N.J. Admin. Code § 7:13-12.21

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

Section 7:13-12.21 - Requirements for the removal of existing fill or an existing structure

(a) This section sets forth specific standards that apply to any proposed removal of existing fill or an existing structure in any regulated area.

(b) The removal of existing fill or an existing structure is subject to the requirements of this section only as follows:

1. The fill or structure to be removed lies in a floodway; or

2. The fill or structure to be removed lies in a regulated area outside a floodway, but does not qualify for permit-by-rule 4 at N.J.A.C. 7:13-7.4.

(c) The Department shall issue an individual permit for the removal of existing fill or an existing structure as described in (b) above only if the following requirements are satisfied:

1. All disturbed regulated areas are properly stabilized;

2. If the fill or structure to be removed lies in a floodway, the applicant demonstrates through a hydraulic analysis that the removal will not adversely impact a property not owned by the applicant, pursuant to N.J.A.C. 7:13-12.1(f) and (g), unless the Department determines, based on a visual inspection of submitted site plans and without a review of calculations, that the proposed removal poses no threat to offsite properties;

3. Any removed fill is disposed of in accordance with all applicable Federal, State, and local laws; and

4. Any removed structure is disposed of outside of any regulated area and in accordance with all applicable Federal, State, and local laws.

N.J. Admin. Code § 7:13-12.21

Amended and recodified from 7:13-11.19 by 48 N.J.R. 1067(a), effective 6/20/2016