NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
\n<\/b>LAND USE MANAGEMENT
\nDIVISION
\nOF LAND USE REGULATION<\/p>\n
Notice of Rule Proposal<\/strong> Proposed Amendments and New Rules: Public Notice<\/b> The Flood Hazard Area Control rules implement the New Jersey Unless properly controlled, development within flood hazard areas In light of the concerns described above, the proposed new Flood The Department is also proposing related amendments to the Coastal
\nProposed Repeal and New Rules:
\nFlood Hazard Area Control Rules, N.J.A.C. 7:13<\/p>\n
\nNinety-Day Construction Permits Rules, N.J.A.C. 7:1C
\nCoastal Permit Program Rules, N.J.A.C. 7:7
\nCoastal Zone Management Rules, N.J.A.C. 7:7E<\/p>\n
\nTake notice that the New Jersey Department of Environmental Protection (Department)
\nis proposing to repeal the existing Flood Hazard Area Control
\nrules and to adopt new rules in its place. The Department
\nis also proposing related amendments to the Ninety-Day Construction
\nPermits rules, Coastal Permit Program rules and Coastal Zone
\nManagement rules. A statement of the substance of the proposal
\nfollows:<\/p>\n
\nFlood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.,
\nthrough which the Department executes the directive to “adopt
\nland use regulations for the flood hazard area, to control
\nstream encroachments, to coordinate effectively the development,
\ndissemination, and use of information on floods and flood
\ndamages that may be available.” The
\nDepartment’s experience in administering these rules,
\nas well as the recent flood events in the State, have demonstrated
\nthe need to adopt new rules that will better protect the
\npublic from the hazards of flooding, preserve the quality
\nof surface waters and protect the wildlife and vegetation
\nthat exist within and depend upon such areas for sustenance
\nand habitat.<\/p>\n
\ncan increase the intensity and frequency of flooding by reducing
\nflood storage, increasing stormwater runoff and obstructing
\nthe movement of floodwaters. In addition, structures that
\nare improperly built in flood hazard areas are subject to
\nflood damage and threaten the health, safety and welfare
\nof those who use them. Furthermore, healthy vegetation adjacent
\nto surface waters is essential for maintaining bank stability
\nand water quality. The indiscriminate disturbance of such
\nvegetation can destabilize channels, leading to increased
\nerosion and sedimentation that exacerbates the intensity
\nand frequency of flooding. The loss of vegetation adjacent
\nto surface waters also reduces filtration of stormwater runoff
\nand thus degrades the quality of these waters.<\/p>\n
\nHazard Area Control rules incorporate
\nmore stringent standards for development in flood hazard
\nareas and adjacent to surface waters in order to mitigate
\nthe adverse impacts to flooding and the environment that
\ncan be caused by development. Consequently, a large number
\nof significant changes are being proposed to the construction
\nand environmental standards of the rules. For example, under
\nthe proposed rules, any flood storage that is lost due to
\nmost new construction activities must be compensated by the
\ncreation of an equal volume of flood storage either onsite
\nor in close proximity to the development. This will preserve
\nexisting flood storage and help mitigate increases in flooding
\nover time. Furthermore, the 25-ft and 50-ft stream buffers
\nunder the existing rules are proposed for expansion to 50-ft,
\n150-ft and 300-ft, depending on the environmental resources
\nof each stream. Many other changes are also being proposed
\nto protect the public from the hazards of flooding, prevent
\nunnecessary impacts to stream corridors, and facilitate projects
\nthat would benefit the environment and not contribute to
\nflooding.<\/p>\n
\nPermit Program rules, N.J.A.C. 7:7, and to the Coastal Zone
\nManagement rules, N.J.A.C. 7:7E, in order to ensure better
\nconsistency with N.J.A.C. 7:13 as regards development in
\nflood hazard areas and preservation of vegetation and habitat
\nalong surface waters. For example, the new construction and
\nenvironmental standards of the Flood Hazard Area Control
\nrules are proposed for incorporation into the coastal rules,
\nand the proposed stream buffers described above would be
\nextended to include most tidal waterways. In addition, flood
\nhazard area application fees and review procedures are proposed
\nto be relocated into the Flood Hazard Area Control rules
\nfrom the Ninety-Day Construction Permits rules, N.J.A.C.
\n7:1C, so that all fees and application review standards are
\nlocated in one rule.<\/p>\n