N.J. Admin. Code § 7:13-8.5

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

Section 7:13-8.5 - General permit-by-certification 5 - reconstruction, relocation, expansion, and/or elevation of a building outside a floodway

(a) General permit-by-certification 5 authorizes the reconstruction, relocation, expansion, and/or elevation of a lawfully existing building located outside a floodway, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The flood hazard area elevation for the site has been determined by a Department delineation or FEMA flood mapping, under Methods 1, 2, or 3 (at 7:13-3.3, 3.4(d), and 3.4(e), respectively);

2. The building is not located in a floodway;

3. The applicant obtains an engineering certification confirming that the building is not being expanded within or relocated into a floodway;

4. The footprint of the building has not increased by more than 750 square feet, cumulatively, since November 5, 2007;

5. The applicant obtains an engineering certification confirming that the lowest floor of the building is being reconstructed or elevated to 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;

6. Any new enclosure below the lowest floor of the building is not used for habitation, remains open to floodwaters, and is constructed in accordance with N.J.A.C. 7:13-12.5(p);

7. Any existing enclosure below the lowest floor of the building, which does not conform to the requirements of N.J.A.C. 7:13-12.5(p), such as a basement having a floor that is below grade along all adjoining exterior walls, is abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13-12.5;

8. No disturbance is located within 25 feet of any top of bank, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water;

9. Any building to be relocated is either moved outside a riparian zone or located within an actively disturbed area; and

10. No riparian zone vegetation is cleared, cut, and/or removed, except for vegetation within 20 feet of the building, where such disturbance is necessary to access the building and facilitate its reconstruction, relocation, expansion, and/or elevation.

N.J. Admin. Code § 7:13-8.5

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

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