) The Department shall issue an individual permit to construct or reconstruct a utility line above a channel or floodway, which is not attached to a roadway or railroad crossing, or which is attached to such a crossing but does not meet permit-by-rule 38 at N.J.A.C. 7:13-7.38, only if the following requirements are satisfied:

1. The applicant demonstrates that it is not feasible to attach the utility line to a bridge that already crosses the channel or water under permit-by-rule 38;

2. The utility line does not create any obstruction to the flow of floodwaters;

3. The utility line is protected from damage by impact from floating debris;

4. The utility line is placed at least one foot above the flood hazard area design flood elevation.

(e) The Department shall issue an individual permit to construct or reconstruct a manhole associated with a utility line in a regulated area only if the following requirements are satisfied:

1. The manhole is constructed at least 10 feet from any top of bank;

2. Any manhole in a flood hazard area has a watertight cover;

3. The top of a manhole in a floodway is flush with the ground; and

4. The top of a manhole in a flood fringe is flush with the ground, where possible.

(f) The Department shall issue an individual permit for the placement of a cable directly on the bed of a channel or water only if the following requirements are satisfied:

1. The channel or water is large enough in both width and depth that the cable will not interfere with navigation and/or the normal flow of the channel or water; and

2. The cable is laid with enough slack so that it can be easily moved.

(g) The Department shall issue an individual permit that allows, over the five-year term of the permit, the necessary and periodic maintenance, repair, or replacement of any section of a lawfully existing above or below ground utility line in a regulated area only if the following requirements are satisfied:

1. The applicant submits an application for an individual permit which, in addition to the normal application requirements, includes the following:

i. The exact location of the utility line network that is the subject of the application, identified on USGS quad maps; and

ii. A detailed description of the types of maintenance, repair, and/or replacement activities that can be expected to occur during the duration of the individual permit, such as construction details of typical, anticipated activities and associated construction sequences;

2. The applicant agrees to provide public notice pursuant to N.J.A.C. 7:13-19 at least five working days before performing any repair or replacement;

3. The applicant agrees to replant all disturbed areas in the riparian zone with native, non-invasive plant species after each repair or replacement;

4. The applicant agrees to restore all disturbed areas in the flood hazard area to pre-construction topography after each repair or replacement; and

5. The applicant agrees to submit a report to the Department each January which includes the following:

i. A description of each repair or replacement that occurred during the previous calendar year;

ii. Color photographs of each regulated area before and after each repair or replacement; and

iii. The fee for each repair or replacement, as provided at N.J.A.C. 7:13-20. 7:13-12.9 Requirements for a stormwater outfall structure

N.J. Admin. Code § 7:13-12.8

Amended and recodified from 7:13-11.9 by 48 N.J.R. 1067(a), effective 6/20/2016