N.J. Admin. Code § 7:13-5.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:13-5.5 - When a verification is required for issuance of an authorization under a general permit or an individual permit

(a) Except as provided at (b) and (c) below, the flood hazard area design flood elevation, and floodway limit, where present, must be known and verified within the project area pursuant to N.J.A.C. 7:13-5.2 in order for the Department to determine compliance with the requirements of this chapter and issue an authorization under a general permit or an individual permit. An applicant for an authorization under a general permit or an individual permit shall therefore demonstrate that:

1. The applicant possesses a valid verification of the flood hazard area design flood elevation, and also the floodway limit, if present, for the project area;

2. The applicant has applied for a verification of the flood hazard area design flood elevation, and also the floodway limit, where present, for the project area, and the Department subsequently approves the verification either prior to or concurrent with the issuance of the authorization under a general permit or individual permit;

3. The project meets the conditions of (b)1, 2, or 3 below, in which case no verification is required in order to obtain an authorization under a general permit or an individual permit; or

4. The project meets the conditions of (c) below, in which case a verification of only the flood hazard area design flood elevation is required either prior to or concurrent with the issuance of an authorization under a general permit or an individual permit.

(b) Obtaining a verification is not required prior to the issuance of an authorization under a general permit or an individual permit, provided the Department determines, based on a visual inspection of submitted site plans and without a review of calculations, that one or more of the following requirements is satisfied:

1. No fill or aboveground structure is proposed within a flood hazard area;

2. The project consists solely of the construction, replacement, enlargement, repair, or removal of a bridge or culvert along a railroad or public roadway; or

3. All of the following are true:

i. No habitable building, railroad, roadway, or parking area is proposed, which requires knowledge of the flood hazard area design flood elevation to determine compliance with this chapter;

ii. Any proposed fill and/or aboveground structure is located outside a floodway; and

iii. The flood storage displacement requirements of 7:13-11.4are satisfied.

(c) Obtaining a verification of only the flood hazard area design flood elevation and not the floodway limit is required prior to the issuance of an authorization under a general permit or an individual permit, provided the Department determines, based on a visual inspection of submitted site plans and without a review of calculations, that the following requirements are satisfied:

1. No fill or aboveground structure is proposed within a floodway; and

2. Compliance with the flood storage displacement requirements of 7:13-11.4does not require knowledge of the location of the floodway.

N.J. Admin. Code § 7:13-5.5

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