The following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly indicates
otherwise. Additional definitions specifically applicable to N.J.A.C. 7:13-13,
Mitigation, are set forth at
N.J.A.C.
7:13-13.1.
"Actively disturbed area" means any expanse of land within a
riparian zone in which vegetation has been permanently or periodically cleared,
cut, removed, or otherwise altered by humans to accommodate an ongoing,
lawfully existing land use. Forested areas and areas of non-ornamental woody
vegetation are not part of an actively disturbed area. Examples of an actively
disturbed area include:
1. Any area
occupied by lawfully existing impervious surface;
2. Any actively farmed area; and
3. Any portion of an easement, right-of-way,
field, lawn, park, or garden, which is periodically maintained, such as through
seasonal mowing or cultivation.
"Actively farmed" means currently and continually in use for
cultivation, grazing or other agricultural purposes, provided such activities
are recognized as agricultural by the USDA. An area that lies fallow as part of
a conventional rotational cycle that does not exceed five years is considered
to be actively farmed. Farms that have been abandoned for more than five years
are not actively farmed.
"Administratively complete" means that every item required
on the application checklist for a verification, an authorization under a
general permit, or an individual permit is included in the application.
"Anadromous water" means a regulated water that supports
anadromous fish, as identified by the Department's Division of Fish and
Wildlife. Anadromous fish travel between salt water and fresh water or upstream
to spawn, and 7:13-11.5(b) indicates how to determine which
waters support anadromous fishery resources.
"Applicability determination" means the Department's
official written statement of the applicability of this chapter to a water,
proposed activity, and/or project described at
N.J.A.C.
7:13-2.5.
"Aquatic habitat enhancement device" means a device placed
within and/or adjacent to a channel to enhance aquatic habitat, typically
consisting of boulders, brush, deflectors, felled shoreline trees, low-flow
channel structures, mud sills, rubble reefs, spawning/nursery structures and/or
tire structures.
"Architect" means a professional architect who is licensed to
practice in New Jersey.
"Bank" means the inclined side of a channel, an excavated or
impounded area or a topographic depression, which confines and/or conducts
water.
"Barrier island complex" means the landforms surrounded by
both bay and ocean, including barrier islands, spits, and peninsulas, which are
situated along New Jersey's Atlantic coastline, and which extend from the
northern tip of Sandy Hook, in Monmouth County, to the southern tip of Cape May
County. The barrier island complex includes the barrier island corridor, as
defined in the Department's Coastal Zone Management Rules at 7:7-9.20
, as well as any associated wetland complex adjacent to the corridor.
A barrier island is a long, narrow island that generally lies parallel to the
mainland and serves to protect the coast from erosion. A spit is a long, narrow
depositional landform projecting outward from the shoreline associated with a
barrier island corridor. A peninsula is a narrow expanse of land surrounded by
both bay and ocean waters, which is connected to the mainland. The barrier
island complex does not include the entire Cape May peninsula, but the Cape May
peninsula does include barrier islands, spits and peninsulas along its Atlantic
coastline. The barrier island complex does not include bay islands, which are
islands or filled areas surrounded by tidal waters, wetlands, beaches, or
dunes, lying between the mainland and barrier islands, but which may be
connected to the mainland or barrier islands by elevated or fill-supported
roads.
"Bed" means the floor of a channel over which water flows
continuously or intermittently. Bed also means the floor of an excavated or
impounded area or of a topographic depression that confines and/or conducts
water.
"Building" means a structure enclosed with exterior walls or
fire walls, erected and framed of component structural parts, designed for the
housing, shelter, enclosure, and support of individuals, animals, or property
of any kind. A building may have a temporary or a permanent foundation. A
building that is intended for regular human occupation and/or residence is
considered a habitable building.
"Category One water" means a water designated as such in the
Department's Surface Water Quality Standards at N.J.A.C. 7:9B.
"Central Passaic Basin" means the regulated area along the
following waters:
1. Beaver Dam Brook,
downstream of Jacksonville Road in Montville Township, Morris County;
2. Black Brook in Florham Park Borough, East
Hanover Township and Hanover Township, Morris County;
3. Dead River, downstream of Liberty Corner
Road in Bernards Township, Somerset County;
4. East Ditch, downstream of Jacksonville
Road in Pequannock Township, Morris County;
5. Harrison Brook, downstream of Lake Road in
Bernards Township, Somerset County;
6. Passaic River, between U.S. Route 202 in
Bernards Township, Somerset County, and Harding Township, Morris County, and
Beatties Dam in Little Falls Township, Passaic County;
7. Pequannock River, downstream of
Paterson-Hamburg Turnpike in Riverdale Borough, Morris County, and Pompton
Lakes Borough, Passaic County;
8.
Pompton River;
9. Ramapo River,
downstream of the Pompton Lake dam in Pompton Lakes Borough, Passaic
County;
10. Rockaway River,
downstream of the Boonton Reservoir dam in Boonton Town and Parsippany-Troy
Hills Township, Morris County;
11.
Wanaque River, downstream of Paterson-Hamburg Turnpike in Pompton Lakes
Borough, Passaic County;
12. West
Ditch, downstream of Jacksonville Road in Lincoln Park Borough, Morris County;
and
13. Whippany River, downstream
of State Route 10 in East Hanover and Hanover Townships, Morris County;
"Channel" means a linear topographic depression that
continuously or intermittently confines and/or conducts surface water, not
including transient erosional gullies and other ephemeral features that
temporarily form after heavy rainfall. A channel can be naturally occurring or
can be of human origin through excavation or construction, in which case it is
referred to as "manmade." A channel includes both bed and banks.
"Channel modification" means the reconfiguration or
reconstruction of all or part of a channel, such as by straightening,
relocating, lining, or excavating the channel, or by enclosing the channel
within a structure such as a pipe or culvert. The removal of accumulated
sediment and debris in accordance with a stream cleaning approval under this
chapter is not a channel modification.
"Charitable conservancy" means a corporation or trust that
meets the definition of a charitable conservancy at 13:8B-2. (Note: Effective
as of June 20, 2016, the definition of charitable conservancy at
13:8B-2is a corporation or trust whose purposes include the
acquisition and preservation of land or water areas or of a particular land or
water area, or either thereof, in a natural, scenic or open condition, no part
of the net earnings of which inures to the benefit of any private shareholder
or individual, and which has received tax exemption under section
501(c) of the 1954 Internal Revenue Code.)
"Coastal permit" means a permit or an authorization issued
under the Coastal Zone Management Rules, N.J.A.C. 7:7, pursuant to the Coastal
Area Facility Review Act, 13:19-1et seq., the Wetlands Act of
1970, 13:9A-1et seq., or the Waterfront Development Law,
12:5-3.
"Commissioner" means the Commissioner of the Department, or
his or her designated representative.
"Complete for review" means that an application for a
verification, an authorization under a general permit, or an individual permit
is both administratively and technically complete and is ready to be evaluated
by the Department for compliance with the applicable requirements of this
chapter.
"Conservation restriction" means a restriction, easement,
covenant, or condition, in any deed, will, or other instrument, other than a
lease, executed by or on behalf of the owner of the land, appropriate to
retaining land or water areas predominantly in their natural state, scenic or
open or wooded condition, or for conservation of soil or wildlife, or for
outdoor recreation or park use, or for public access to tidal waterways and
their shores, or as suitable habitat for fish or wildlife, to forbid or limit
any or all of the following:
1.
Construction or placing of buildings, roads, signs, billboards, or other
advertising, or other structures on or above the ground;
2. Dumping or placing of soil or other
substance or material as landfill, or dumping or placing of trash, waste, or
unsightly or offensive materials;
3. Removal or destruction of trees, shrubs,
or other vegetation;
4. Excavation,
dredging or removal of loam, peat, gravel, soil, rock, or other mineral
substance;
5. Surface use except
for the purposes permitting the land or water area to remain predominantly in
its natural condition;
6.
Activities detrimental to drainage, flood control, water conservation, erosion
control, or soil conservation, or fish and wildlife habitat preservation;
and/or
7. Other acts or uses
detrimental to the retention of land or water areas according to the purposes
of this chapter.
"Critical building" means a building that:
1. Is essential to maintaining continuity of
vital government operations and/or supporting emergency response, sheltering,
and medical care functions before, during, and after a flood, such as a
hospital, medical clinic, police station, fire station, emergency response
center, or public shelter; or
2.
Serves large numbers of people who may be unable to leave the facility through
their own efforts, thereby hindering or preventing safe evacuation of the
building during a flood event, such as a school, college, dormitory, jail or
detention facility, day care center, assisted living facility, or nursing home.
"Dam" means a structure defined as such in the Department's
Dam Safety Standards at N.J.A.C. 7:20.
"Department" means the New Jersey Department of Environmental
Protection.
"Department delineation" means the flood profiles, flood
elevations and/or detailed mapping of the flood hazard area and/or floodway,
promulgated by the Department. Appendix 2 of this chapter, incorporated herein
by reference, lists the Department delineated waters of New
Jersey.
"Documented habitat for threatened or endangered species"
means an area for which:
1. There is
recorded evidence of past use by a threatened or endangered species of flora or
fauna for breeding, resting or feeding. Evidence of past use by a species can
include, but is not limited to, sightings of the species or of its sign (for
example, skin, scat, shell, track, nest, herbarium records, etc.), as well as
identification of its call; and
2.
The
Department makes the finding that the area remains suitable for use by the
specific documented
threatened or endangered species during the normal
period(s) the species would use the habitat.
"Drainage area" means a geographic area within which water,
sediments and dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
"Drawing" means a graphic depiction of land, vegetation,
water, structures, and other physical features on paper, such as a blueprint,
construction plan, cross-section, topographic map, architectural rendering or
other similar illustration, which is submitted to the Department to describe an
existing or proposed activity or condition.
"Duplex" means a residential structure of two attached units
in which the interior living space of one unit directly abuts the interior
living space of the other unit, either in a side-by-side arrangement sharing a
common wall or in a lower unit-upper unit arrangement.
"Emergency authorization" means an authorization to
undertake a regulated activity, which is issued by the Department when certain
conditions exist that warrant immediate action to protect the environment
and/or public health, safety, and welfare, as described at N.J.A.C.
7:13-16.
"Engineer" means a professional engineer who is licensed to
practice in New Jersey.
"Engineering certification" means a document, signed and
sealed by a New Jersey licensed professional engineer, which confirms that one
or more requirements of this chapter are met, and which is accompanied by all
supporting documentation, calculations, and other information upon which the
certification is based. Upon clear and compelling evidence of a threat to
public health, safety, welfare, and the environment, a New Jersey licensed
professional engineer employed by the Department can reject an engineering
certification submitted under this chapter.
"Erosion" means the detachment and movement of soil or rock
fragments by water, wind, ice and/or gravity.
"Excavation" means removal or recovery of soil, minerals,
mineral substances or organic substances other than vegetation, from the land
surface or beneath the land surface, whether the land surface is exposed or
submerged. Excavation does not include the movement of material due to
erosion.
"FEMA" means the United States Federal Emergency Management
Agency.
"FEMA 100-year flood elevation" means the 100-year water
surface elevation at a given location, most recently released as an effective
FEMA base flood elevation, or any more recent advisory or proposed
(preliminary) flood elevation, if either elevation is higher than the effective
base flood elevation.
"FEMA flood mapping" means information published or publicly
released by FEMA regarding the frequency, location, and/or extent of flooding
in a community, such as flood elevations, flood profiles, flow rates, and
floodway limits, and including FEMA 100-year flood elevation as defined above.
For the purposes of this chapter, such information shall include only that
information adopted as part of the most recent effective FEMA Flood Insurance
Study, dated on or after January 31, 1980, or any more recent advisory or
proposed (preliminary) flood mapping, if the more recent advisory or proposed
(preliminary) mapping results in higher flood elevations, wider floodway
limits, or greater flow rates than depicted in the most recent effective FEMA
Flood Insurance Study, or indicates a change from an A zone to a V zone or
coastal A zone. Effective and proposed (preliminary) FEMA flood mapping can be
viewed at http://msc.fema.gov and
advisory flood mapping for coastal areas, where available, can be viewed at
http://www.region2coastal.com.
Questions regarding the availability, use, derivation, or modification of FEMA
flood mapping should be directed to FEMA at (800) 358-9616.
"Fill" means to deposit or place material on the surface of
the ground and/or under water. "Fill" also means the material being deposited
or placed. Fill includes, but is not limited to, concrete, earth, pavement,
rock, sand, soil, structures or any stored material such as building material,
construction equipment, landscaping material, piles of soil, stone or wood,
trash, vegetation in planters and/or root balls, and vehicles. Fill does not
include vegetation rooted in the ground, whether naturally occurring or
planted.
"Flood control project" means a structural or topographic
modification to a channel, flood hazard area and/or riparian zone, performed
for the public benefit and undertaken by a public entity, which is designed
primarily to reduce flood elevations, reduce the risk of damage from flooding
and/or protect an area from flooding or flood damage.
"Flood fringe" means the portion of the flood hazard area
that is outside the floodway.
"Flood hazard area design flood" means a flood equal to the
100-year flood plus an additional amount of water in fluvial areas to account
for possible future increases in flows due to development, climate change, and
other factors. This additional amount of water also provides a factor of safety
in cases when the 100-year flood is exceeded. N.J.A.C. 7:13-3 describes the
various methods of determining the flood hazard area design flood for a
particular water, as well as the additional amount of water to be added in
various situations.
"Flood hazard area" means land, and the space above that
land, which lies below the flood hazard area design flood elevation.
Structures, fill and vegetation that are situated on land that lies below the
flood hazard area design flood elevation are described as being "in" or
"within" the flood hazard area. The inner portion of the flood hazard area is
called the floodway and the outer portion of the flood hazard area is called
the flood fringe. Figures A and B at 7:13-2.3 illustrate these areas as well as
the riparian zone along a typical water. The flood hazard area on a particular
site is determined using the methods set forth at N.J.A.C. 7:13-3. There are
two types of flood hazard areas:
1.
Tidal flood hazard area, in which the flood hazard area design flood elevation
is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal
flood hazard area may be contributed to or influenced by stormwater runoff from
inland areas, but the depth of flooding generated by the tidal rise and fall of
the Atlantic Ocean is greater than flooding from any fluvial sources;
and
2. Fluvial
flood hazard area,
in which the
flood hazard area design flood elevation is governed by
stormwater
runoff. Flooding in a fluvial
flood hazard area may be contributed to or
influenced by elevated
water levels generated by the tidal rise and fall of the
Atlantic Ocean, but the depth of flooding generated by
stormwater runoff is
greater than flooding from the Atlantic Ocean.
"Flood hazard area design flood" means a flood equal to the
100-year flood plus an additional amount of water in fluvial areas to account
for possible future increases in flows due to development or other factors.
This additional amount of water also provides a factor of safety in cases when
the 100-year flood is exceeded. N.J.A.C. 7:13-3de scribes the various methods
of determining the flood hazard area design flood for a particular water as
well as the additional amount of water to be added in various
situations.
"Flood hazard area design flood elevation" means the peak
water surface elevation that will occur in a water during the flood hazard area
design flood.
"Flood hazard area permit" or "permit" means a permit or an
authorization issued under this chapter pursuant to the Flood Hazard Area
Control Act.
"Flood-proofing" means measures applied to a building that
are intended to prevent or provide resistance to displacement, buoyancy, and
damage from flooding up to a certain elevation, so as to eliminate or reduce
potential flood damage to the building and its contents. There are two types of
flood-proofing:
1. Wet flood-proofing,
which are measures that allow floodwaters to enter a building, and thereby
balance hydrostatic pressure on the structure during a flood. Wet
flood-proofing generally includes using flood-resistant materials, protecting
mechanical and utility equipment, and using openings or breakaway walls;
and
2. Dry
flood-proofing, which
are measures that prevent floodwaters from entering a
building. Dry
flood-proofing generally includes making the
building watertight through
sealing openings, installing waterproof doors and windows, or sealing walls
with waterproof coatings, impermeable membranes, and/or a supplementary layer
of masonry or concrete.
"Floodway" means land, and the space above that land, which
lies within the inner portion of the flood hazard area, and which is
mathematically determined to be required to carry and discharge floodwaters
resulting from the 100-year flood under certain conditions. The floodway always
includes the channel and often includes land adjacent to the channel. The
floodway is normally characterized by faster and deeper flows than the flood
fringe, which is the portion of the flood hazard area outside the
floodway.
"Freshwater wetlands" means an area defined as such under the
Freshwater Wetlands Protection Act rules at 7:7A-1.4.
"Grace period" means the period of time afforded under the
Grace Period Law, 13:1D-125 et seq., for a person to correct a minor violation
in order to avoid imposition of a penalty that would otherwise be applicable
for such violation.
"Grading" means the movement of soil or other material on the
surface of the ground by humans resulting in a change in topography.
"Habitable building" means a building that is intended for
regular human occupation and/or residence. Examples of a habitable building
include a single-family home, duplex, multi-residence building, or critical
building; a commercial building such as a retail store, restaurant, office
building, or gymnasium; an accessory structure that is regularly occupied, such
as a garage, barn, or workshop; mobile and manufactured homes, and trailers
intended for human residence, which are set on a foundation and/or connected to
utilities, such as in a mobile home park (not including campers and
recreational vehicles); and any other building that is regularly occupied, such
as a house of worship, community center, or meeting hall, or animal shelter
that includes regular human access and occupation. Examples of a non-habitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter for animals
such as a doghouse or outdoor kennel.
"Hazardous substance" means material defined as such in the
Spill Compensation and Control Act, N.J.S.A. 58:10 23.11.
"Highlands Preservation Area" means that geographic portion
of the State described in the Highlands Water Protection and Planning Act at
13:20-7(b)1.
"Hydraulic capacity" means the ability of a channel, flood
hazard area or structure to conduct water. Hydraulic capacity is a function of
cross-sectional area, hydraulic friction, shape, skew, slope and the presence
or absence of obstructions.
"Impervious surface" means a surface that is covered with a
layer of material so that it is highly resistant to infiltration by
water.
" In-kind" or "in-kind replacement" means the reconstruction
or replacement of all or a portion of a lawfully existing structure without
altering the location, orientation, physical dimensions, and hydraulic capacity
of the structure. For example, the in-kind replacement of a bridge or culvert
is one in which the reconstructed or replaced structure is the same shape,
cross-sectional area, width, height, and length as the existing structure, is
constructed of materials hydraulically equivalent to the existing structure,
and is situated in the same location, and at the same orientation and invert
elevation, as the existing structure.
"Invasive plant species" means a plant species that is
non-native (or alien) to the ecosystem under consideration and whose
introduction causes or is likely to cause economic or environmental harm or
harm to human health.
"Invert" means the lowest point in a given cross-section of a
channel, as well as the lowest point on the inside of a pipe, culvert or any
other structure with an opening such as a flood vent.
"Jacking" means the placement of an underground utility line
beneath a channel by means of horizontally pushing, drilling or otherwise
forcing through the earth below the channel in such a way that the channel is
not disturbed.
"Land surveyor" means a professional land surveyor who is
licensed to practice in New Jersey.
"Lawfully existing" means an existing fill, structure and/or
use, which meets all Federal, State and local laws, and which is not in
violation of this chapter because it was established:
1. Prior to January 31, 1980; or
2. On or after January 31, 1980, in
accordance with the requirements of this chapter as it existed at the time the
fill,
structure and/or use was established.
"Low dam" means an artificial dike, levee or other barrier,
which is constructed for the purpose of impounding water on a permanent or
temporary basis, but which does not raise the water surface elevation enough to
meet the definition of a dam.
" Low-flow aquatic passage" means the ability of aquatic
species to travel upstream and downstream in a waterway without impediment
during low-flow conditions in a channel. Natural channel beds often possess
small rivulets that serve to provide aquatic passage in this way during
low-flow conditions, which can occur during dry periods of the year. Bridges,
culverts and other manmade structures may also be designed to provide low-flow
aquatic passage by inclusion of a linear depression throughout the bottom of
the structure in the direction of flow, which collects water during low-flow
conditions and allows aquatic species to pass through the structure without
impediment.
"Lowest floor" means:
1. The bottom of the lowest supporting
horizontal structural member of a building, where any portion of the building
is located within a V zone or a coastal A zone, as delineated or otherwise
defined by FEMA; and
2. The top
surface of the floor of the lowest enclosed area of any
building not located
within a V zone or coastal A zone, excluding any unfinished or flood-resistant
enclosure that is usable solely for vehicle parking,
building access, or
limited storage, and is constructed in compliance with this chapter.
"Method 1" or the "Department delineation method" means the
method of determining the flood hazard area design flood elevation and floodway
limit from State adopted delineations, as described at 7:13-3.3.
"Method 2" or the "FEMA tidal method" means the method of
determining the tidal flood hazard area design flood elevation and floodway
limit from FEMA flood mapping, as described at 7:13-3.4(d)
.
"Method 3" or the "FEMA fluvial method" means the method of
determining the fluvial flood hazard area design flood elevation and floodway
limit from FEMA flood mapping, as described at 7:13-3.4(e)
.
"Method 4" or the "FEMA hydraulic method" means the method
of determining the flood hazard area design flood elevation and floodway limit
by calculation using flow rate data from FEMA flood mapping, as described at
7:13-3.4(f) .
"Method 5" or the "approximation method" means the method of
determining the flood hazard area design flood elevation from the charts in
chapter Appendix 1, incorporated herein by reference, as described at
7:13-3.5.
"Method 6" or the "calculation method" means the method of
determining the flood hazard area design flood elevation and floodway limit by
calculation using flow rates provided by an applicant for a verification under
this chapter, as described at 7:13-3.6.
"Mitigation bank" means an operation in which riparian zone
vegetation is created, restored, enhanced, or preserved by a mitigation bank
operator, for the purpose of providing compensatory mitigation for disturbances
to riparian zone vegetation.
"Modification" means a document issued by the Department to
revise a valid, previously issued verification, authorization under a general
permit, or individual permit as described at
N.J.A.C.
7:13-22.5 and 6.
"Multi-residence building" means any building intended to
provide three or more units of temporary or permanent residence for humans.
Examples of a multi-residence building include an apartment building,
condominium complex, townhouse complex, hotel, motel, and any mixed-use
building that contains three or more units of temporary or permanent residence.
A single-family home, duplex, or critical building as defined in this section
is not a multi-residence building.
"NGVD" means the national geodetic vertical datum of 1929,
which is the reference datum for all surveying, topography and elevations
described in this chapter.
" Non-trout water" means a water that is defined as such in
the Department's Surface Water Quality Standards at N.J.A.C. 7:9B. A non-trout
water is a water that is not trout production, trout maintenance or trout
stocked.
"NRCS" means the United States Department of Agriculture
Natural Resource Conservation Service.
"Obstruction" means material placed and/or situated in a
flood hazard area that can impede or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such
water.
" 100-year flood" in fluvial areas means a flood that has a
one percent probability of being equaled or exceeded within a one-year period
for a given geographic location and/or watershed. In tidal areas, a "100-year
flood" means a flood caused by a tidal surge in the Atlantic Ocean, which has a
one percent probability of being equaled or exceeded within a one-year
period.
"100-year flow rate" means the peak rate at which floodwaters
would flow in a given water during a 100-year flood.
"Permit-by-rule" means a flood hazard area permit to
undertake a regulated activity for which the terms and conditions are
established in a rule promulgated under this chapter at N.J.A.C. 7:13-6 and 7
and that is effective without prior written approval from the Department,
provided all requirements established for that activity in the applicable
permit-by-rule are satisfied.
"Person" means an individual, corporation, corporate officer,
partnership, association, the Federal government, the State, a municipality, a
commission or political subdivision of the State or any interstate body.
"Pinelands water" means a water designated as such in the
Department's Surface Water Quality Standards at N.J.A.C.
7:9B.
"Private roadway" means a roadway for use by vehicles,
including a driveway or access road, which is not a public roadway as defined
in this section.
"Project" means all regulated activities occurring and
proposed on a site, whether undertaken concurrently or in phases.
"Public roadway" means a roadway for use by vehicles,
including a driveway or access road, which is intended for public use and is
constructed by or on behalf of the Federal, State, county, or municipal
government. A public roadway does not include a roadway constructed as part of
a private development, regardless of whether the roadway is ultimately to be
dedicated to and/or maintained by a governmental entity.
"Public transportation entity" means a Federal, State,
county, or municipal government, an independent State authority, or a
statutorily authorized public-private partnership program pursuant to
P.L.
2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public
roadway or railroad project that includes new construction, expansion,
reconstruction, or improvement of a public roadway, parking area, or
railroad.
"Reconstruct" means to patch, mend, replace, rebuild and/or
restore a lawfully existing structure to a usable condition after decay or
damage has occurred, in which 50 percent or greater of the structure is
replaced and/or the size, shape or location of the structure is altered. For
habitable buildings, the percentage of replacement shall be determined by
comparing the cost of the reconstruction to the market value of the building as
determined before the start of construction; where the percentage of
replacement is 50 percent or greater, such reconstruction shall also constitute
a substantial improvement as defined in this section. For all other structures,
the percentage of replacement shall be determined by comparing the area of the
structure being reconstructed to the total area of the structure.
"Regulated activity" or "activity" means an activity that is
regulated under this chapter as described at 7:13-2.4 . Some
regulated activities, when performed in a certain manner or to a specified
degree, are permitted-by-rule at N.J.A.C. 7:13-6 and 7. All regulated
activities that are not permitted-by-rule require a general
permit-by-certification under N.J.A.C. 7:13-6 and 8, a general permit under
N.J.A.C. 7:13-6 and 9, an individual permit under N.J.A.C. 7:13-10, 11, and 12,
an emergency authorization under N.J.A.C. 7:13-16, or a coastal permit under
N.J.A.C. 7:7 prior to commencement.
"Regulated area" means the flood hazard area and riparian
zone along a regulated water, as described at
N.J.A.C.
7:13-2.3.
"Regulated water" means a water subject to this chapter as
described at 7:13-2.2.
"Repair" means to patch, mend, replace, rebuild and/or
restore a lawfully existing structure to a usable condition after decay or
damage has occurred, in which less than 50 percent of the structure is replaced
and the size, shape or location of the structure is not altered. For habitable
buildings, the percentage of replacement shall be determined by comparing the
cost of the repair to the market value of the building as determined before the
start of construction; where the percentage of replacement is less than 50
percent, such repair shall not constitute a substantial improvement as defined
in this section. For all other structures, the percentage of replacement shall
be determined by comparing the area of the structure being repaired to the
total area of the structure.
"Revision" means a document issued by the Department to
revise a Department delineation as described at
N.J.A.C.
7:13-3.7 and 3.8.
"Riparian zone" means the land and vegetation within and
adjacent to a regulated water as described at 7:13-4.1 and illustrated at
N.J.A.C.
7:13-2.3.
"Sediment" means solid material, mineral or organic, that is
in suspension, is being transported or has been moved from its site of origin
by air, water, ice or gravity as a product of erosion.
"Site" means the area within the legal boundary of the
property, properties or right-of-way upon which any action under this chapter
is requested, proposed, occurring or has occurred, plus any contiguous land
owned or controlled by the same person(s). The legal boundary of a property is
set forth in the deed(s) of the property. The legal boundary of a right-of-way
is set forth in the document creating the right-of-way.
"Site plan" means a graphic depiction of land, vegetation,
water, structures, and other physical features on paper, such as a blueprint,
construction plan, cross-section, topographic map, architectural rendering, or
other similar illustration, which is submitted to the Department to describe an
existing or proposed activity or condition.
"Soil bioengineering" means the method of stabilizing eroded
banks using vegetation, and sometimes in conjunction with other natural
materials, as described at section 650.1601(d)(2) of Chapter 16 in the USDA
Natural Resource Conservation Service Engineering Field Handbook, published
December 1996, incorporated herein by reference. Copies of the Engineering
Field Handbook can be obtained from local NRCS offices.
"Soil Conservation District" means a governmental
subdivision of this State, and a public body corporate and politic, organized
in accordance with 4:24-1et seq. Each Soil Conservation
District administers New Jersey Department of Agriculture programs for one or
more counties. Soil Conservation Districts are overseen by the New Jersey State
Soil Conservation Committee in the New Jersey Department of Agriculture, which
promulgates the Standards for Soil Erosion and Sediment Control in New Jersey
at N.J.A.C. 2:90. For the purposes of this chapter only, the
term "Soil Conservation District" shall include any exempt municipality
authorized to enforce the Standards for Soil Erosion and Sediment Control by
ordinance pursuant to 4:24-48.
"Solid waste" means any garbage, refuse, sludge or any other
material defined as solid waste in the Solid Waste Rules at 7:26-1.6.
"Solid waste facility" means a facility that is licensed by
the State to receive, store and/or process solid waste.
"Species of special concern" means a species that warrants
special attention because of inherent vulnerability to environmental
deterioration or habitat modification that would result in its becoming
threatened if conditions surrounding the species begin or continue to
deteriorate. Factors that can lead to classification as special concern
include, but are not limited to, species rarity in the State, highly
specialized food and/or habitat requirements, low reproductive rate, isolated
populations of the species within the State, and/or other characteristics that
make the species particularly susceptible to environmental or habitat changes.
This category includes a species that meets the foregoing criteria and for
which there is little understanding of its current population status in the
State.
"Stormwater" means water resulting from precipitation
(including rain and snow) that runs off the land's surface, is transmitted to
the subsurface or is captured by separate storm sewers or other sewage or
drainage facilities.
"Stormwater management basin" means an impoundment created by
constructing an embankment, excavating a pit and/or erecting or placing a
structure, for the purpose of managing stormwater runoff. A stormwater
management basin can be designed to be normally dry (as in a detention or
infiltration basin), retain a permanent pool of water (as in a retention basin
or wet pond), and/or be planted mainly with vegetation suitable for freshwater
wetlands (as in most constructed stormwater wetlands).
"Stormwater runoff" means water flow on the surface of the
ground or in storm sewers, resulting from precipitation.
"Structure" means any assemblage of material by humans,
including, but not limited to, a berm, bridge, bulkhead, building, cable,
causeway, culvert, dam, dike, embankment, fence, guiderail, jetty, levee,
pavement, piling, pipe, post, railroad, retaining wall, roadway, stormwater
management basin or facility, tower, utility pole, or wire. Vegetation is not a
structure. Soil bioengineering material that includes vegetation as well as
other material is a structure.
"Substantial damage" means damage of any origin sustained by
a structure whereby the cost of restoring the structure to its condition before
damage would equal or exceed 50 percent of the market value of the structure
before the damage occurred. Restoration of a substantially damaged structure
shall constitute a substantial improvement as defined in this
section.
"Substantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure as
determined before the start of construction of the improvement. This term
includes structures that have sustained substantial damage regardless of the
actual repair work performed. Substantial improvement does not include:
1. Any project for improvement of a structure
to correct existing violations of State or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
officer and which are the minimum necessary to assure safe living conditions;
or
2. Any alteration of a
building
designated by the State as an historic
structure, provided that the alteration
will not preclude the
structure's continued designation as an historic
structure.
"Technically complete" means that each item included in an
application for a verification, an authorization under a general permit, or an
individual permit provides sufficient information for the Department to declare
the application complete for review.
"Temporary" means a regulated activity that occupies,
persists, and/or occurs on a site for no more than six months. For example, a
fill or structure is temporary if, within six months of its placement, the fill
or structure is removed from the site, all disturbed regulated areas are
restored to their original topography, and all necessary measures are
implemented to ensure that the original vegetative cover onsite is restored to
its previous (or an improved) condition. Where a disturbance associated with
certain regulated activities, such as hazardous substance remediation or solid
waste facility closure, is intended to be temporary but will exceed six months
in duration because of the nature of the activity, the Department will consider
the disturbance to be temporary for purposes of this chapter provided the
disturbed areas are restored to their original topography, and all necessary
measures are implemented to ensure that the original vegetative cover onsite is
restored to its previous (or an improved) condition.
"Threatened or endangered species" means a species identified
pursuant to the Endangered and Nongame Species Conservation Act, 23:2A-1 et
seq., the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.
or the Endangered Plant Species List, 7:5C-5.1, and any subsequent amendments
thereto.
"Top of bank" means the upper limit of the bank of a
regulated water, which is typically characterized by an observable change or
break in the slope of the land. Where the top of bank is not discernible along
the regulated water, the top of bank shall be considered:
1. The feature's centerline, for a linear
regulated water that has a drainage area of less than 150 acres;
2. The limits of the two-year flood, for a
linear regulated water that has a drainage area of 150 acres or more;
3. The normal
water surface limit, for:
i. A linear fluvial regulated water that
contains water at all times and has a drainage area of 10 square miles or more;
or
ii. A non-linear fluvial
regulated water, such as a lake or pond;
4. The mean high water line, for a non-linear
tidal regulated water, such as a bay or inlet; and
5. The feature's centerline, for an amorphous
or irregularly-shaped feature, such as a wetland complex through which a
regulated water flows but lacks a discernible or coherent
channel.
"Trout maintenance water" means a section of water designated
as trout maintenance in the Department's Surface Water Quality Standards at
N.J.A.C. 7:9B.
"Trout production water" means a section of water identified
as trout production in the Department's Surface Water Quality Standards at
N.J.A.C. 7:9B.
"Trout stocked water" means a section of water stocked with
trout by the Department's Division of Fish and Wildlife and listed in N.J.A.C.
7:25-6.
"Unsecured material" means the following:
1. A structure that is not secured to resist
flotation, collapse, and displacement due to hydrostatic and hydrodynamic
forces from floodwaters; and
2.
Material placed on the surface of the ground, which would likely become
buoyant, mobile, or lifted by
water during a flood, or otherwise be transported
offsite by floodwaters. Examples include
building material, construction
equipment, landscaping material, patio furniture, piles of soil, stone, or
wood, trash, vegetation in planters or root balls, and vehicles.
"USDA" means the United States Department of
Agriculture.
"USGS quad map" means a topographic quadrangle map issued by
the United States Geological Survey (USGS), 7.5 minute series, drawn at a scale
of 1:24,000.
"Utility line" means a pipe, cable, line or wire for the
transport or transmission of gases, liquids, electrical energy or
communications. This term includes a pole or tower required to support a
utility line, but does not include a tower that only transmits or receives
electromagnetic waves through the air, such as for radio, television or
telephone transmission.
"Verification" means a document issued by the Department
under 7:13-5.1 , which establishes the flood hazard area
design flood elevation, flood hazard area limit, floodway limit, and/or
riparian zone limit on a site or any portion of a site.
"Water" means a collection of water on the surface of the
ground, including, but not limited to, a bay, brook, creek, ditch, lake, pond,
reservoir, river, or stream. A water also includes the path or depression
through which the water flows or is confined. A water can be either
naturally-occurring or resulting from human activity, in which case it is
referred to as "manmade." A naturally-occurring water that is piped, relocated,
or otherwise modified remains a naturally-occurring water for the purposes of
this chapter. An underground pipe or culvert that conveys stormwater runoff is
not a water unless the pipe or culvert was constructed to enclose, replace, or
divert a previously existing, naturally-occurring water. (Note: Not all waters
are regulated.)
"Water control structure" means a structure within or
adjacent to a water, which intentionally or coincidentally alters the hydraulic
capacity, design flood elevation, flood hazard area limit and/or floodway limit
of the water. Examples of a water control structure include a bridge, culvert,
dam, embankment, ford (if above grade), retaining wall and weir.
"Water surface elevation" means the elevation of the surface
of a water, measured in feet NGVD, and determined either by special calculation
or gauge. For the purposes of determining compliance with a requirement of this
chapter, a water surface elevation is rounded to the nearest 0.1
feet.
