N.J. Admin. Code § 7:13-7.21

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

Section 7:13-7.21 - Permit-by-rule 21-construction of a swimming pool associated with residential use

(a) Permit-by-rule 21 authorizes the construction of a swimming pool associated with residential use, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The existing ground elevation is not raised in a floodway;

2. No aboveground pool is constructed in a floodway;

3. For a pool within a fluvial flood hazard area:

i. Any aboveground pool does not displace more than 100 cubic yards of flood storage volume (see N.J.A.C. 7:13-11.4);

ii. Any in-ground pool lies at or below existing grade, except for incidental grading necessary for installation and portions of the pool structure itself that lie aboveground, such as railings and diving boards; and

iii. Any material excavated to construct the pool is removed from the flood hazard area;

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

5. Any clearing, cutting, and/or removal of riparian zone vegetation is limited to actively disturbed areas; and

6. The activity will not result in a net loss of greater than 5,000 square feet of riparian zone vegetation.

N.J. Admin. Code § 7:13-7.21

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