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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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The Flood Hazard Area Control Act

Channel

The Department recognizes that complete avoidance of disturbing the channel is sometimes impossible.  For times such as these, disturbance to the channel must still be minimized. 

For example, disturbance to the channel can be minimized by constructing all channel crossings (roadway, railroad, and pedestrian (N.J.A.C. 7:13-11.7, 8), utility lines (N.J.A.C. 7:13-11.9), etc.) as nearly perpendicular to the channel as possible.  In addition, a bridge could be constructed instead of a culvert crossing.  This would protect aquatic habitat and preserve aquatic passage.  In any case, the length of channel covered by the crossing should be the minimum needed.

Disturbance to the channel may be permissible when stabilizing existing erosion or scour along stream banks ( N.J.A.C. 7:13-11.14) or scour along existing bridges or culverts (N.J.A.C. 7:13-8.5).  Also, disturbance to the channel may be permissible when stabilization measures within the channel are proposed for any stormwater outfall structure (N.J.A.C. 7:13-11.10).  All stabilization measures proposed must be embedded in the channel in such a way as to provide low-flow aquatic passage.

When proposing work in a channel, note that there are other rules implemented by the Division that may apply.  Such rules that may need to be addressed include the Freshwater Wetlands Protection Act rules (N.J.A.C. 7:7A) , the Coastal Zone Management rules (N.J.A.C. 7:7 and N.J.A.C. 7:7E), the Highlands rules (N.J.A.C. 7:38), and the Stormwater Management rules (N.J.A.C. 7:8).

The rules referenced above can be found on our "Rules and Regulations" webpage.

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Last Updated: May 21, 2014