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[\/vc_column_text][vc_separator][\/vc_column][\/vc_row][vc_row][vc_column][vc_tta_tabs color=”sky” active_section=”1″][vc_tta_section title=”Overview” tab_id=”sw-overview”][vc_column_text]A\u00a0stormwater basin<\/strong>\u00a0is a structure used to detain and treat stormwater runoff.\u00a0Basins help prevent flooding, especially flash flooding, along New Jersey\u2019s watercourses.\u00a0 Stormwater basins are generally proposed as part of a larger residential or commercial project which has triggered compliance with the Stormwater Management rules at N.J.A.C. 7:8.<\/p>\n Stormwater basin construction, repair or reconstruction may result in disturbances to \u201cspecial areas\u201d regulated by the Department and may require multiple permits from the Division of Land Use Regulation prior to site preparation or construction. The presence or absence of special areas can be rudimentarily determined using the Department\u2019s online mapping service,\u00a0NJ-GeoWeb.\u00a0 Special areas within your project site may also affect the type of authorization required.\u00a0 Therefore, it is important to closely examine a proposed project relative to the sensitive areas which may be impacted.<\/p>\n The above tabs provide additional information on permit requirements relating to stormwater basin construction, repair, and\/or reconstruction.\u00a0 For impacts to streams, rivers, lakes, ponds, flood plains, flood ways, riparian zones, please see the “Flood Hazard<\/strong>” tab. For impacts to special coastal areas, please see the “Coastal<\/strong>” tab. For impacts to Freshwater Wetlands, see the\u00a0“Freshwater Wetlands<\/strong>” tab.\u00a0 Information on Tidelands can be found by selecting the “Tidelands<\/strong>” tab.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”Freshwater Wetlands” tab_id=”sw-fww”][vc_column_text]Constructing a new Basin<\/strong><\/p>\n There are no Freshwater Wetlands General Permits for the construction of a stormwater basin (basin) within freshwater wetlands and\/or State open waters. If the basin will be located in transition areas only, the project may be eligible for a \u201cTransition Area Special Activity Waiver\u201d (SAW) for \u201cStormwater Management\u201d. In order to qualify, the applicant would have to demonstrate that there is no other feasible location or configuration for the basin that would minimize impacts to the transition area. In the alternative, the basin could be constructed within a transition area through the use of a \u201cTransition Area Averaging Plan\u201d.<\/p>\n If the basin will disturb freshwater wetlands or State open waters, or it cannot comply with the SAW requirements, a Freshwater Wetlands Individual Permit (IP) would be required. An IP application would need to include a description as to why the basin cannot be constructed outside of regulated areas.<\/p>\n Maintaining a Previously Constructed Basin<\/strong><\/p>\n Before determining if a permit is necessary from the Division for maintenance, it is important to determine if the area within the basin would be considered regulated wetlands. Basins previously constructed in wetlands or on streams would likely be regulated under the FWPA. Those basins constructed within uplands where hydrophytic vegetation has developed (either intentionally or unintentionally) within the basin, may or\u00a0may not<\/u>\u00a0be considered regulated. This determination would be dependent on other parameters such as the presence of hydric soils within the basin.<\/p>\n If an area within a basin is considered regulated under the FWPA, an applicant can clean or maintain the basin after obtaining a Freshwater Wetlands General Permit 1 GP1 \u2013 Maintenance and repair of existing features<\/a>. This allows for the maintenance within the basin as long as the activities don\u2019t expand, widen, or deepen the basin beyond the original design depth. The permit is active for 5 years with an optional extension for 5 more years. This allows for up to 10 years of basin maintenance under a single permit.<\/p>\n When submitting for a GP1 for stormwater basin maintenance, the Department has 30 days from the day it is determined to be administratively complete in which to issue a decision as to whether the activities are\u00a0not<\/u>\u00a0authorized under a GP1, or that it\u00a0may<\/u>\u00a0be authorized but will require a full application review. If the applicant does not receive a notification of either decision than the application is automatically approved. Please see the appropriate section of the Freshwater Wetlands Protection Act Rules, 7:7A-5.1<\/a> for more information.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”Flood Hazard Areas” tab_id=”sw-fha”][vc_column_text]The construction of a detention basin in regulated areas requires authorization by the Department. However, if the project is regulated pursuant to the Coastal Zone Management Rules at N.J.A.C. 7:7<\/a>, then no separate flood hazard area approval is required.\u00a0 In these instances, the applicant need only submit a report and plans demonstrating compliance with the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13<\/a> as part of the coastal permit application. However, for projects in areas regulated under the Flood Hazard Area Control Act Rules, a flood hazard area permit is required.<\/p>\n