DEP Commissioner Bob Martin recognizes there was significant damage to certain public infrastructure from Hurricane Sandy and an economic burden on public agencies to submit permit applications to the DEP for repair or replacement of the damaged structures. Therefore, on November 3 the Commissioner issued Administrative Order (AO) #2012-13, exempting State, County and Municipal agencies from DEP’s formal permit procedures for a specific category of emergency activities relative to public infrastructure. This Administrative Order applies only to damage resulting from Hurricane Sandy.
The Administrative Order provides for emergency activities that public agencies have completed or need to complete as outlined below:
- In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroads, culverts, bridges, utility lines, outfall structures, stormwater management structures, bulkheads and other similar shore-line stabilization structures).
- Repair of scoured areas directly adjacent to a bridge, culvert or public roadway. The scope of repair is limited to that area which has recently washed away.
- Repair and reconstruction of a public roadway including the stabilization or re-construction of the road-bed and associated embankments.
The AO does not provide for emergency activities to be performed outside the footprint of the legally pre-existing structure. That is, “in-kind repair or replacement” does not include a re-designed bridge or culvert that is hydraulically different from the original structure. Furthermore, the AO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap or for stream cleaning projects.
To qualify under the Administrative Order, State, County and Municipal agencies must submit a comprehensive inventory including locations and photographs of qualifying public infrastructure damaged by Hurricane Sandy within 180 days of the effective date of this Administrative Order. That deadline is May 1, 2013. Provided the projects comply with the requirements of the AO, DEP will then provide written approval of the inventory. Within 60 days of completing all projects on its approved inventory, the State, County or Municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. The AO shall remain in effect until such time as the state of emergency declared by Executive Order 104 has concluded unless the AO is previously rescinded. For more information on submission requirements, please review the Division’s Frequently Asked Questions [pdf]. For a copy of the Administrative Order, please go to Administrative Order 2012-13 [pdf]
- November 3, 2012: Administrative Order No. 2012-13 is issued
- May 1, 2013: Deadline for State, County and Municipal agencies to submit comprehensive inventories
- 60 Days after Completing All Projects on DEP-approved Inventories: Deadline for State, County and Municipal agencies to submit final certified inventories
Link to Administrative order 2012-13