Streams & Rivers - The Flood Hazard Area Control Act
The regulations governing construction within the flood fringe are available at N.J.A.C. 7:13-10.4. Generally, the restrictions on activities located within the flood fringe apply in fluvial flood hazard areas, but not tidal flood hazard areas.
When planning construction within the flood fringe, there are other portions of the Flood Hazard Area Control Act rules to consider. These include the location of the floodway, near-stream vegetation, and flood storage displacement. This list is not all inclusive. Other standards in the rules here usually apply. Depending on the proposed activity any or all of the Subchapters 7, 8, 10, and 11 of the rules must be consulted as well.
When planning a project that will impact the flood fringe, note that the project may also be located within the jurisdictional boundaries of other rules implemented by the Division. 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).