N.J. Admin. Code § 7:13-2.2

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

Section 7:13-2.2 - Regulated waters

(a) All waters in New Jersey are regulated under this chapter except those described at (a)1 through 4 below. Every regulated water possesses a flood hazard area and/or a riparian zone as set forth at N.J.A.C. 7:13-2.3:

1. Any manmade canal;

2. In accordance with N.J.S.A. 58:16A-60, any coastal wetlands regulated under the Wetlands Act of 1970 ( N.J.S.A. 13:9A-1et seq.);

3. Any segment of water that has a drainage area of less than 50 acres, provided one or more of the following applies:

i. The water has no discernible channel;

ii. The water is confined within a lawfully existing, manmade conveyance structure or drainage feature, such as a pipe, culvert, ditch, channel, or basin (not including any water that historically possessed a naturally-occurring, discernible channel, which has been piped, culverted, ditched, or similarly modified); and/or

iii. The water is not connected to a regulated water by a channel or pipe, such as an isolated pond or depression that has no outlet; and

4. Any water-filled depression created in dry land incidental to construction or remediation activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of "waters of the United States" in the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-1.4.

N.J. Admin. Code § 7:13-2.2

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