N.J. Admin. Code § 7:20-1.3

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

Section 7:20-1.3 - Permit-by-rule

(a) All dams must be designed, constructed, operated, maintained, or removed in compliance with the rules in this subchapter except as set forth below:

1. Owners and operators of Class IV dams (see 7:20-1.8, Dam classification) are not required to file documents with nor obtain a permit from the Department, but must meet the following requirements, in addition to those set forth elsewhere in this subchapter:

i. Design must be based upon a spillway design storm that results in rainfall of 50 percent greater than a 24-hour, 100-year, Type III storm (Later technology adopted by the United States Department of Agriculture, Natural Resources Conservation Service may be substituted for the use of the Type III storm.); and

ii. All necessary local approvals must be obtained;

iii. A New Jersey licensed professional engineer must design the Class IV Dam to meet all technical requirements of this subchapter; and

iv. If the Class IV dam is designed or constructed for stormwater management purposes, the dam shall comply with the Stormwater Management Rules at N.J.A.C. 7:8.

2. Owners and operators of Class III agricultural impoundments, meaning any impoundment used for fish and wildlife, fire control or livestock or crop production and maintenance, where the drainage area is less than one-half square mile in extent, must meet only the following requirements:

i. All necessary local approvals must be obtained; and

ii. Design and construction must be supervised by the United States Department of Agriculture, Natural Resources Conservation Service.

(b) The Department may, in its discretion, require the owner or operator of any dam subject to (a) above to obtain a permit and/or to submit any information relating to dam design, construction, operation or maintenance.

(c) The Department may, in its discretion, require the owner or operator of any dam to make modification of the design, construction or operation of the dam in order to comply with the intent of this chapter and the Safe Dam Act, 58:4-1 et seq.

N.J. Admin. Code § 7:20-1.3

Amended by R.1990 d.276, effective 6/4/1990.
See: 22 N.J.R. 279(a), 22 N.J.R. 1760(a).
In (a), added "or removed"; in (a)1ii.
Type III was Type II; deleted (a)3.
Amended by R.1995 d.266, effective 6/5/1995.
See: 27 N.J.R. 795(a), 27 N.J.R. 2210(a).
Added (a)1.iii.
Amended by R.2004 d.48, effective 2/2/2004.
See: 35 N.J.R. 119(a), 35 N.J.R. 1328(a), 36 N.J.R. 670(a).
Added (a)1iv.
Amended by R.2005 d.338, effective 10/3/2005.
See: 37 N.J.R. 1591(a), 37 N.J.R. 3814(a).
In (a), substituted "Natural Resources" for "Soil" in 1i and 2ii.