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FHA General Permit 4: Stormwater Maintenance by a Public Utility

  • Overview
  • Application Guidance
  • Rules
  • FAQ

Flood Hazard Area General Permit Number Four (FHA GP4) authorizes a public entity the ability to repair, rehabilitate, maintain, or replace lawfully-existing stormwater management  infrastructure and associated conveyance features such as pipes, swales, manholes, inlets, headwalls, discharge structures, and associated conduit outlet protection structures.  Maintenance activities allowed under this General Permit include the removal of accumulated sediment, debris or nuisance vegetation in and around lawfully-existing stormwater structures and the stabilization of an eroded stormwater structure.  An FHA GP4 also allows the repair and replacement of tidegates, levees or pump stations along tidal waters. Please note that this General Permit does not authorize the construction of new stormwater management infrastructure or the expansion or modification of an existing stormwater collection system.  However, it does allow for the in-kind replacement of existing stormwater management infrastructure.

The following restrictions apply for Flood Hazard Area General Permit Number Four applications:

  • Project must be performed by a public entity and must be necessary for the maintenance and protection of a lawfully-existing manmade stormwater conveyance structure or a manmade drainage feature such as a manmade ditch, swale or channel.
  • This General Permit does not allow the maintenance of natural channels or natural channels that were previously modified.
  • Disturbance to the riparian zone must be minimized.
  • Vegetation temporally cleared in a riparian zone must be replanted with indigenous, non-invasive vegetation.

Should the applicant not qualify for the FHA GP4, then the applicant must obtain a formal Flood Hazard Area Individual Permit, subject to the technical standards of Subchapters 9, 10, and 11 of the rules at N.J.A.C. 7:13 et seq.

In addition to the FHA GP4 and the Flood Hazard Area Individual Permit, the applicant may also consider Permit-by-Rules (PBR); N.J.A.C. 7:13-7.2(a)1, N.J.A.C. 7:13-7.2 (a)2, N.J.A.C. 7:13-7.2 (b)4 and N.J.A.C 7:13-7.2 (b)18. Please see the FHA Permit-By-Rule section of this website for more information.

Lastly, if the maintenance of existing stormwater infrastructure is regulated under the Coastal Zone Management (CZM) rules via a CAFRA or Waterfront Development permit, then no separate Flood Hazard approval is required.  In such a situation, the applicant only needs to submit a report and plans demonstrating compliance with the Flood Hazard Area Control Act rules as part of the CZM permit application.

This page is for informational purposes only. Please see N.J.A.C. 7:13-8.6 for the precise rules concerning this General Permit.

As stated in the overview, a Flood Hazard Area General Permit Number Four authorizes  the repair and maintenance of existing stormwater infrastructure.  This General Permit does not authorize the construction of new stormwater management infrastructure or the expansion or modification of an existing stormwater collection system.

All Flood Hazard General Permits must comply with all applicable requirements at N.J.A.C. 7:13-8.1, and “General Permit Conditions” at N.J.A.C.  7:13-8.2.

Getting a Flood Hazard Area General Permit four:  If you believe that your project qualifies for an FHA GP4 and you do not know how to apply for one, we suggest that you visit “The Permit Process” section of this website for more information. You will get a general overview of the ins and outs of the permitting process and will also be directed to the necessary forms you will need.  Please be advised that any application submitted must follow the procedures and information requirements.

Note: The Department has, for your convenience, developed an Application Checklist for all Flood Hazard General Permits. Please follow carefully the requirements as outlined on the checklist for FHA GP4 to insure that you have all the required information necessary to complete and process your application.

A direct link to the rules cited in our standard approval letter for this General Permit can be found below.

N.J.A.C. 7:13-8.4 FHA General permit 4

N.J.A.C. 7:13-8.1 Standards applicable to all general permits

N.J.A.C. 7:13-8.2 “General Permit Conditions”

N.J.A.C. 7:13 - Index to the entire rule.

Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Register. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For more information on obtaining official versions of the rules, How To Get a Paper Copy of Department Rules

Frequently Asked Questions

If you do not see an answer to your question below, please use the Land Use Contact form on this website. We will make every attempt to answer your question as promptly as possible.

No FAQ for this general permit at this time.

 

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Last Updated: May 21, 2014