N.J. Admin. Code § 7:13-7.38

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

Section 7:13-7.38 - Permit-by-rule 38-attachment of a utility line to a lawfully existing roadway or railroad that crosses a regulated water

(a) Permit-by-rule 38 authorizes the attachment of a utility line to a lawfully existing roadway or railroad that crosses a regulated water, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The regulated water is not disturbed;

2. No more than 1,000 square feet of riparian zone vegetation is cleared, cut, and/or removed, and all such vegetation lies within an existing right-of-way that is periodically mowed and/or cleared;

3. All disturbed areas in the flood hazard area are restored to pre-construction topography upon completion of the regulated activity;

4. No part of the utility line, its encasement, or any attachment device extends above the profile of the roadway or railroad or across the opening of any bridge or culvert;

5. The portion of the utility line attached to the roadway or railroad is situated at least one foot above the flood hazard area design flood elevation;

6. Where a predominant direction of flow in the regulated water is discernible, the utility line is attached to the downstream face of the roadway or railroad crossing;

7. All work is accomplished without displacing or damaging any bridge or culvert under the roadway or railroad;

8. The utility line is sealed to ensure that there will be no leakage or discharge in a regulated area;

9. No manhole is constructed within 10 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;

10. The top of any manhole in a floodway is flush with the ground;

11. The top of any manhole in a flood fringe is flush with the ground, where feasible; and

12. Any manhole in a flood hazard area has a watertight cover.

N.J. Admin. Code § 7:13-7.38

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