Flood Hazard Area Control Act Regulation Highlights

Transcription

1 WELCOME

2 Flood Hazard Area Control Act Regulation Highlights

3 PURPOSES Minimize damage to life and property Preserve surface water quality Protect stream and stream buffer dependent wildlife and vegetation

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5 FLOWING WATER CAN BE POWERFUL

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7 Regulated Waters - All Waters that are NOT: Manmade canals Coastal wetlands Waters with less than 50 acres drainage WHERE: there is NO DISCERNABLE channel they are in a conveyance structure and were NEVER a naturally occurring water are NOT connected to regulated waters

8 THE FLOOD HAZARD AREA

9 FLOOD HAZARD AREA All regulated waters that drain 50 or more acres In non-tidal areas, 100-year flood plus an added amount to account for future changes In tidal areas, the 100-year flood

10 THE RIPARIAN AREA All Size Watersheds

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12 Riparian Zone Regulated Area All waters, and Waters with less than 50 acres drainage IF: there is a DISCERNABLE channel they are in a conveyance structure that was formerly a naturally occurring water were formerly naturally occurring waters but now in a conveyance structure and are connected to regulated waters

13 300 along both sides of Category One waters and upstream tributaries 150 along both sides of waters not Category one: trout production water and upstream waters trout maintenance waters and all waters one mile lineally, upstream segment flowing through an area having threatened or endangered animal and plant species (and upstream tribs within 1 mile). Segment of water flowing through acid producing soils 50 along both sides of all other regulated waters

14 Riparian Area Demonstrations Basic purpose can t t be done elsewhere Disturbance is eliminated where possible and minimized Temporarily cleared or removed vegetation must be replanted with native plants and maintained All other conditions of a proposed project must be satisfied

15 2:1 Compensation If DEP permits exceedence of riparian area disturbance: area must be replanted compensation area must be deed- restricted

16 2 Areas of Jurisdiction Flood Hazard Areas and Riparian Areas frequently overlap

17 REGULATED ACTIVITIES Alteration of topography Clearing, cutting or removal of vegetation Creation of impervious surface Storage of unsecured material Construction, reconstruction or enlargement of a structure Conversion of a building into a private residence or a public building

18 Process Facilitation Applicability Determination Not required Five year duration unless regulations change Verifications (of flood hazard design elevation, floodway limits, riparian zone limits)

19 REGULATIONS SET STANDARDS FOR DIFFERENT TYPES OF PERMITS Permits-by Rule (licenses) if no engineering calculations & structures anchored (46) General Permits need prior DEP approval and meet standards (stream cleaning, ag.. activities, relocation/reconstruction of damaged bldgs.) Individual Permits Individual project review by DEP. 90-day review period Emergency Permits Emergency Permits - to protect the environment and/or public health, safety and welfare.

20 Permits-by by-rule (46) Normal Property Maintenance Removing or repairing existing structure Constructing a fence Maintaining man-made made canal Utility activities Existing road and bridge repair Constructing an above-ground recreational

21 General Permits (16) Notification within 45 days if NOT approved Stream Cleaning Scour Protection Various agricultural activities Relocation & reconstruction of damaged buildings Maintenance of stormwater structures Some activities along small streams and in tidal flood hazard areas (utility lines, roadway or bridge crossings, stormwater outfall)

22 Individual Permits Standards for the area of the project Projects in the channel (bridge, cleaning) Projects in the flood hazard area (generally, no net fill) Projects in the riparian area (handout) Projects in waters with fishery resources, in landscape areas, acid waters Standards for the project itself

23 T AND E SPECIES DEPENDENT ON STREAMS FOR SURVIVAL Applications for verifications, general permits or individual permits must: Include analysis of project s s impact and identification of all T and E species on site and those within one mile of project site

24 Net Fill (Flood Storage Volume) Up to 20% is allowed under very specific conditions provided all fill is mitigated off site, but near by. Compensation must be on nearby site and cause no environmental harm

25 Public Notice - Display ad or legal notice in official newspaper - Required for Individual Permits & Verifications only 30 days before submission 3 copies to Town Clerk 3 copies to Town Clerk of towns within 1 mile * 1 copy to the County Clerk 1 copy to property owners within 200 ** For 5000 sq ft disturbance, 1 copy to Soil Conservation District ** * 1 copy for verifications ** No copy for verifications

26 Public Hearing If significant interest 10 or more requests Serve the public interest due to unusual situation or increased risk of flooding

27 Municipal Stream Buffer Ordinance If more protective or stronger than DEP Flood Haz. Regulations, the municipal ordinance will be the enforceable one. (Based on Clean Water Act which allows locally stronger standards.)

28 What Commissions Can Do Work with Town Clerk to insure receipt of public notice of Flood Haz applications Encourage a strong stream buffer ordinance Inform citizens about importance of stream buffers Inform citizens of individual actions to protect water resources (fertilizer or pesticide use, motor oil disposal, car washing).