N.J. Admin. Code § 7:13-12.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:13-12.11 - Requirements for a dam

(a) This section sets forth specific design and construction standards for the construction, replacement, repair, or removal of a dam that serves as a component of a stormwater management basin within any regulated area. Regulated activities associated with the construction, replacement, or repair of a dam, such as channel modification, the excavation of a stormwater management basin, or the creation of a stormwater collection and discharge system, shall be reviewed in accordance with the appropriate requirements for those activities under this chapter. This section applies only to the dam itself.

(b) The activities at (b)1 and 2 below do not require a flood hazard area approval under this chapter, provided all applicable requirements of the Dam Safety Standards at N.J.A.C. 7:20 are met. Dams and certain associated activities are subject to the Department's Dam Safety Standards at N.J.A.C. 7:20, administered by the Department's Bureau of Dam Safety and Flood Control. For additional information concerning the regulation of dams see http://www.nj.gov/dep/damsafety.

1. The construction, replacement, repair, or removal of any dam that does not serve as a component of a stormwater management basin; and

2. Any regulated activity performed in association with the removal of a dam that does not serve as a component of a stormwater management basin.

(c) The Department shall issue an individual permit to construct a new dam only if all proposed disturbance is located at least 25 feet from any top of bank, unless the applicant demonstrates that:

1. There is a compelling need to construct the dam, which cannot be met without disturbance within 25 feet of any top of bank; and

2. All disturbance is located outside any channel with fishery resources, as set forth at 7:13-11.5, except where:

i. The disturbance is unavoidable; and

ii. The dam is modified, as necessary, to include a fish ladder or other similar mechanism that permits fish to pass the structure in either direction.

(d) The Department shall issue an individual permit to reconstruct, replace, or repair a dam only if all proposed disturbance located within 25 feet of any top of bank is the minimum necessary to meet the applicable Federal and State requirements.

N.J. Admin. Code § 7:13-12.11

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Administrative Change, 51 N.J.R. 1193(a).