N.J. Admin. Code § 7:13-7.12

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

Section 7:13-7.12 - Permit-by-rule 12 - construction of an addition(s) to a lawfully existing habitable building

(a) Permit-by-rule 12 authorizes the construction of one or more additions above or adjoining a lawfully existing habitable building located outside a floodway at the time of the construction, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The addition is not located within a floodway;

2. The footprint of the existing building does not increase by more than 400 square feet, cumulatively, since November 5, 2007;

3. The lowest floor of the addition is constructed at least one foot above the flood hazard area design flood elevation, and no lower than the elevation required under the Uniform Construction Code, N.J.A.C. 5:23;

4. The construction of the addition, in combination with all other proposed improvements, does not result in a substantial improvement to the building;

5. Any enclosure below the lowest floor of the addition is not used for habitation, remains open to floodwaters, and is constructed in accordance with N.J.A.C. 7:13-12.5(p);

6. No disturbance is located within 25 feet of any top of bank, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water; and

7. No riparian zone vegetation is cleared, cut, and/or removed, except for vegetation within 20 feet of the building, where such disturbance is necessary to access the building and facilitate the construction of the addition.

N.J. Admin. Code § 7:13-7.12

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

Amended by 49 N.J.R. 2246(a), effective 7/17/2017