N.J. Admin. Code § 7:13-8.6

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

Section 7:13-8.6 - General permit-by-certification 6 - construction of one single-family home or duplex in a tidal flood hazard area

(a) General permit-by-certification 6 authorizes the construction of one single-family home or duplex in a tidal flood hazard area, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The applicant has obtained a verification of any flood hazard area design flood elevation, floodway limits, and riparian zone limits onsite, pursuant to N.J.A.C. 7:13-5;

2. The applicant obtains an engineering certification confirming that no fill or structures are being placed within a floodway;

3. The single-family home or duplex is not being constructed as part of a residential subdivision or multi-unit development;

4. The lot on which the single-family home or duplex is being constructed was not created or subdivided after November 5, 2007;

5. The applicant obtains an engineering certification confirming that the lowest floor of the single-family home or duplex is being 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;

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

7. Within a 50-foot riparian zone, no more than 3,500 square feet of riparian zone vegetation is cleared, cut, and/or removed, and 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;

8. Within a 150-foot riparian zone, no more than 7,000 square feet of riparian zone vegetation is cleared, cut, and/or removed, and no disturbance is located within 75 feet of any top of bank; and

9. Within a 300-foot riparian zone, no more than 7,000 square feet of riparian zone vegetation is cleared, cut, and/or removed, and no disturbance is located within 150 feet of any top of bank.

N.J. Admin. Code § 7:13-8.6

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

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