SUBCHAPTER 8. GENERAL PERMITS

7:13-8.1 Standards applicable to all general permits
7:13-8.2 General permit conditions
7:13-8.3 General permit 1 for channel cleaning under the Stream Cleaning Act
7:13-8.4 General permits 2A through 2G for agricultural activities designed by the NRCS
7:13-8.5 General permit 3 for bridge or culvert scour protection by a public entity
7:13-8.6 General permit 4 for stormwater maintenance by a public entity
7:13-8.7 General permit 5 for the relocation of a building to reduce flood damage
7:13-8.8 General permit 6 for the reconstruction of a damaged or destroyed residence
7:13-8.9 General permit 7 for residential construction in a tidal flood hazard area
7:13-8.10 General permit 8 for a utility line across or along a water with a drainage area of less than 50 acres
7:13-8.11 General permit 9 for a roadway or footbridge across a water with a drainage area of less than 50 acres
7:13-8.12 General permit 10 for a stormwater outfall along a water with a drainage area of less than 50 acres

7:13-8.1 Standards applicable to all general permits

(a)   This subchapter establishes general permits for certain regulated activities. Each general permit describes the regulated activity authorized, including the size and type of regulated activity and in some cases where in the flood hazard area or riparian zone the regulated activity may be conducted. The Department may, by rulemaking in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., rescind or modify an existing general permit or establish new ones. The flood hazard general permits established in this subchapter are set forth as follows:


Table B

SUMMARY OF GENERAL PERMITS

This Table is for informational purposes only. See N.J.A.C. 7:13-8.3 through 8.12 for specific applicable limits and requirements for each general permit

 

PERMIT
Description
Citation

1

Channel cleaning by a public entity under the Stream Cleaning Act

8.3

2A

Agricultural: Soil erosion control, bank stabilization or bank restoration

8.4(c)1

2B

Agricultural: Channel cleaning

8.4(c)2

2C

Agricultural: Constructing a roadway across a water

8.4(c)3

2D

Agricultural: Filling a manmade water for freshwater wetlands restoration

8.4(c)4

2E

Agricultural: Creating a ford across a water to manage livestock

8.4(c)5

2F

Agricultural: Constructing a fence across or along a water to manage livestock

8.4(c)6

2G

Agricultural: Constructing a pump or water intake along a water for livestock

8.4(c)7

3

Bridge or culvert scour protection by a public entity

8.5

4

Stormwater maintenance by a public entity

8.6

5

Relocating a building to reduce flood damage

8.7

6

Reconstructing a damaged or destroyed residence

8.8

7

Residential construction in a tidal flood hazard area

8.9

8

Utility line across or along a water draining less than 50 acres

8.10

9

Roadway or footbridge across a water draining less than 50 acres

8.11

10

Stormwater outfall along a water draining less than 50 acres

8.12

 

(b)   A regulated activity shall be authorized under a general permit only if the Department determines that the following requirements are satisfied:

1.    The regulated activity is not undertaken in the channel or riparian zone of a regulated water with fishery resources during a restricted time period as described at N.J.A.C. 7:13-10.5(d), unless otherwise approved by the Department's Division of Fish and Wildlife;

2.    The regulated activity does not adversely affect low-flow aquatic passage within any regulated water;

3.    The regulated activity will not adversely affect a threatened or endangered species, or a documented habitat for a threatened or endangered species;

4.    All structures are suitably anchored;

5.    The regulated activity is performed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey at N.J.A.C. 2:90;

6.    Prior to undertaking the regulated activity, all necessary approvals are obtained from the local Soil Conservation District in cases where the district has jurisdiction over the project;

7.    The regulated activity does not require review for compliance with the Stormwater Management rules at N.J.A.C. 7:8 because:

i.     The overall project with which the general permit activity is associated is not a major development, as defined at N.J.A.C. 7:8-1.2; or

ii.    The Department has already determined through the approval of a CAFRA, Waterfront Development or Freshwater Wetlands Protection Act permit that the overall project with which the general permit activity is associated complies with the Stormwater Management rules at N.J.A.C. 7:8;

8.    If the regulated activity is proposed in a regulated area known or suspected to contain acid producing soils, a plan is established and implemented to minimize the adverse effects of exposing these soils as described at N.J.A.C. 7:13-10.7; and

9.    The regulated activity complies with the specific requirements of the applicable general permit(s) set forth in this subchapter.

(c)   Except for general permit 1, the application and review procedures for which are described at N.J.A.C. 7:13-8.3, an application for a general permit shall be submitted to the Department to the address listed in N.J.A.C. 7:13-1.1(f), and shall include the following:

1.    One completed certification (available from the Department's website at www.nj.gov/dep/landuse), signed and sealed by an engineer, which lists each requirement of (b) above, as well as each requirement for the particular general permit under which authorization is sought and explains how each requirement is met;

2.    Six sets of drawings, signed and sealed by an engineer, land surveyor or architect, as appropriate, which detail the proposed activities, including existing and proposed topography if fill or grading is proposed. All topography shall reference NGVD, or include the appropriate conversion factor to NGVD, unless the applicant demonstrates that such reference is not necessary. The limit of any riparian zone onsite shall also be shown, as well as any areas where riparian zone vegetation will be cleared, cut or removed;

3.    Three copies of an application report, as described at N.J.A.C. 7:13-15.3; and

4.    An application fee of $ 500.00 in accordance with N.J.A.C. 7:13-17.1, except for general permit 6, which requires no application fee.

(d)   Within 20 working days following the receipt of an application for an authorization under a general permit, the Department shall:

1.    Determine that all necessary information required by this chapter for a complete general permit application has been provided, and declare the application complete for review;

2.    Determine that all necessary information required by this chapter for a complete general permit application has not been provided, or that one or more submitted items are deficient, and request in writing that the applicant submit the missing material and/or address any deficiencies within a reasonable time period. The Department may cancel the application if the requested information is not provided within 60 calendar days. The Department shall subsequently declare the application complete for review within 20 working days of receiving the requested information; or

3.    If the Department does not take action under (d)1 or 2 above within 20 working days, the general permit application shall automatically be deemed complete for review. In such a case, the Department may to request additional information, which is necessary to bring the application into compliance with the requirements of this chapter during the review of the application.

(e)   Within 45 calendar days after receiving a complete application for an authorization under a general permit, the Department shall:

1.    Determine that the application meets the requirements of this chapter and approve the general permit authorization in writing; or

2.    Determine that the application does not meet the requirements of this chapter and deny the general permit authorization in writing.

(f)   If the Department fails to take written action on an application in accordance with (e) above, the general permit application shall automatically be deemed to be approved. This default approval is subject to any applicable conditions set forth in this chapter for the activities covered by the application for general permit authorization. Furthermore, default approval under this section shall not prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-19 for any activity undertaken in violation of this chapter.

(g)   An authorization to perform a regulated activity under a general permit is subject to the conditions listed at N.J.A.C. 7:13-8.2.

(h)   Multiple or repeated activities proposed to be undertaken on a site that would individually qualify for authorization under a general permit shall require an individual permit if the cumulative impacts exceed any limit contained in the applicable general permit.

(i)    Except as provided in (j) below, a general permit authorization is valid for five years from its issuance date and shall not be extended. However, a new general permit authorization to replace an expired one may be requested by submitting an application under this section. A general permit can also be transferred with the sale of a property to a new owner pursuant to N.J.A.C. 7:13-14.1.

(j)    If the rule in this subchapter establishing a particular general permit is repealed, then any person with a valid authorization issued under such general permit shall immediately cease any authorized activities and apply for an individual permit in accordance with N.J.A.C. 7:13-9, 10 and 11. If the rule in this subchapter establishing a particular general permit is amended to put in place stricter standards or conditions, then any person with a valid authorization issued under the original general permit shall immediately cease any authorized activities under the authorization and either apply for authorization under the amended general permit in accordance with this subchapter or else apply for an individual permit in accordance with N.J.A.C. 7:13-9, 10 and 11.

(k)   A verification of the flood hazard area design flood elevation, floodway limits and/or riparian zone limits, pursuant to N.J.A.C. 7:13-6, is not required prior to obtaining a general permit authorization under this chapter, except for certain cases as noted under general permits 5, 6 and 7 at N.J.A.C. 7:13-8.7, 8.8 and 8.9, respectively. However, pursuant to Table F at N.J.A.C. 7:13-17.1, the $500.00 fee for a verification based on methods 1, 2, 3 and 5 (at N.J.A.C. 7:13-3.3, 3.4(d), 3.4(e) and 3.5, respectively) does not apply if the verification application is submitted concurrently with an application for any general permit authorization for which verification of the flood hazard area is required to determine compliance with the general permit.

 

7:13-8.2 General permit conditions

(a)   The standard conditions that apply to all general permit authorizations are described in (b) below. Site-specific conditions are described in (c) through (e) below. If a permittee undertakes any regulated activity approved under a general permit authorization, such action shall constitute the permittee's acceptance of the general permit authorization in its entirety and the permittee's agreement to abide by the general permit authorization and all applicable conditions.

(b)   The following conditions apply to all general permit authorizations issued under this chapter:

1.    Duty to comply: The permittee, its contractors and subcontractors shall comply with all conditions of the permit authorization, supporting documents and approved drawings. Any noncompliance with a permit authorization constitutes a violation of this chapter, and is grounds for enforcement action pursuant to N.J.A.C. 7:13-19, as well as suspension and/or termination of the permit authorization.

2.    Duty to reapply: If the permittee wishes to continue an activity covered by the permit after the expiration date of the permit authorization, the permittee must apply for and obtain a new permit authorization.

3.    Duty to halt or reduce activity: It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit authorization.

4.    Duty to minimize environmental impacts: The permittee shall take all reasonable steps to prevent, minimize or correct any adverse impact on the environment resulting from activities conducted pursuant to the permit, or from noncompliance with the permit authorization.

5.    Proper operation and maintenance: The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the permit authorization. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The operation of back-up or auxiliary facilities or similar systems is only required when necessary to achieve compliance with the permit authorization. The permittee must also properly execute any approved mitigation compensation and/or restoration proposal designed to mitigate losses caused by the permitted activity. The permittee shall maintain the authorized work areas in good condition and in accordance with the permit authorization.

6.    Proper oversight: The permittee shall ensure that all approved activities are undertaken using the best management practices available under the supervision and direction of an engineer at all points necessary to ensure compliance with all permit conditions.

7.    Proper site maintenance: While the regulated activities are being undertaken, neither the permittee nor its agents shall cause or permit any unreasonable interference with the free flow of a regulated water by placing or dumping any materials, equipment, debris or structures within or adjacent to the channel. Upon completion or abandonment of the work, the permittee and/or its agents shall remove and dispose of in a lawful manner all excess materials, debris, equipment, silt fences and other temporary soil erosion and sediment control devices from all regulated areas.

8.    Permit actions: A permit authorization can be revised, suspended or terminated for cause. The filing of a request by the permittee for a revision, or a notification of planned changes or anticipated noncompliance does not stay any condition of a permit authorization.

9.    Property rights: A permit authorization does not convey any property rights or any exclusive privilege.

10.  Duty to provide information: A copy of the general permit authorization and other authorizing documents including all approved plans and drawings shall be maintained at the authorized site at all times and made available to Department representatives or their designated agents immediately upon request. The permittee shall also furnish to the Department within a reasonable time any information that the Department requests to determine compliance with a permit authorization or to determine whether cause exists for suspension or termination of a permit authorization. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by the permit authorization.

11.  Inspection and entry: The permittee shall allow an authorized representative of the Department, at reasonable times and upon the presentation of credentials, to:

i.     Enter upon the permittee's premises where a regulated activity is located or conducted, or where records must be kept under the conditions of the permit authorization;

ii.    Have access to and copy any records that must be kept under the conditions of the permit authorization; and

iii.   Inspect any facilities, equipment, practices or operations regulated or required under the permit authorization. Failure to allow reasonable access under this section shall be considered a violation of this chapter and subject the permittee to enforcement pursuant to N.J.A.C. 7:13-19.

12.  Reporting requirements: The permittee shall provide reports to the Department as follows:

i.     Planned changes: The permittee shall give notice to the Department prior to any planned physical alterations or additions to the permitted project or activity;

ii.    Transfers: The permit authorization is not transferable to any person unless the transfer is approved by the Department, pursuant to N.J.A.C. 7:13-14.1;

iii.   Noncompliance: The permittee shall immediately report to the Department by telephone at (877) 927-6337 any noncompliance that may endanger health or the environment. The permittee shall report all other noncompliance to the Division of Land Use Regulation by telephone at (609) 292-0060 within two business days of the time the permittee becomes aware of the noncompliance, and in writing within five business days of the time the permittee becomes aware of the noncompliance. The written notice shall include: a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated length of time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent recurrence of the noncompliance. Such notice shall not, however, serve as a defense to enforcement action if the project is found to be in violation of this chapter; and

iv.   Other information: Where the permittee becomes aware that it failed to submit any relevant facts in an application, or submitted incorrect information in an application or in any report to the Department, it shall promptly submit such facts or information.

(c)   In addition to the conditions that apply to all general permit authorizations under (b) above, the Department shall establish conditions in a general permit, as required on a case-by-case basis, to assure compliance with all applicable requirements of this chapter and its enabling statutes.

(d)   The Department may include in a general permit authorization a condition requiring a pre-construction meeting on the site of permitted activities. Any such condition shall specify how many days prior to construction the permittee must notify the Department so that the pre-construction meeting can be scheduled.

(e)   All conditions of a general permit authorization shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable rules or regulations or requirements shall be included in the general permit authorization.

 

7:13-8.3 General permit 1 for channel cleaning under the Stream Cleaning Act

(a)   General permit 1 authorizes a county, municipality or a designated agency thereof to desnag a channel and/or remove accumulated sediment, debris and garbage which are obstructing flow in a channel. This section implements the provisions of the "Stream Cleaning Act" in the Flood Hazard Area Control Act at N.J.S.A. 58:16A-67.

(b)   The receipt of a freshwater wetlands general permit 26 authorization, issued pursuant to N.J.A.C. 7:7A-5.26, which authorizes stream cleaning, clearing or desnagging by local governments, shall constitute authorization to conduct activities qualifying for a general permit 1 authorization under this chapter without further application or approval under this chapter. However, the receipt of a general permit 1 authorization under this section shall not relieve an applicant from the need to obtain a freshwater wetlands general permit 26 authorization, since the freshwater wetlands general permit has notice requirements that must be satisfied pursuant to N.J.A.C. 7:7A-10.

(c)   Except where the applicant has obtained a freshwater wetlands general permit 26 authorization as described in (b) above, applicants for a general permit 1 authorization must follow the application requirements and procedures at (f) through (j) below. There is no application fee for general permit 1 authorization.

(d)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), to qualify for general permit 1 authorization, a channel cleaning, clearing or desnagging project shall satisfy all of the following requirements:

1.    The project's sole purpose is to remove obstructions to flow or desnag a channel;

2.    The project is necessary and in the public interest;

3.    The project consists solely of either:

i.     The removal of accumulated silt, sediment, debris and/or garbage from a channel with a natural bed. This general permit does not authorize removal of material below the natural bed of the channel; or

ii.    The removal of any accumulated material from a channel previously lined with concrete or similar artificial material;

4.    The project does not disturb the channel bank or the riparian zone, unless such disturbance is unavoidable, necessary to gain access to the channel and minimized;

5.    The project does not alter the natural banks of the channel. This general permit does not authorize the straightening or realignment of a channel. Straightening or realignment constitutes channel modification and requires an individual permit pursuant to N.J.A.C. 7:13-10.1(c);

6.    The project is conducted from only one bank where possible;

7.    The use of heavy equipment in the channel is avoided;

8.    Vegetation and tree canopy on the more southerly or westerly bank is preserved in order to shade the channel; and

9.    If the project involves sediment removal from a channel with a natural bed, the following requirements are satisfied:

i.     The channel reach is less than 500 feet in length;

ii.    The channel bed does not exceed 15 feet in average width;

iii.   The channel has a documented history of severe flooding that has resulted or can result in property damage, therefore necessitating the proposed cleaning, clearing or desnagging;

iv.   The channel is not classified as a Pinelands water or Category One water under the Department's Surface Water Quality Standards at N.J.A.C. 7:9B; and

v.    The channel is not a documented habitat for threatened or endangered species.

(e)   All materials, including dredged material, removed from a channel during activities authorized under this general permit shall be disposed of outside of any regulated area and also any freshwater wetlands, transition areas and State open waters, as those terms are defined in the Department's Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A-1.4, unless the applicant demonstrates that this would cause more environmental harm or flooding risk than disposing of the material in these areas. For example, if removal of dredged material requires construction of a long temporary roadway through a very wet area to enable trucks to transport the dredged material offsite, this might cause more environmental harm than using a large blower to spread the dredged material thinly over a large area.

(f)   An application for authorization under this general permit shall be submitted to the Department by mail at the address listed in N.J.A.C. 7:13-1.1(f), and shall include the following (photocopies of maps and documents are acceptable):

1.    Three sets of drawings, signed and sealed by a engineer or land surveyor, as appropriate, that clearly depict the segments of channel to be cleaned;

2.    Three copies of an application report, as described at N.J.A.C. 7:13-15.3. The narrative required in the application report shall include the following:

i.     A description of the proposed cleaning methods and disposal locations for all dredged material; and

ii.    The classification, under the Department's Surface Water Quality Standards, N.J.A.C. 7:9B, of the affected portion of the channel; and

3.    One completed certification (available from the Department's website at www.nj.gov/dep/landuse) that meets the following requirements:

i.     The certification is signed and sealed by the county or municipal engineer, or an engineer who is employed by the local Soil Conservation District; and

ii.    The certification lists each requirement in (d) above that applies to the project, and states how the requirement has been or will be satisfied.

(g)   Within 15 calendar days following the receipt of an application submitted under (f) above for a project that does not involve sediment removal, the Department shall:

1.    Notify the applicant that the application did not include the information required at (f) above, or that supplemental information is needed to determine if the activity complies with the general permit, and request the additional information. The Department may cancel the request for a general permit if the requested information is not provided within 60 calendar days. When the requested information is received, the Department shall, within 15 calendar days after receiving the information, take one of the actions in (g)2 or 3 below;

2.    Notify the applicant in writing that the project does not qualify for authorization under this general permit, pursuant to (j) below; or

3.    Approve the general permit authorization.

(h)   Within 60 calendar days following the receipt of an application submitted under (f) above for a project that does involve sediment removal, the Department shall:

1.    Notify the applicant that the application did not include information required at (f) above, or that supplemental information is needed to determine if the activity complies with the general permit, and request the additional information. The Department may cancel the request for a general permit if the requested information is not provided within 60 calendar days. When the requested information is received, the Department shall, within 60 calendar days after receiving the information, take one of the actions in (h)2 or 3 below;

2.    Notify the applicant in writing that the project does not qualify for authorization under this general permit, pursuant to (j) below; or

3.    Approve the general permit authorization.

(i)    If the Department fails to take written action on an application in accordance with (g) or (h) above, the general permit application shall automatically be deemed to be approved. This default approval is subject to any applicable conditions set forth in this chapter for the activities covered by the application. Furthermore, default approval under this section shall not prevent the Department from taking enforcement action pursuant to N.J.A.C. 7:13-19 for any activity undertaken in violation of this chapter.

(j)    If the Department notifies the applicant under (g)2 or (h)2 above that a channel cleaning, clearing or desnagging project is not authorized under this general permit, the Department shall provide the applicant with the technical reasons for the decision. If the Department's technical reasons are based upon an inability to determine the location of the natural channel bed, the Department shall, at the request of the applicant, assist in identifying the natural channel bed.

(k)   Within 15 calendar days after the completion of a project under this general permit that involves the removal of sediment, the permittee shall submit to the Department a written notice that the project has been completed. The notice shall contain one completed certification (available from the Department's website www.nj.gov/dep/landuse) that satisfies the following requirements:

1.    The certification is signed and sealed by the county or municipal engineer, or an engineer who is employed by the local Soil Conservation District; and

2.    The certification states each requirement in (d) above that applies to the project, and states how the requirement has been satisfied.

 

7:13-8.4 General permits 2A through 2G for agricultural activities designed by the NRCS

(a)   This section sets forth general permits for seven agricultural activities in a regulated area. In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), to qualify for a general permit under this section, an activity shall satisfy the requirements applicable to the specific general permit and shall:

1.    Occur on land that is actively farmed;

2.    Be solely intended for agricultural purposes; and

3.    Be approved by and performed under the supervision of the USDA Natural Resource Conservation Service and/or local soil conservation district, as appropriate.

(b)   Applications for a general permit authorization under this section are subject to the application requirements and procedures at N.J.A.C. 7:13-8.1(c) through (e).

(c)   Regulated activities satisfying (a) above shall qualify for authorization under one of the following general permits provided the conditions applicable to that general permit are satisfied:

1.    General permit 2A: A soil erosion control, bank stabilization or bank restoration project, provided:

i.     The project is accomplished by re-sloping the eroded bank and planting vegetation where possible. Where these techniques alone will not stabilize erosion, or where more than 2,000 square feet of trees would be cleared, cut or removed using such methods, soil bioengineering, shall be used;

ii.    Disturbance to vegetation within the riparian zone is minimized;

iii.   The cross-sectional area of the channel is not significantly altered;

iv.   The activity will not obstruct flow in the channel or floodway; and

v.    All cleared, cut or removed vegetation in the riparian zone is replanted with indigenous, non-invasive vegetation, except where the removed vegetation has been replaced by non-vegetative stabilizing material;

2.    General permit 2B: The removal of accumulated silt, sediment, debris and/or garbage from a regulated water, provided:

i.     Excavation does not extend below the natural bed or alter the natural banks. This general permit does not authorize the straightening or realignment of a channel. Straightening or realignment constitutes channel modification and requires an individual permit pursuant to N.J.A.C. 7:13-10.1(c);

ii.    The project does not disturb the channel bank or the riparian zone, unless such disturbance is unavoidable, necessary to gain access to the channel and minimized;

iii.   The project is conducted from only one bank where possible;

iv.   All heavy machinery necessary for the conduct of the project is situated outside the channel. Heavy machinery may reach into the channel to dredge, but cannot be driven into or operated within the channel;

v.    Vegetation and tree canopy on the more southerly or westerly bank is preserved in order to shade the channel;

vi.   All proposed access points to the water are described in writing and with color photographs;

vii.  All disturbed areas in the riparian zone are replanted with indigenous, non-invasive vegetation upon completion of the project;

viii. All removed sediment is disposed of in accordance with all applicable Federal, State and local laws. If the removed sediment is to remain in the flood hazard area, it is spread evenly at least 25 feet from any top of bank or edge of water and, if in a floodway, no more than three inches deep; and

ix.    The placement of the removed sediment does not interfere with the positive overland drainage of the receiving area;

3.    General permit 2C: The construction of a roadway across a regulated water, provided:

i.     Construction in the channel is minimized and unset or raw cement is not allowed to come into contact with water in the channel during construction;

ii.    If the crossing is accomplished with a culvert, the culvert is stabilized with headwalls that have footings which extend at least three feet below grade, and which will prevent the culvert from displacement during the flood hazard area design flood;

iii.   If the crossing is accomplished with a bridge, the bridge is constructed with abutments that have footings which extend at least three feet below grade, and which will prevent the bridge from displacement during the flood hazard area design flood;

iv.   The proposed roadway surface and all embankments are designed to remain stable during the flood hazard area design flood;

v.    The perpendicular path of disturbance through the riparian zone is no more than 25 feet in width; and

vi.   It is clear to the Department from a visual inspection of submitted drawings that the proposed roadway crossing will not increase flooding offsite;

4.    General permit 2D: The filling of a manmade regulated water for the purpose of freshwater wetlands restoration, provided:

i.     The regulated water originates onsite; and

ii.    The filling of the regulated water will not adversely affect overland drainage on adjoining properties;

5.    General permit 2E: The creation of a ford for livestock to cross a regulated water, provided:

i.     Livestock currently cross the regulated water on a regular basis;

ii.    The creation of a stable ford will reduce ongoing damage to the channel caused by the existing access to the channel by livestock;

iii.   No trees are cleared, cut or removed in a riparian zone;

iv.   The ford is situated at or below the existing channel bed so that the ford will not obstruct flow;

vii.  The perpendicular path of disturbance through the riparian zone is no more than 20 feet in width; and

v.    The ford is designed to remain stable during the flood hazard area design flood;

6.    General permit 2F: The construction of a fence along and/or across a regulated water to limit or manage livestock access to a channel, or to prevent livestock or other animals from accessing certain agricultural areas, provided:

i.     No trees are cleared, cut or removed in a riparian zone;

ii.    The fence is placed parallel to the channel where possible;

iii.   If the fence crosses a channel and/or is located in a floodway, it has sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as a barbed-wire, split-rail or strand fence. A fence with little or no open area, such as a chain link, lattice or picket fence, is not permitted across a channel or in a floodway; and

iv.   The fence will not impede bank-full flow in the channel; and

7.    General permit 2G: The construction of a pump and/or water intake structure in or along a regulated water, in order to provide water for livestock outside the channel (and thereby limit livestock access to the channel), provided:

i.     No trees are cleared, cut or removed in a riparian zone;

ii.    Fill within the flood hazard area is minimized; and

iii.   The pump or structure will not impede bank-full flow in the channel.

7:13-8.5 General permit 3 for bridge or culvert scour protection by a public entity

(a)   This section sets forth a general permit that authorizes a public entity to place rip-rap and other stabilization material within or along one or more regulated waters to replace material that has eroded away, in order to prevent the scouring of an existing bridge or culvert along a public roadway. The application requirements and review procedures for this general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), a scour protection activity is eligible for authorization under general permit 3 only if:

1.    It is approved by and performed under the supervision of a public entity;

2.    It is necessary for the maintenance and/or protection of an existing bridge or culvert along a public roadway;

3.    The stabilizing material placed in the channel is in the same location as the material that has eroded away since the bridge or culvert was originally constructed. This stabilizing material can be placed within any open void area that has been created by previous scour in the channel, and/or can replace any unconsolidated material in the channel, such as silt or sediment, which has subsequently been deposited in any such void area;

4.    The amount of stabilizing material placed in the channel is no greater than necessary to replace the material that has eroded away (and which may have subsequently been replaced by unconsolidated material) since the bridge or culvert was originally constructed;

5.    The stabilizing material consists of, or is covered by, indigenous substrate where possible;

6.    The stabilizing material does not obstruct flow in the channel or floodway;

7.    The project does not disturb the channel bank or the riparian zone, unless such disturbance is unavoidable, necessary to gain access to the channel and minimized. If access to the channel results in topographic changes to the bank, such as ruts from trucks or other machinery, the grade of the bank shall be restored to its pre-construction topography where possible;

8.    All cleared, cut or removed vegetation in the riparian zone is replanted with indigenous, non-invasive vegetation, except where the removed vegetation has been replaced by the stabilizing material;

9.    Every effort is made to perform the activity from only one bank; and

10.  Vegetation and canopy on the more southerly or westerly bank is preserved for shading of the water where possible.

 

7:13-8.6 General permit 4 for stormwater maintenance by a public entity

(a)   This section sets forth a general permit that authorizes the maintenance, repair and replacement of lawfully existing stormwater management structures and conveyance features by a public entity, in cases where such activities are regulated under this chapter. This general permit does not authorize any new stormwater discharges or the expansion of an existing stormwater management or collection system. The application requirements and review procedures for this general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), a maintenance and repair activity is eligible for authorization under general permit 4 only if:

1.    It is approved by and performed under the supervision of a public entity;

2.    It occurs within and is necessary for the maintenance of a lawfully existing, manmade conveyance structure or drainage feature, such as a pipe, culvert, ditch, channel or basin, not including natural channels that were previously modified;

3.    It involves one or more of the following:

i.     The removal of accumulated sediment, debris or nuisance vegetation;

ii.    The stabilization of an eroded structure; and/or

iii.   The reconstruction, repair and/or in-kind replacement of any:

(1)  Culvert along a manmade channel;

(2)  Stormwater pipe, manhole, inlet, catch basin;

(3)  Headwall, discharge structure or associated conduit outlet protection; and/or

(4)  Tidegate, levee or pump station along a water that is separated from tidal influence by these structures;

4.    Disturbance to vegetation in the riparian zone is minimized; and

5.    All temporarily cleared, cut or removed vegetation in the riparian zone is replanted with indigenous, non-invasive vegetation.

 

7:13-8.7 General permit 5 for the relocation of a building to reduce flood damage

(a)   This section sets forth a general permit that authorizes the relocation of a lawfully existing building to another location on the same site in order to reduce flood damage potential. The application requirements and review procedures for this general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), the relocation of a lawfully existing building is eligible for authorization under general permit 5 only if:

1.    Where possible, the building is moved further from the regulated water and to higher ground on the same site;

2.    The building is not enlarged (except for an addition that meets a permit-by-rule at N.J.A.C. 7:13-7.2);

3.    The building is not located in a floodway (either before or after relocation);

4.    The lowest finished floor of the building is raised to at least one foot above the flood hazard area design flood elevation;

5.    The area below the lowest finished floor of the building is not used for habitation and remains open to floodwaters, in accordance with N.J.A.C. 7:13-11.5(l);

6.    The proposed location of the building is situated outside the riparian zone if a suitable location exists on the same site. Otherwise, the removal of trees within the riparian zone shall be minimized to accommodate the new building location; and

7.    No vegetation is cleared, cut or removed in a riparian zone, except for vegetation within 20 feet of the existing and/or proposed building if such disturbance is necessary to facilitate its relocation. In such a case, all temporarily disturbed areas shall be replanted with indigenous, non-invasive vegetation upon completion of the project, including the area where the relocated building originally existed.

(c)   The flood hazard area design flood elevation and floodway limits must be known in order to determine compliance with this general permit authorization. If the flood hazard area design flood elevation and/or floodway limits can be determined using Methods 1, 2 or 3 (at N.J.A.C. 7:13-3.3, 3.4(d) and 3.4(e), respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 does not need to be obtained prior to obtaining authorization under this general permit authorization. However, if the flood hazard area design flood elevation and/or floodway limits are determined using Methods 4, 5 or 6 (at N.J.A.C. 7:13-3.4(f), 3.5 and 3.6, respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 must be obtained from the Department prior to, or concurrent with, obtaining authorization under this general permit.

 

7:13-8.8 General permit 6 for the reconstruction of a damaged or destroyed residence

(a)   This section sets forth a general permit that authorizes the reconstruction of a lawfully existing private residence that has been damaged or destroyed by fire, flood or other natural disaster. The application requirements and review procedures for this general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), the reconstruction of a lawfully existing private residence is eligible for authorization under general permit 6 only if:

1.    The residence has been damaged or destroyed by fire, flood or other natural disaster within one year prior to application to the Department under this general permit authorization;

2.    The new residence is constructed within the footprint of the residence that was damaged or destroyed or is moved further from the regulated water to higher ground onsite;

3.    The residence is not enlarged (except for an addition that meets a permit-by-rule at N.J.A.C. 7:13-7.2);

4.    The residence is not located in a floodway (either before or after reconstruction);

5.    The lowest finished floor of the new residence is constructed at least one foot above the flood hazard area design flood elevation;

6.    The area below the lowest finished floor of the residence is not used for habitation and remains open to floodwaters, in accordance with N.J.A.C. 7:13-11.5(l);

7.    If the residence is to be moved, it is situated outside the riparian zone if a suitable location exists on the same site. Otherwise the removal of trees within the riparian zone shall be minimized to accommodate the new building location; and

8.    No vegetation is cleared, cut or removed in a riparian zone, except for vegetation within 20 feet of the existing and/or proposed residence if such disturbance is necessary to facilitate its reconstruction. In such a case all temporarily disturbed areas shall be replanted with indigenous, non-invasive vegetation upon completion of the project including, if the residence is relocated, the area where the residence originally existed.

(c)   The flood hazard area design flood elevation and floodway limits must be known in order to determine compliance with this general permit authorization. If the flood hazard area design flood elevation and/or floodway limits can be determined using Methods 1, 2 or 3 (at N.J.A.C. 7:13-3.3, 3.4(d) and 3.4(e), respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 does not need to be obtained prior to obtaining authorization under this general permit. However, if the flood hazard area design flood elevation and/or floodway limits are determined using Methods 4, 5 or 6 (at N.J.A.C. 7:13-3.4(f), 3.5 and 3.6, respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 must be obtained from the Department prior to, or concurrent with, obtaining authorization under this general permit.

 

7:13-8.9 General permit 7 for residential construction in a tidal flood hazard area

(a)   This section sets forth a general permit to construct the following residential buildings in a tidal flood hazard area:

1.    One new private residence, which is not being constructed as part of a larger residential subdivision;

2.    An addition to a private residence; and/or

3.    A building appurtenant to a private residence, such as a garage, barn or shed.

(b)   The application requirements and review procedures for this general permit are set forth at N.J.A.C. 7:13-8.1(c) through (e). The construction of certain types of residential additions and appurtenant structures may occur pursuant to a permit-by-rule in accordance with N.J.A.C. 7:13-7.2(a) and (b). Activities covered by a permit-by-rule do not require a general permit authorization under this section.

(c)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), a private residence, addition or appurtenant structure is eligible for authorization under general permit 7 only if:

1.    It is located in a tidal flood hazard area;

2.    It does not require a CAFRA or waterfront development permit under N.J.A.C. 7:7 and 7:7E;

3.    It meets the requirements for disturbance in the riparian zone at N.J.A.C. 7:13-10.2, including any justification that may be required for the activity and any limitations on the area of vegetation that can be cleared, cut or removed in the riparian zone; and

4.    It meets the applicable requirements for a building at N.J.A.C. 7:13-11.5.

(d)   The flood hazard area design flood elevation and floodway limits must be known in order to determine compliance with this general permit. If the flood hazard area design flood elevation and/or floodway limits can be determined using Methods 1, 2 or 3 (at N.J.A.C. 7:13-3.3, 3.4(d) and 3.4(e), respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 does not need to be obtained prior to obtaining authorization under this general permit. However, if the flood hazard area design flood elevation and/or floodway limits are determined using Methods 4, 5 or 6 (at N.J.A.C. 7:13-3.4(f), 3.5 and 3.6, respectively), then a verification pursuant to N.J.A.C. 7:13-6.1 must be obtained from the Department prior to, or concurrent with, obtaining authorization under this general permit.

 

7:13-8.10 General permit 8 for a utility line across or along a water with a drainage area of less than 50 acres

(a)   This section sets forth a general permit to construct a utility line across or along a regulated water that has a drainage area of less than 50 acres. The application requirements and review procedures for this general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)   In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), a utility crossing is eligible for authorization under general permit 8 only if:

1.    It is located across or along a regulated water that has a drainage area of less than 50 acres;

2.    It is not located in the flood hazard area or riparian zone of another regulated water that has a drainage area of 50 acres or greater;

3.    It is authorized under a valid freshwater wetlands general permit 2 or 21, pursuant to N.J.A.C. 7:7A-5.2 or 5.21, respectively;

4.    It meets the requirements for disturbance in the riparian zone at N.J.A.C. 7:13-10.2, including any justification that may be required for the activity and any limitations on the area of vegetation that can be cleared, cut or removed in the riparian zone; and

5.    It meets the requirements at N.J.A.C. 7:13-11.9 for the construction of a utility line.

7:13-8.11 General permit 9 for a roadway or footbridge across a water with a drainage area of less than 50 acres

(a)        This section sets forth a general permit to construct a roadway or footbridge across a regulated water that has a drainage area of less than 50 acres. The application requirements and review procedures for this general permit are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)        In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), a roadway or footbridge is eligible for authorization under general permit 9 only if:

1.    It crosses a regulated water that has a drainage area of less than 50 acres;

2.    It is not located in the flood hazard area or riparian zone of another regulated water that has a drainage area of 50 acres or greater;

3.    It is authorized under a valid freshwater wetlands general permit 10A or 10B, pursuant to N.J.A.C. 7:7A-5.10A or 5.10B, respectively;

4.    It meets the requirements for disturbance in the riparian zone at N.J.A.C. 7:13-10.2, including any justification that may be required for the activity and any limitations on the area of vegetation that can be cleared, cut or removed in the riparian zone; and

5.    It meets the requirements at N.J.A.C. 7:13-11.7(e) through (l) for the protection of aquatic habitat and the maintenance of low-flow aquatic passage.

7:13-8.12 General permit 10 for a stormwater outfall along a water with a drainage area of less than 50 acres

(a)        This section sets forth a general permit to construct a stormwater outfall structure along a regulated water that has a drainage area of less than 50 acres. The application requirements and review procedures for this general permit authorization are set forth at N.J.A.C. 7:13-8.1(c) through (e).

(b)        In addition to satisfying the requirements applicable to all general permits at N.J.A.C. 7:13-8.1(b), a stormwater outfall structure is eligible for authorization under general permit 10 only if:

1.    It is located along a regulated water that has a drainage area of less than 50 acres;

2.    It is not located in the flood hazard area or riparian zone of another regulated water that has a drainage area of 50 acres or greater;

3.    It is authorized under a valid freshwater wetlands general permit 11, pursuant to N.J.A.C. 7:7A-5.11;

4.    It meets the requirements for disturbance in the riparian zone at N.J.A.C. 7:13-10.2, including any justification that may be required for the activity and any limitations on the area of vegetation that can be cleared, cut or removed in the riparian zone; and

5.    It meets the requirements at N.J.A.C. 7:13-11.10 for the construction of a stormwater outfall structure.