NJDEP PROPOSES TO CHANGE FLOOD HAZARD AREA CONTROL ACT RULES

NJDEP PROPOSES TO CHANGE FLOOD HAZARD AREA CONTROL ACT RULES NJDEP has prpsed far-reaching regulatins which culd effect stream encrachment wetlands and buffers alng streams and tidal areas. Key highlights are: There are tw distinct and verlapping areas f jurisdictin: The fld hazard area The riparian zne Apprximately 35% f New Jersey lies in a fld hazard area The riparian Zne measures 50, 150 r 300 feet frm a regulated water (currently 25 r 50 feet) Prpsed New Rules Prpsed Octber 2, 2006 - Curtesy cpy at: www.nj.gv/dep/landuse Planned fr adptin Mid/Late 2007 Rules affected: Fld Hazard Area Act rules Castal Permit Prgram Rules Castal Zne Management Rules Ninety-Day Cnstructin Permits N Adverse Impact Theme: Ensuring that the actin f ne prperty wner des nt adversely impact the rights f ther prperty wners, as measured by increased fld peaks, fld stage, fld velcity, and ersin and sedimentatin Jurisdictin Three Steps Determine if yu are alng a regulated water Determine if yu are within a regulated area alng this water Determine if yu are prpsing a regulated activity Regulated Waters All waters in New Jersey are regulated except: Manmade channels Castal wetlands Any water that drains less than 50 acres if: - The water has n definable channel OR - The water is cnfined within a lawfully existing, manmade cnveyance structure r drainage feature, such as a pipe, culvert, ditch, channel r basin, nt including natural channels that were previusly mdified OR - The water is nt cnnected t a regulated water by a channel r pipe, such as an islated pnd r depressin that has n utlet. Regulated Areas A fld hazard area exists alng every regulated water that has a drainage area f 50 acres r mre A riparian zne exists alng every regulated water, except there is n riparian zne alng the Atlantic Ocean nr alng any manmade lagn r ceanfrnt barrier island, spit r peninsula

Regulated Activities The alteratin f tpgraphy thrugh excavatin, grading r placement f fill The clearing, cutting, r remval f vegetatin in a riparian zne The creatin f impervius surface The cnstructin, recnstructin and/r enlargement f a structure The cnversin f a building int a private residence r a public building The strage f unsecured material Permit Requirement Befre undertaking a regulated activity in a regulated area, yu must first btain ne f the fllwing fr the wrk: - A permit-by-rule (N.J.A.C. 7:13-7) - A general permit (N.J.A.C. 7:13-8) - An individual permit (N.J.A.C. 7:13-9, 10 & 11) - An emergency permit (N.J.A.C. 7:13-12) - A castal permit (N.J.A.C. 7:7 and 7:7E) Castal vs. FHA Rules The list f exempt tidal waters is prpsed fr deletin s that all waters in NJ will be regulated under the FHA rules New special area created fr the riparian zne in Castal rules at N.J.A.C. 7:7E-3.26 Castal rules will crss-reference prpsed FHA rules All castal permits will therefre need t meet all FHA standards Since all castal prjects must nw meet all FHA standards, getting a castal permit satisfies FHA permitting requirements yu will never need bth permits fr same activity Grandparenting Yu are grandparented frm the new rules if, prir t their adptin, yu: - Submit a cmplete applicatin fr a stream encrachment r castal permit (and subsequently btain the permit) OR - If yu d nt need a stream encrachment r castal permit under the current rules: Yu must btain a final municipal building r cnstructin permit OR If n municipal building r cnstructin permit is needed, yu must begin cnstructin Fld Hazard Area Area inundated by the fld hazard area design fld In tidal areas: equal t 100-yr (1%) fld In fluvial areas: equal t 100-yr (1%) fld plus a factr f safety - Existing rules require assumptin f full develpment f upstream watershed - Prpsed rules add different factrs f safety depending n the mapping resurces available Six methds available t determine the fld hazard area depending n the available mapping and type f prject - Methd 1 (Department delineatin methd) - Methd 2 (FEMA tidal methd) - Methd 3 (FEMA fluvial methd) - Methd 4 (FEMA hydraulic methd) - Methd 5 (Apprximatin methd) - Methd 6 (Calculatin methd)

Riparian Zne Existing stream buffer is: - 50 ft alng C1 waters, and waters with trut, T&E species r acid prducing sils - 25 ft alng all ther waters Prpsed riparian zne is: - 300 ft alng C1 waters & sme tributaries - 150 ft alng waters with trut, T&E species r acid prducing sils - 50 ft alng all ther waters Alng a linear fluvial r tidal water, such as a stream r swale, the riparian zne is measured landward f the feature s centerline Alng a nn-linear tidal water, such as a bay r inlet, the riparian zne is measured landward f the mean high water Alng an amrphusly shaped feature, such as a wetland cmplex, thrugh which a regulated water flws but which lacks defined channel, the riparian zne is measured landward f the feature s centerline 300-ft Riparian Zne Applies alng any C1 water and all tributaries in same HUC14 watershed Nt the same as the 300-ft special water resurce prtectin area under strmwater management rules Prpsed riparian zne applies t: All C1 waters under the jurisdictin f fld hazard area rules (see regulated waters at N.J.A.C. 7:13 2.2) Special water resurce prtectin area applies t: Only thse C1 waters shwn n USGS quads r lcal sil survey, that are assciated with majr develpment (if 1 acre disturbance r if 1/4 acre impervius surface prpsed) 150-ft Riparian Zne Applies alng the fllwing waters: Any upstream tributary trut prductin water Any trut maintenance water and all upstream tributaries within ne mile Any segment f a water flwing thrugh an area that cntains dcumented habitat fr threatened r endangered species f plant r animal, which is critically dependent n the regulated water fr survival and all upstream tributaries within ne mile Any segment f a water flwing thrugh an area that cntains acid prducing sils 50-ft Riparian Zne Applies t all waters in the State that d nt have a 150-ft r 300-ft riparian zne *Nte: mre waters will have a 50-ft riparian zne that a 150-ft r 300-ft zne Permit Requirement Befre undertaking a regulated activity in a regulated area, yu must first btain ne f the fllwing fr the wrk: A permit-by-rule (N.J.A.C. 7:13-7) A general permit (N.J.A.C. 7:13-8) An individual permit (N.J.A.C. 7:13-9, 10 & 11) An emergency permit (N.J.A.C. 7:13-12) A castal permit (N.J.A.C. 7:7 and 7:7E) Applicability Determinatin

Free applicatin t NJDEP t verify whether a permit is needed fr a particular activity Called a jurisdictinal determinatin under the existing rules Verificatin Applicatin t NJDEP t verify the extent f a fld hazard area n a site Similar t a freshwater wetlands letter f interpretatin Separate frm a permit applicatin N mre stream encrachment lines Permits-by-rule 46 permits-by-rule are prpsed - Minr repair and maintenance activities - Activities assciated with an existing hme r business - Other minr cnstructin activities N applicatin necessary - require prir ntificatin via mail r email s NJDEP can inspect wrk General permits 16 general permits are prpsed - Minr repair and maintenance activities by lcal gvernments (sediment remval, bridge scur prtectin, etc.) - Agricultural activities under NRCS versight - Minr cnstructin activities alng water that drain less than 50 acres Simplified applicatin - $500 applicatin fee and 45-day review Individual permits Fr all activities nt cvered by a permit-by-rule r general permit Mst applicatins under the new rules will be individual permits (unlike freshwater wetlands and castal permit prgrams) Applicatin review standards and general cnditins in sub 9 Area-specific standards in sub 10 - Based n where a prject is lcated (channel, fld fringe, riparian zne, etc.) Activity-specific standards in sub 11 - Based n the type f prject (bridge, building, rad, bank stabilizatin, etc.) Other apprvals Emergency permit (N.J.A.C. 7:13-12) Revisin t a verificatin, general permit, individual permit r a State adpted fld study (N.J.A.C. 7:13-13) Transfer f an apprval t anther wner (N.J.A.C. 7:13-14) Prject Standards Numerus new standards are prpsed - Riparian zne disturbance (7:13-10.2) - 0% net fill (7:13-10.4) - Elevating buildings (7:13-11.5) Riparian Zne Disturbance Nt a prhibitin n cnstructin - Disturbance must be justified - Each activity has limits n disturbance

Designed t preserve vegetatin - Redevelpment f nn vegetated areas is nt hindered, except that it shuld be pulled back at least 25 feet frm bank where pssible Examples f activities allwed under certain circumstances - Rad crssings - Utility lines - Bank stabilizatin - Strmwater discharge - One-huse and apartment structures - Fld cntrl prject All wrk must meet 3 basic criteria: - The basic purpse f the prject be accmplished n site withut disturbing vegetatin in the riparian zne - Disturbance t the riparian zne is eliminated where pssible, where nt pssible t eliminate, disturbance minimized thrugh methds including lcating the prject in the prtins f the riparian zne where previus develpment r disturbance has ccurred. - All temprary cleared disturbance remved vegetatin within riparian zne is replaced with indigenus, nn-invasive vegetatin upn cmpletin f prject Plus, additinal specific criteria must be met fr each activity. Fld Strage Displacement Prpsed rules - 0% net-fill Statewide *Nte: net-fill nly applied in nn-tidal areas Up t 20% net-fill allwed n site prvided all fill is cmpensated by an equal cut in same fldplain ff site Cmpensatry fld strage cannt: - be in a fldway - be separated frm the fill by a water cntrl structure (bridge, dam, etc.) in mst cases - be in an undisturbed riparian zne, SWRPA r Highlands Preservatin Area buffer - be in a difference HUC14 watershed as the fill - cause significant adverse envirnmental cnsequences Certain activities are exempt see 10.4(d): - Any activity in a tidal fld hazard area - Any activity that displaces n mre than 5 cubic yards f fld strage vlume - The recnstructin f a lawfully existing railrad r public radway, including any imprvement r enlargement, prvided fld strage vlume displacement is minimized - The cnstructin r imprvement f a driveway acrss a regulated water (in certain cases) - The cnstructin f ne private residence (in certain cases) - The cnstructin f a fld cntrl prject, prvided fld strage vlume displacement is minimized - The depsiting f sediment remved frm a channel (in certain cases) - Elevating structures Lwest habitable flr f buildings must be cnstructed at least 1 ft abve the fld hazard area design fld elevatin

Nte: when FEMA maps are used, the fld hazard area design fld is 1 ft abve the FEMA 100-year fld in nn-tidal areas. S lwest flr must be cnstructed 2 feet abve FEMA 100-year elevatin. Open area beneath a structure must be: - A garage under 625 square feet in ftprint OR - A crawl space that is nt mre than 6 feet in height measured flr t flr If the abve is nt pssible, then at least 25% f the exterir walls f the enclsed area must remain permanently pen The rules are far-reaching and have majr effects n develpment and redevelpment thrughut New Jersey. Agricultural, residential and cmmercial prperties will find it harder t perate r build near streams, ther waterways and wetlands. The new rules are expected t be in effect by Octber 2007. F:\RT Market (9100)\RTREVIEW\NJDEP PROPOSES TO CHANGE FLOOD.dc