N.J. Admin. Code § 7:13-7.40

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

Section 7:13-7.40 - Permit-by-rule 40-milling, repaving, and/or resurfacing of a lawfully existing pavement

(a) Permit-by-rule 40 authorizes the milling, repaving, and/or resurfacing of a lawfully existing pavement, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The elevation of the surface of the pavement is not raised in a floodway;

2. The elevation of the surface of the pavement is raised by no more than three inches in any area mapped as a fluvial flood fringe on a Department delineation or within any area mapped by FEMA as a fluvial 100-year floodplain. Multiple milling, repaving, and/or resurfacing is permissible provided the cumulative impact of the activity does not result in raising the pavement by a total of more than three inches;

3. The area of pavement is not expanded; and

4. No riparian zone vegetation is cleared, cut, and/or removed, except for actively disturbed areas within 20 feet of the pavement, where such disturbance is necessary to facilitate milling, repaving, and/or resurfacing.

N.J. Admin. Code § 7:13-7.40

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