N.J. Admin. Code § 7:20-1.8

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

Section 7:20-1.8 - Dam classification

(a) The Department will use the following guidelines to classify dams according to hazard. Probable future development of the area downstream from the dam which might be affected by its failure will be considered in determining the hazard classification. The Department may, in its discretion, change the hazard class of any proposed or existing dam.

1. Class I--High Hazard Potential: This classification includes those dams, the failure of which may cause the probable loss of life or extensive property damage.

i. The existence of normally occupied homes in the area that are susceptible to significant damage in the event of a dam failure will be assumed to mean "probable loss of life".

ii. Extensive property damage means the destructive loss of industrial or commercial facilities, essential public utilities, main highways, railroads or bridges. A dam may be classified as having a high hazard potential based solely on high projected economic loss.

iii. Recreational facilities below a dam, such as a campground or recreation area, may be sufficient reason to classify a dam as having a high hazard potential.

2. Class II--Significant Hazard Potential: This classification includes those dams, the failure of which may cause significant damage to property and project operation, but loss of human life is not envisioned. This classification applies to predominantly rural, agricultural areas, where dam failure may damage isolated homes, major highways or railroads or cause interruption of service of relatively important public utilities.

3. Class III--Low Hazard Potential: This classification includes those dams, the failure of which would cause loss of the dam itself but little or no additional damage to other property. This classification applies to rural or agricultural areas where failure may damage farm buildings other than residences, agricultural lands or non-major roads.

4. Class IV--Small Dams: This classification includes any project which impounds less than 15 acres/feet of water to the top of the dam, has less than 15 feet height-of-dam and which has a drainage area above the dam of 150 acres or less in extent. No dam may be included in Class IV if it meets the criteria for Class I or II. Any applicant may request consideration as a Class III dam upon submission of a positive report and demonstration proving low hazard.

N.J. Admin. Code § 7:20-1.8

Amended by R.1990 d.276, effective 6/4/1990.
See: 22 N.J.R. 279(a), 22 N.J.R. 1760(a).
In (a), text clarified regarding DEP's authority to change a hazard class. In (a)4, 15 feet height-of-dam was 10 feet.