N.J. Admin. Code § 7:13-22.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:13-22.5 - Modification of a verification, an authorization under a general permit, or an individual permit

(a) A verification that is valid as described in the provisions regarding duration of verifications at N.J.A.C. 7:13-5.3, an authorization under a general permit that is valid as described in the provisions regarding duration of authorizations under general permits at N.J.A.C. 7:13-6.6, or an individual permit that is valid as described in the provisions regarding duration of individual permits at N.J.A.C. 7:13-10.2, may be modified in accordance with this section through an administrative modification, a minor technical modification, or a major technical modification. An authorization under a general permit-by-certification shall not be modified.

(b) The term of a verification, an authorization under a general permit, or an individual permit shall not be extended by a modification.

(c) An administrative modification of a verification, an authorization under a general permit, or an individual permit applies to a change to a site plan or other document on which the original verification, authorization under a general permit, or individual permit was based but which does not alter the design or layout of the project or affect the flood hazard area design flood elevation, floodway limits, or riparian zone width. An administrative modification may include:

1. Correcting a drafting or typographical error on a site plan or report;

2. Improving topographical or other data in order to make the verification, authorization under a general permit, or individual permit more accurately reflect the site, the extent of regulated areas, and/or the permitted activities; or

3. Adding notes, labels, or other clarifying information to the approved site plan, if required to do so by the Department or another government entity.

(d) A minor technical modification of a verification, an authorization under a general permit, or an individual permit applies to a change in the design or layout of a project or the flood hazard area design flood elevation, floodway limits, or riparian zone width, including any associated change to an approved site plan or other document, that, without hydrologic, hydraulic, flood storage, stability, or stormwater calculations, the applicant demonstrates does not result in new or additional impacts to the flood hazard area or riparian zone. The Department therefore will not review such calculations in the context of a minor technical modification in order to determine if the modified regulated activity, project, or delineation continues to comply with the requirements of this chapter. A minor technical modification may include:

1. A change in materials or construction techniques;

2. A reduction in the amount of development on the site, such as deletion of a permitted structure or activity, or a reduction in the footprint of a regulated activity or project;

3. A change in the flood hazard area design flood elevation or floodway limits to comply with:

i. A Department delineation amended pursuant to N.J.A.C. 7:13-3.7 or 3.8, or otherwise amended or adopted by rulemaking; or

ii. FEMA flood mapping that is Adopted by FEMA;

4. A change in the riparian zone width due to data obtained by the Department after a verification is issued; and

5. A change in the size, shape, or location of the regulated activities or project, provided the total area covered by impervious surface does not increase.

(e) A major technical modification of a verification, an authorization under a general permit, or an individual permit applies to any change in a delineation or regulated activities or project authorized pursuant to the verification, authorization, or individual permit, including any associated change to an approved site plan or other document, that is not addressed under (c) or (d) above and that does not require a new permit in accordance with (f) below.

(f) Notwithstanding any other provision in this section, the Department shall not issue a modification of a verification, an authorization under a general permit, or an individual permit if the Department determines that the person requesting the modification proposes changes to the delineation that constitute a substantial redelineation of flood hazard area design flood elevations or floodway limits or a substantial redesign of the regulated activities or project, or will significantly increase the environmental impact of the regulated activities or project, or will exacerbate flooding. In such a case, the applicant shall submit a new application for a verification, an authorization, or an individual permit in accordance with N.J.A.C. 7:13-18 and the Department shall review the application in accordance with N.J.A.C. 7:13-21. Changes for which a new application shall be submitted include:

1. In the case of a verification:

i. A redelineation of a verified flood hazard area and/or floodway limit, which is based on new hydrologic and hydraulic calculations; or

ii. Addition of any previously unverified sections of a regulated water; and

2. In the case of an authorization under a general permit or an individual permit:

i. A change to the basic purpose or use of a regulated activity or project, such as a change from the construction of a hospital to the construction of an apartment complex;

ii. An expansion of a regulated activity or project beyond that which was described in the public notice of the application provided in accordance with N.J.A.C. 7:13-19;

iii. A substantial redesign of the regulated activity or project or its stormwater management system such that the Department determines a new engineering analysis of the site and/or regulated activity or project is necessary;

iv. A significant change in the size or scale of the regulated activity or project, including the addition of structures;

v. A significant change in the impact of the regulated activity or project on any flood hazard area or riparian zone; or

vi. A change that would result in impacts to a site not owned or controlled by the permittee.

(g) The modified verification, modified authorization under a general permit, or modified individual permit, including all conditions listed therein, shall be recorded within 30 calendar days of receipt by the person requesting such modification, with the Office of the County Clerk (the Registrar of Deeds and Mortgages, if applicable) of each county in which the site is located. Where the site subject to the modified verification, modified authorization under a general permit, or modified individual permit is located within two or more counties, the modified verification, authorization, or permit shall be recorded within 90 calendar days of receipt. Upon completion of all recording, a copy of the recorded modified verification, authorization, or permit shall be forwarded to the Division of Land Use Regulation at the address set forth at N.J.A.C. 7:13-1.3.

N.J. Admin. Code § 7:13-22.5

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