N.J. Admin. Code § 7:13-3.3

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

Section 7:13-3.3 - Flood hazard area and floodway based on a Department delineation (Method 1)

(a) This section sets forth the procedure for determining a flood hazard area design flood elevation and floodway limit from a Department delineation. Appendix 2 of this chapter lists the Department delineated waters of New Jersey. Requests for copies of a Department delineation, including flood profiles and maps, as well as any questions regarding the use, derivation or modification of these delineations, should be directed to the Department's Office of Floodplain Management at the following address:

State of New Jersey

Department of Environmental Protection

Bureau of Dam Safety and Flood Control

P.O. Box 419

Trenton, New Jersey 08625-0419

Telephone: (609) 984-0859

(b) Under Method 1:

1. The flood hazard area design flood elevation shall be equal to two feet above the design flood elevation shown on the flood profile adopted as part of the Department delineation, unless subsequent to July 17, 2023, the Department revises a flood profile in accordance with N.J.A.C. 7:13-3.8 to account for changes in flood elevations due to increased precipitation, in which case the flood hazard area design flood elevation is that which is shown on the revised flood profile; and

2. The floodway limit is that which is shown on the flood maps adopted as part of the Department delineation.

(c) The flood hazard design elevation and floodway limits for a regulated water depicted on FEMA flood mapping that includes the Department's flood hazard area design flood elevation and that reflects FEMA's final determination of the 100-year flood elevation (base flood elevation) effective pursuant to 44 CFR 67.10 are incorporated into this chapter as the Department delineation of the regulated water.

1. The Department shall publish notice in the New Jersey Register of any flood hazard area design flood elevation and floodway limits so incorporated. The notice shall include any necessary administrative change to the list of delineated waters in Appendix 2.

(d) An applicant seeking to modify a Department delineation shall submit an application for a revision as provided at N.J.A.C. 7:13-3.7.

(e) If an applicant proposes construction in a Department delineated floodway, and must prepare hydraulic calculations to demonstrate that the construction meets the requirements of this chapter, the applicant shall base the calculations on the the flow rates and other hydraulic data that were used to determine the flood hazard area and floodway limits in the Department delineation. Such data is available from the Department at the address listed in (a) above.

N.J. Admin. Code § 7:13-3.3

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

Amended by 55 N.J.R. 1385(b), effective 7/17/2023