N.J. Admin. Code § 7:13-3.8

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

Section 7:13-3.8 - Revision or suspension of a Department delineation by the Department

(a) If the Department determines, independent of an application pursuant to N.J.A.C. 7:13-3.7, that an existing Department delineation as listed in chapter Appendix 2 underestimates the extent of the floodway and/or flood hazard area, and that it is in the best interest of public health, safety, and welfare to revise a delineation, the Department shall do one of the following:

1. If the Department has sufficient topographic, hydrologic, and hydraulic data to adequately revise the delineation, the Department shall initiate a revision as follows:

i. For a minor delineation revision as described at N.J.A.C. 7:13-3.7(b)1, the Department shall revise the delineation as necessary; or

ii. For a major delineation revision as described at N.J.A.C. 7:13-3.7(b)2, the Department shall follow the procedure described at N.J.A.C. 7:13-3.7(i); or

2. If the Department does not have sufficient topographic, hydrologic and hydraulic data to adequately revise the delineation, or if the Department determines that a serious threat to public health, safety and welfare will exist if an existing delineation is allowed to remain in place, the Department shall initiate an emergency suspension of the delineation for a one-year period pursuant to (b) below. The purpose of this suspension is to allow the Department adequate time to acquire data necessary to accurately revise the delineation.

(b) To initiate an emergency one-year suspension of a delineation as described in (a)2 above, the Department shall:

1. Publish notice of its intent to suspend the delineation in the New Jersey Register, as well as in the official newspaper of each affected municipality (or in a newspaper of general circulation in each affected municipality if there is no official newspaper) and in one newspaper of regional circulation (relative to the location of the project). This notice shall include:

i. The location of the delineation to be suspended;

ii. The reason the Department is suspending the delineation;

iii. An invitation for interested parties to submit written comments regarding the suspension and subsequent need for amendment of the suspended delineation; and

iv. The mailing address and telephone number of a contact person within the Department who is able to discuss the suspension.

2. The Department shall consider the portion of the delineation described in the notice to be suspended for a one-year period beginning with the publication date of the notice in the New Jersey Register.

3. The Department shall, within one year of the suspension date:

i. Revise the delineation in accordance with (a)1 above;

ii. Reinstate the delineation without revision, and explain why the delineation was found to be acceptable after suspension; or

iii. Take no action, in which case the delineation shall be automatically reinstated.

(c) During the suspended period described in (b)2 above, any application made under this chapter shall not reference the flood hazard area and/or floodway of the suspended delineation. Applicants must instead rely on another delineation method to determine the extent of the flood hazard area and/or floodway as provided at N.J.A.C. 7:13-3. Furthermore, the Department shall review all valid verifications, general permits and individual permits issued for the flood hazard area of the suspended delineation and will suspend or terminate such approvals where necessary to protect public safety, in accordance with N.J.A.C. 7:13-22.7 and 22.8.

(d) The Department shall issue a revision of a delineation only for a section of water already promulgated by the Department. The Department shall add or remove a section of delineated water from Appendix 2 only through an amendment to this chapter.

(e) If the Department approves an individual permit under this chapter for an activity which alters the flood hazard area design flood elevation, flood hazard area limit and/or floodway limit along a Department delineated water, such as the construction of a flood control project, or the construction, modification or removal of a bridge or culvert, the Department shall automatically revise the delineation as necessary after the construction is completed. No public notice or hearing is necessary to revise a Department delineation in such a case.

N.J. Admin. Code § 7:13-3.8

Amended and recodified from 7:13-13.5 by 48 N.J.R. 1067(a), effective 6/20/2016