N.J. Admin. Code § 7:13-3.7

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

Section 7:13-3.7 - Revision of a Department delineation by application

(a) This section applies to the revision of a flood hazard area design flood elevation, flood hazard area limit, floodway limit, and/or other related feature on a flood hazard area delineation that has been promulgated by the Department, in response to an application made to the Department by any person. Appendix 2 of this chapter lists the Department delineated waters of New Jersey.

(b) There are two types of delineation revisions, as follows:

1. A minor revision of a delineation is a change in the flood hazard area design flood elevation, flood hazard area limit, floodway limit and/or other related feature, which does not require the Department to review detailed engineering calculations in order to determine that the revision is accurate. Examples of a minor revision include the following, provided no review of calculations is required:

i. Correcting a drafting error;

ii. Improving topographical data;

iii. Deletion or addition of structures that were previously unmapped or mapped in error (unless said structure would alter the original hydraulic modeling); and

iv. Adding notes, labels or other clarifying information required by the Department or another governing body; and

2. A major revision of a delineation is a change in the flood hazard area design flood elevation, flood hazard area limit, floodway limit and/or other related feature, which requires the Department to review detailed engineering calculations in order to determine that the revision is accurate. Examples of a major revision include:

i. Correcting the floodway limit;

ii. Improving the hydrologic modeling upon which the delineation is based, resulting in a new peak flow rate; and

iii. Improving the hydraulic modeling upon which the delineation is based, such as adding cross-sections, revising, improving or correcting topography, or altering data for a water control structure, resulting in a new water surface profile.

(c) The Department shall issue a revision of a delineation only for a section of water already promulgated by the Department. The Department shall not add or remove a section of delineated water from Appendix 2 under this section.

(d) An application for a minor revision of a Department delineation shall include the following:

1. The application fee required under N.J.A.C. 7:13-20;

2. A completed application form as described at N.J.A.C. 7:13-22.3(c)1 and available from the Department at the address set forth at N.J.A.C. 7:13-1.3;

3. One copy of the Department delineation that is the subject of the revision application;

4. A detailed written description of the proposed revisions to the flood hazard area design flood elevation, flood hazard area limit, floodway limit and/or other related feature; and

5. Three copies of revised site plans, signed and sealed by an engineer or land surveyor, as appropriate, depicting the existing and the revised flood hazard area design flood elevations, flood hazard area limits, floodway limits, and/or other related features. These site plans shall be of the same scale as the Department delineation that is the subject of the revision, unless otherwise requested by the Department.

(e) After reviewing an application for a minor delineation revision, the Department shall:

1. Notify the applicant that the application did not include all the material required at (d) above, or that supplemental information is needed to determine if the application complies with this chapter, and request the missing information. The Department may cancel the application if the requested information is not provided within 60 calendar days. When the requested material is received, the Department shall take one of the actions in (e)2 or 3 below;

2. Notify the applicant in writing that the application does not meet the requirements of this chapter, deny the application, and provide the technical reasons for this decision; or

3. Determine that the revision is accurate and necessary, in which case the Department shall revise the delineation as necessary and provide the applicant and the affected municipalities with a copy of the revised flood hazard area and/or floodway maps.

(f) Workload permitting, the Department shall make a final decision on an application for a minor delineation revision within 60 calendar days of receiving a complete application.

(g) An application for a major revision of a Department delineation shall include the following:

1. All material listed in (d) above;

2. All supporting hydrologic and hydraulic calculations, which are necessary to demonstrate that the proposed revision meets the requirements of this chapter;

3. A narrative that explains the submitted calculations and describes why each particular calculation or methodology was used; and

4. All maps, references and other supporting materials that were used to prepare the submitted calculations.

(h) After reviewing an application for a major delineation revision, the Department shall:

1. Notify the applicant that the application did not include all the material required at (g) above, or that supplemental information is needed to determine if the application complies with this chapter, and request the missing information. The Department may cancel the application if the requested information is not provided within 60 calendar days. When the requested material is received, the Department shall take one of the actions in (h)2 or 3 below;

2. Notify the applicant that the application does not meet the requirements of this section, deny the application, and provide the technical reasons for this decision; or

3. Determine that the revision is accurate and necessary and proceed with the revision according to (i) below.

(i) If the Department determines that a major delineation revision is accurate and necessary, the Department shall proceed with the revision as follows:

1. The Department shall publish notice of its intent to revise the delineation in the New Jersey Register, as well as in the official newspaper of each affected municipality (or in a newspaper of general circulation in each affected municipality if there is no official newspaper) and in one newspaper of regional circulation (relative to the location of the project). This notice shall include:

i. The location of the delineation to be revised;

ii. The reason the Department intends to revise the delineation;

iii. An invitation for interested parties to submit written comments and to attend a public hearing to be held in one or more of the affected municipalities; and

iv. The mailing address and telephone number of a contact person within the Department who is able to discuss the proposed revision.

2. During the public hearing, the Department shall:

i. Explain the proposed revision, including any impacts the Department expects from revising the delineation; and

ii. Collect public comments.

3. Upon consideration of the available information and public comments, if the Department concludes that revising the delineation is in the best interest of public health, safety, and welfare, the Department shall:

i. Revise the delineation as the Department deems necessary;

ii. Publish a description of the revision in the New Jersey Register, including a response to any public comments;

iii. Publish a public notice describing the revision in the official newspaper of each affected municipality (or in a newspaper of general circulation in each affected municipality if there is no official newspaper) as well as in one newspaper of regional circulation (relative to the location of the project); and

iv. Provide the applicant and affected municipalities with a copy of the revised flood hazard area and/or floodway map (except in cases where the Department initiates the revision pursuant to N.J.A.C. 7:13-3.8) .

(j) Workload permitting, the Department shall make a final decision on an application for a major delineation revision within 180 calendar days of receiving a complete application.

N.J. Admin. Code § 7:13-3.7

Amended and recodified from 7:13-13.4 by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 53 N.J.R. 514(b), effective 4/5/2021