NJDEP FLOOD HAZARD AREA CONTROL ACT RULES - Makofka Environmental Consulting LLC.

The NJDEP Flood Hazard Area Control Act Rules govern human disturbance to the land and
vegetation in both the flood hazard area of a regulated water as well as in the riparian zone of a
regulated water.

All waters in New Jersey are regulated under these Rules, with only a few exceptions. The exceptions are: a manmade canal; coastal wetlands that are regulated under the Wetlands Act of 1970; any segment of water that has a drainage area of less than 50 acres, provided certain conditions apply; and any water-filled depression created in dry land incidental to construction or remediation activity and pits excavated in dry land, provided certain conditions apply.

Although many people may be aware of rules regarding proposed disturbance in flood hazard areas, disturbance in riparian zones may not be as familiar. A riparian zone (RZ) is defined as “the land and vegetation within and adjacent to a regulated water.” A RZ is typically measured from the top of bank of the regulated water. Riparian zones may be 50, 150 or 300 feet wide depending on certain criteria.

As per these Rules (N.J.A.C. 7:13-2.4), the following are considered regulated activities:

The alteration of topography through excavation, grading and/or placement of fill;
The clearing, cutting, and/or removal of vegetation in a riparian zone;
The creation of impervious surface;
The storage of unsecured material;
The construction, reconstruction, repair, alteration, enlargement, elevation, or removal of a structure; and
The conversion of a building into a single-family home or duplex, multi-residence building, or critical building.

Although many activities are regulated as per these Rules, many activities are permissible provided certain conditions are met. MEC frequently assists clients in determining whether proposed activities are permissible as per these Rules. Sometimes, proposed activities are covered under Permit-by-Rule, which does not even require notification to NJDEP.

For example, a single-family homeowner is interested in installing an in-ground pool, but the proposed pool location is within 300 feet of a Category One waterway. The presence of a Category One waterway indicates that the width of the riparian zone associated with this waterway is 300 feet. Provided the conditions of Permit-by-Rule 21 for the construction of a swimming pool associated with residential use are met, installation of a pool within the 300-foot wide riparian zone is permissible. Some of the conditions of Permit-by-Rule 21 include that the existing ground elevation is not raised in a floodway; that no disturbance occurs within 25 feet of any top of bank of a waterway, with a few exceptions; and any clearing, cutting, and/or removal of riparian zone vegetation is limited to actively disturbed areas.

If a project cannot meet the requirements of one or more Permits-by-Rule, it may be necessary to obtain a General Permit or Individual Permit. MEC is experienced in evaluating proposed activities to determine which type of authorization is appropriate under these Rules as well as preparing the appropriate application materials to NJDEP. Depending on the type of activity proposed, the evaluation and application may also require involvement from a licensed engineer. MEC will work closely with you and the project engineer.