N.J. Admin. Code § 7:13-9.6

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

Section 7:13-9.6 - General permit 6 - construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water

(a) General permit 6 authorizes the construction of one single-family home or duplex, and one associated driveway that does not cross a regulated water, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. No fill or structures are located within a floodway;

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

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

4. The lowest floor of the single-family home or duplex 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;

5. 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);

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;

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

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 disturbance within 75 feet of any top of bank is avoided to the maximum extent practicable;

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 disturbance within 150 feet of any top of bank is avoided to the maximum extent practicable;

10. Where development is proposed within a fluvial flood hazard area, the applicant provides an engineering certification confirming that the flood storage displacement requirements of N.J.A.C. 7:13-11.4 are satisfied; and

11. The applicable requirements at N.J.A.C. 7:13-12.6(c) are satisfied for any proposed driveway.

N.J. Admin. Code § 7:13-9.6

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

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