Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES

  1. Subchapter 1 - GENERAL PROVISIONS (§ 7:13-1.1 to 7:13-1.7)
  2. Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT OR AUTHORIZATION IS REQUIRED (§ 7:13-2.1 to 7:13-2.5)
  3. Subchapter 3 - DETERMINING THE FLOOD HAZARD AREA AND FLOODWAY (§ 7:13-3.1 to 7:13-3.8)
  4. Subchapter 4 - DETERMINING THE RIPARIAN ZONE (§ 7:13-4.1 to 7:13-4.2)
  5. Subchapter 5 - VERIFICATIONS (§ 7:13-5.1 to 7:13-5.6)
  6. Subchapter 6 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS (§ 7:13-6.1 to 7:13-6.7)
  7. Subchapter 7 - PERMITS-BY-RULE (§ 7:13-7.1 to 7:13-7.65)
  8. Subchapter 8 - GENERAL PERMITS-BY-CERTIFICATION (§ 7:13-8.1 to 7:13-8.16)
  9. Subchapter 9 - GENERAL PERMITS (§ 7:13-9.1 to 7:13-9.15)
  10. Subchapter 10 - INDIVIDUAL PERMITS (§ 7:13-10.1 to 7:13-10.7)
  11. Subchapter 11 - AREA-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS (§ 7:13-11.1 to 7:13-11.19)
  12. Subchapter 12 - ACTIVITY-SPECIFIC REQUIREMENTS FOR INDIVIDUAL PERMITS (§ 7:13-12.1 to 7:13-12.21)
  13. Subchapter 13 - RIPARIAN ZONE MITIGATION (§ 7:13-13.1 to 7:13-13.21)
  14. Subchapter 14 - CONSERVATION RESTRICTIONS (§ 7:13-14.1 to 7:13-14.3)
  15. Subchapter 15 - HARDSHIP EXCEPTION FOR AN INDIVIDUAL PERMIT (§ 7:13-15.1 to 7:13-15.5)
  16. Subchapter 16 - EMERGENCY AUTHORIZATIONS (§ 7:13-16.1 to 7:13-16.6)
  17. Subchapter 17 - PRE-APPLICATION CONFERENCES (§ 7:13-17.1 to 7:13-17.2)
  18. Subchapter 18 - APPLICATION REQUIREMENTS (§ 7:13-18.1 to 7:13-18.8)
  19. Subchapter 19 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION (§ 7:13-19.1 to 7:13-19.5)
  20. Subchapter 20 - APPLICATION FEES (§ 7:13-20.1 to 7:13-20.2)
  21. Subchapter 21 - APPLICATION REVIEW (§ 7:13-21.1 to 7:13-21.8)
  22. Subchapter 22 - PERMIT CONDITIONS; EXTENSION, MODIFICATION, TRANSFER, SUSPENSION, AND TERMINATION OF VERIFICATIONS, AUTHORIZATIONS, AND PERMITS (§ 7:13-22.1 to 7:13-22.8)
  23. Subchapter 23 - REQUESTS FOR ADJUDICATORY HEARINGS (§ 7:13-23.1 to 7:13-23.4)
  24. Subchapter 24 - ENFORCEMENT (§ 7:13-24.1 to 7:13-24.11)
  25. Appendix 1 - , version 3
  26. Appendix 2 - , version 2

Notes

CHAPTER SOURCE AND EFFECTIVE DATE:
Effective: July 8, 2021.
See: 53 N.J.R. 1277(b).
CHAPTER HISTORICAL NOTE:
Chapter 13, Water Supply and Flood Plain Management, was adopted as new rules by R.1975 d.105, effective June 2, 1975. See: 6 N.J.R. 391(a), 7 N.J.R. 206(b).
Pursuant to Executive Order No. 66(1978), Chapter 13, Water Supply and Flood Plain Management, expired on July 19, 1983.
Subchapter 11, Delineated Floodways, was readopted as R.1983 d.321, effective July 21, 1983. See: 15 N.J.R. 839(a), 15 N.J.R. 1374(b).
Chapter 13, Flood Hazard Areas, was adopted as new rules by R.1984 d.201, effective May 21, 1984, and Subchapter 11, Delineated Floodways, was recodified as N.J.A.C. 7:13-7.1. See: 15 N.J.R. 2104(a), 16 N.J.R. 1201(a).
The Executive Order No. 66(1978) expiration date for Chapter 13, Flood Hazard Area Control, was extended by gubernatorial directive from May 4, 1989 to July 17, 1989. See: 21 N.J.R. 1481(a).
Pursuant to Executive Order No. 66(1978), Chapter 13, Flood Hazard Area Control, was readopted as R.1989 d.415, effective July 14, 1989. See: 21 N.J.R. 371(a), 21 N.J.R. 2350(a).
Pursuant to Executive Order No. 66(1978), Chapter 13, Flood Hazard Area Control, was readopted as R.1994 d.338, effective June 10, 1994. See: 26 N.J.R. 1036(a), 26 N.J.R. 2791(a).
Chapter 13, Flood Hazard Area Control, was repealed and Chapter 13, Flood Hazard Area Control, was adopted as new rules by R.1995 d.149. See: 26 N.J.R. 1009(a), 27 N.J.R. 1211(a).
The Executive Order No. 66(1978) expiration date for Chapter 13, Flood Hazard Area Control, was extended by gubernatorial directive from March 20, 2000 to December 31, 2000. See: 32 N.J.R. 1253(b).
The Executive Order No. 66(1978) expiration date for Chapter 13, Flood Hazard Area Control, was extended by gubernatorial directive from December 31, 2000 to June 30, 2001. See: 33 N.J.R. 553(c).
The Executive Order No. 66(1978) expiration date for Chapter 13, Flood Hazard Area Control, was extended by gubernatorial directive from June 30, 2001 to June 30, 2002. See 33 N.J.R. 2641(a).
In accordance with N.J.S.A. 52:14B-5.1d, Chapter 13, Flood Hazard Area Control, expiration date was extended by gubernatorial directive from June 30, 2002 to December 30, 2003. See: 34 N.J.R. 2802(c).
In accordance with N.J.S.A. 52:14B-5.1d, Chapter 13, Flood Hazard Area Control, expiration date was extended by gubernatorial directive from December 30, 2003 to June 30, 2005. See: 36 N.J.R. 886(a).
Chapter 13, Flood Hazard Area Control, was readopted as R.2006 d.44, effective December 23, 2005. See: 37 N.J.R. 2759(a), 38 N.J.R. 947(a).
Chapter 13, Flood Hazard Area Control, was repealed and Chapter 13, Flood Hazard Area Control Act Rules, was adopted as new rules by R.2007 d.340, effective November 5, 2007. See: 38 N.J.R. 3950(a), 39 N.J.R. 4573(a).
Petition for Rulemaking. See: 42 N.J.R. 733(c), 1085(b).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 13, Flood Hazard Area Control Act Rules, was scheduled to expire on November 5, 2014. See: 43 N.J.R. 1203(a).
Chapter 13, Flood Hazard Area Control Act Rules, was readopted, effective October 6, 2014. See: 46 N.J.R. 2149(a).
Subchapter 14, Transfer, Suspension and Termination of an Approval, was renamed Transfer, Suspension, and Termination of an Approval; and Subchapter 17, Application Fees, was repealed and Subchapter 17, Application Fees, was adopted as new rules by R.2015 d.023, effective February 2, 2015. See: 46 N.J.R. 1839(a), 47 N.J.R. 422(a).
Subchapter 2, Extent of Regulatory Authority, was renamed Applicability and Activities for Which a Permit or Authorization Is Required; Subchapter 5, Applicability Determinations, was repealed, and Subchapter 5, Verifications, was adopted as new rules; Subchapter 6, Verifications, was repealed, and Subchapter 6, General Provisions for Permits-By-Rule, General Permits-By-Certification, and General Permits, was adopted as new rules; Subchapter 7, Permits-By-Rule, was repealed, and Subchapter 7, Permits-By-Rule, was adopted as new rules; Subchapter 8, General Permits, was repealed, and Subchapter 8, General Permits-By-Certification, was adopted as new rules; Subchapter 9, Individual Permits, was renamed General Permits; Subchapter 10, Individual Permits, was adopted as new rules, and former Subchapter 10, Individual Permit Requirements Within Various Regulated Areas, was recodified to Subchapter 11 and renamed Area-Specific Requirements for Individual Permits; former Subchapter 11, Individual Permit Requirements for Various Regulated Activities, was recodified to Subchapter 12 and renamed Activity-Specific Requirements for Individual Permits; former Subchapter 12, Emergency Permits, was repealed; former Subchapter 13, Revision of An Approval, was repealed, and Subchapter 13, Riparian Zone Mitigation, was adopted as new rules; former Subchapter 14, Transfer, Suspension, and Termination of An Approval, was repealed, and Subchapter 14, Conservation Restrictions, was adopted as new rules; former Subchapter 15, Application Requirements, was repealed, and Subchapter 15, Hardship Exception For An Individual Permit, was adopted as new rules; former Subchapter 16, Public Notice of Applications, was repealed, and Subchapter 16, Emergency Authorizations, was adopted as new rules; Subchapter 17, Pre-Application Conferences, was adopted as new rules, and former Subchapter 17, Application Fees, was recodified to Subchapter 20; former Subchapter 18, Requests for Adjudicatory Hearings, was repealed, and Subchapter 18, Application Requirements, was adopted as new rules; Subchapter 19, Requirements for An Applicant to Provide Public Notice of An Application, was adopted as new rules, and former Subchapter 19, Enforcement, was recodified to Subchapter 24; and Subchapter 21, Application Review, Subchapter 22, Permit Conditions; Extension, Modification, Transfer, Suspension, and Termination of Verifications, Authorizations, and Permits, and Subchapter 23, Requests for Adjudicatory Hearings, were adopted as new rules by R.2016 d.055, effective June 20, 2016. See: 47 N.J.R. 1041(a), 48 N.J.R. 1067(a).
Chapter 13, Flood Hazard Area Control Act Rules, was readopted, effective July 8, 2021. See: Source and Effective Date.
Subchapter 2, Applicability and Activities for Which a Permit or Authorization is Required, was renamed Applicability and Activities for Which a Permit is Required, by R.2021 d.033, effective April 5, 2021 (operative October 5, 2021). See: 52 N.J.R. 1522(a), 53 N.J.R. 514(b).
Petition for Rulemaking. See: 54 N.J.R. 727(a), 728(a).

CHAPTER AUTHORITY:

N.J.S.A. 13:1D-1 et seq., 13:1D-29 et seq., specifically 13:1D-33, 13:20-1 et seq., 58:10A-1 et seq., 58:11A-1 et seq., and 58:16A-50 et seq.

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