N.J. Admin. Code § 7:38-3.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:38-3.7 - Flood hazard areas

(a) A flood hazard area is any land in a flood plain as defined under the Flood Hazard Area Control Act, 58:16A-50 et seq., and its implementing rules, N.J.A.C. 7:13.

(b) A major Highlands development in a flood hazard area shall meet the requirements of either (b)1 or 2 below:

1. The proposed activities, both individually and cumulatively, displace no flood storage volume whatsoever onsite, as calculated according to (c) and (d) below, based on site conditions as of August 10, 2004; or

2. The proposed activities, both individually and cumulatively, displace no more than 20 percent of the flood storage volume onsite, as calculated according to (c) and (d) below, based on site conditions as of January 31, 1980, and an equal or greater volume of flood storage is created offsite in accordance with (e) below.

(c) The flood storage volume of a site is the volume of space outside the floodway, as defined at 7:13-1.2, between the ground surface and the flood plain elevation as determined under N.J.A.C. 7:13. Additional flood storage can be created either by excavating material from below the surface of the ground and removing the material to outside of the flood plain so that floodwaters can freely enter and exit the excavated area, and/or by removing fill or structures that have been previously and lawfully placed within the flood plain and outside the floodway.

(d) Flood storage volume can be created onsite to compensate for regulated activities that displace flood storage provided the onsite compensation:

1. Is created within or adjacent to the flood plain of the same water as the proposed fill, or a tributary to the same water as the proposed fill if the flood plain of both waters connect on site;

2. Is not created in a floodway, as defined at 7:13-1.2;

3. Is not created within 300 feet of a Highlands open water, unless the area where the compensation will be created has been subject to previous, lawful disturbance; and

4. Would not have other significant adverse environmental consequences, that is, shall not merely substitute the adverse effects of the proposed activities with adverse impacts upon other Highlands resource areas.

(e) Flood storage volume can be created offsite to compensate for regulated activities that displace flood storage as described in (b)2 above provided the offsite compensation:

1. Is of equal or greater volume than the flood storage displaced by the regulated activities onsite;

2. Is created within or adjacent to the flood plain of the same water as the proposed fill, or a tributary to the same water as the proposed fill if the flood plain of both waters connect on site;

3. Is situated within the same HUC 14 watershed as the proposed fill;

4. Is not separated from the proposed fill by a water control structure, such as a bridge, culvert or dam, unless the applicant demonstrates that the water control structure causes no significant change in the flood plain elevation;

5. Is not created in a floodway, as defined at 7:13-1.2;

6. Is not created within 300 feet of a Highlands open water, unless the area where the compensation will be created has been subject to previous, lawful disturbance;

7. Would not have other significant adverse environmental consequences, that is, shall not merely substitute the adverse effects of the proposed activities with adverse impacts upon other Highlands resource areas;

8. Is agreed to in writing by the owners of the land on which the offsite compensation is proposed; and

9. Is proposed on land that is subject to a conservation restriction against future flood storage volume displacement in accordance with 7:38-6.3.

N.J. Admin. Code § 7:38-3.7

Amended by R.2006 d.420, effective 12/4/2006.
See: 37 N.J.R. 4767(a), 38 N.J.R. 5011(a).
In (e)9, substituted "subject to a conservation restriction" for "deed restricted" and inserted "in accordance with N.J.A.C. 7:38-6.3".