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FHA General Permit 7: Construction of Residential Buildings in a Tidal FHA

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  • Application Guidance
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Flood Hazard Area General Permit Number Seven authorizes the construction of the following residential buildings in tidal flood hazard area:

  • One new private residence, which is not being constructed as part of a larger residential subdivision.
  • An addition to a private residence.
  • A building appurtenant to a private residence such as an attached or detached a garage, barn or shed.

A new private residence, addition, or appurtenant structure is eligible for authorization under a General Permit Number Seven only if:

  • The residence is located in a tidal flood hazard area;
  • The project does not require a CAFRA or Waterfront Development permit under N.J.A.C.7:7 and 7:7E.  If a coastal permit is required, the requirements of N.J.A.C.7:13 will be applied as part of the coastal permit review and a separate permit under N.J.A.C.7:13 will not be required in accordance with N.J.A.C.7:13-2.1(b)5;
  • The project meets the requirements for disturbance to a riparian zone at N.J.A.C.7:13-10.2; and
  • The residence meets the applicable requirements for a building at N.J.A.C. 7:13-11.5.

The construction of a private residence in the tidal flood hazard area that does not conform with the standards of General Permit Number seven will be subject to the individual permit requirements of the Flood Hazard Area Control Act rules.
The flood hazard area design flood elevation and floodway limits must be known in order to determine compliance with a General Permit Number Seven.  If a Department delineation or FEMA flood Insurance study is available for the regulated water in question, a flood hazard area verification is not required prior to obtaining an authorization under a General Permit Number Seven.  However, if the limit of the flood hazard area is established by the approximate method or through hydrologic and hydraulic calculations, then a verification must be obtained from the Department prior to, or concurrent with, obtaining authorization under a General Permit Number Seven.

To determine which State mapping is available for particular “Regulated water” a list of Department delineated “waters” can be found on the Department’s website at www.state.nj.us/dep/landuse/7-13.pdf.  To obtain copies of the maps or other information regarding the use of these studies, contact the Department’s Office of Flood Plain Management at the following address:

State of New Jersey
Department of Environmental Protection
Bureau of Dam Safety and Flood Control
P.O. Box 419
Trenton, New Jersey 08625-0419
Telephone: (609) 984-0859.

It is important to note that, if a Department delineation is available for a particular watercourse; the limit of the flood hazard area must be established using this study.  If no State delineation is available other methods that are approved by the Department may be used.  These methods are described in detail in the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3.1.

This page is for informational purposes only. Please see N.J.A.C. 7:13-8.7 for the precise rules concerning this General Permit.

This general permit is meant only for the construction of a new private residence, an addition to private residence or an appurtenant structure.  The construction of a warehouse, apartment building, or office building is not covered under a General Permit Number Seven.  For these structures, an individual permit would have to be obtained.

For the construction of a new residence in a tidal flood hazard area, the construction of any habitable area beneath the regulatory flood elevation, such as a basement, is prohibited.  Any enclosed area beneath the first finished floor (of the reconstructed building) such as a crawl space cannot be used for habitation and must remain open to flood waters in accordance with the standards at N.J.A.C. 7:13-11.5(l).  It should be noted that construction in the tidal flood hazard area is not subject to the net fill restrictions.  This is due to the fact that tidal flood hazard areas are controlled by the Atlantic Ocean, the flood elevation of which is unaffected by development.  As such, constructing in these areas will not worsen offsite flooding.

All flood hazard area general permits must comply with all applicable requirements at N.J.A.C. 7:13-8.1(b) and the specific requirements of the applicable general permit.  The permittee must comply with all conditions of the permit authorization, supporting documents and approved drawings.  Noncompliance with a general permit authorization constitutes a violation of the Flood Hazard Area Control Act rules.

For more information on how to apply for a General Permit Number Seven, please visit the “The Permit Process” section of this website.

Note: For your convenience, an Administrative Checklist for General Permits has been developed by the Department. Please follow carefully the requirements as outlined on this checklist to ensure that you have all of the required information necessary for a complete 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. 7:13-8.7 FHA General permit 7

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