N.J. Admin. Code § 7:20-1.1

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

Section 7:20-1.1 - Scope and applicability

(a) The rules in this subchapter were adopted pursuant to the authority of N.J.S.A. 58:4-1 et seq., as amended by the Safe Dam Act of 1981, and N.J.S.A. 13:1D-1 et seq.

1. These rules set forth procedures for application to construct, repair or modify a dam, as defined in N.J.A.C. 7:20-1.2, and set standards for design and maintenance of dams. These rules also establish a dam inspection procedure.

2. Any dam which raises the waters of a stream five feet or less above its usual, mean, low water height falls under the jurisdiction of the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.

3. The requirements in this subchapter shall not affect or relate to a dam or reservoir in the pinelands area, as designated by subsection a. of section 10 of P.L. 1979, c.111 (C. 13:18A-11), which will raise the waters of any river or stream less than eight feet above the surface of the ground where the drainage area above the same is less than one square mile in extent and where the water surface created by the dam or reservoir is less than 100 acres in extent except that the commissioner may investigate and take appropriate action regarding any dam or reservoir about which he has a security or safety concern. With respect to dams and reservoirs located on lands utilized for agricultural or horticultural purposes within the pinelands area, the commissioner's actions shall be undertaken after consultation with the Secretary of Agriculture. See N.J.S.A. 58:4-1, P.L. 1985, c. 33, § 1 and 2.

N.J. Admin. Code § 7:20-1.1

Amended by R.1990 d.276, effective 6/4/1990.
See: 22 New Jersey Register 279(a), 22 New Jersey Register 1760(a).
Added authority N.J.S.A. 13:1D-1 et seq.