N.J. Admin. Code § 7:13-12.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-12.10 - Requirements for a low dam

(a) This section sets forth specific design and construction standards that apply to the construction, replacement, repair, or removal of a low dam in any regulated area. Regulated activities associated with the construction, replacement, repair, or removal of a low dam, such as channel modification, the excavation of a stormwater management basin, or the creation of a stormwater collection and discharge system, shall be reviewed in accordance with the appropriate requirements for those activities under this chapter. This section applies only to the low dam itself.

(b) The Department shall issue an individual permit to construct a new low dam only if all proposed disturbance is located at least 25 feet from any top of bank unless the applicant demonstrates that:

1. There is a compelling need to construct the low dam, which cannot be met without disturbance within 25 feet of any top of bank; and

2. All disturbance is located outside any channel with fishery resources, as set forth at N.J.A.C. 7:13-11.5, except where:

i. The disturbance is unavoidable; and

ii. The low dam is modified where necessary to include a fish ladder or other similar mechanism that permits fish to pass the structure in either direction.

(c) The Department shall issue an individual permit to reconstruct, replace, repair, or remove a low dam only if all proposed disturbance located within 25 feet of any top of bank is the minimum necessary to meet the applicable Federal and State requirements.

N.J. Admin. Code § 7:13-12.10

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