N.J. Admin. Code § 7:13-7.9 - Permit-by-rule 9 - general construction activities in a tidal flood hazard area

(a) Permit-by-rule 9 authorizes general construction activities in a tidal flood hazard area, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The existing ground elevation is not raised in any floodway;

2. No aboveground structure is constructed in any floodway;

3. No habitable building, fuel tank, solar panel, or underground utility line that conveys a gas or liquid is constructed;

4. No disturbance is located within 25 feet of any top of bank, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water;

5. Any clearing, cutting, and/or removal of riparian zone vegetation is limited to actively disturbed areas; and

6. The project, in combination with all activities onsite since November 5, 2007, will not result in a net loss of greater than one-quarter acre of riparian zone vegetation.

Notes

N.J. Admin. Code § 7:13-7.9

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016 Amended by 49 N.J.R. 2246(a), effective 7/17/2017