N.J. Admin. Code § 7:13-12.12

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

Section 7:13-12.12 - Requirements for a flood control project

(a) This section sets forth specific design and construction standards that apply to any flood control project proposed in any regulated area.

(b) The Department shall issue an individual permit for a flood control project only if the applicant is a public entity, and the applicant provides a detailed analysis of the existing flooding problem that is to be mitigated. At minimum, this analysis shall include the following:

1. The frequency and intensity of flooding;

2. The number of homes, businesses and other facilities historically affected by flooding;

3. A cost-benefit analysis for the proposed flood control project, which includes a comparison of any adverse environmental impacts that may be caused by the project with the benefits for flood relief for each investigated alternative;

4. A discussion regarding which storms the flood control project is designed to mitigate and why these storms were selected;

5. If the flood control project is not designed to alleviate flooding for the 100-year flood and/or the flood hazard area design flood, a demonstration as to why this is not feasible and/or possible; and

6. All hydrologic and hydraulic calculations necessary to demonstrate the need for and viability of the project.

(c) The Department shall issue an individual permit for a flood control project that results in disturbance to a channel and/or riparian zone only if the requirements of (b) above are satisfied and provided the applicant demonstrates that there is no feasible alternative project located outside the channel and riparian zone that would satisfactorily reduce flooding. At minimum, this analysis shall include the following:

1. A demonstration that the flooding problem cannot feasibly be solved through any of the following:

i. Raising, relocating and/or removing the flood prone structures;

ii. Replacing, removing or altering existing water control structures that are contributing to the flooding, such as dams or inadequately-sized bridges or culverts; and

iii. Improving the hydraulic capacity of existing water control structures, such as removing accumulated sediment and debris from bridges and culverts, or eliminating bends, inlets and blockages in culverts;

2. A demonstration that the flooding problem cannot feasibly be solved by reducing the volume and/or flow rate of floodwaters in the channel through either of the following:

i. Constructing regional stormwater management basins upstream of the flooding; and

ii. Redirecting excess flows into pipes or artificial channels to bypass the affected areas; and

3. A demonstration that local stormwater ordinances have been analyzed and modified, to the extent necessary and appropriate, to help ameliorate future flooding within the watershed.

(d) The Department shall issue an individual permit for the lining or piping of a channel as part of a flood control project only if the project meets the requirements at (b) and (c) above, and provided the applicant demonstrates the following:

1. There is no feasible alternative project that would satisfactorily reduce the flooding, which would avoid lining or piping the channel;

2. Lining or piping the channel is necessary to protect public health, safety and welfare; and

3. Adequate mitigation for all lost vegetation and aquatic habitat will occur.

N.J. Admin. Code § 7:13-12.12

Amended and recodified from 7:13-11.12 by 48 N.J.R. 1067(a), effective 6/20/2016