[First Reprint]

SENATE, No. 1821







Sponsored by:


District 7 (Burlington)






     Establishes procedure for removal of certain abandoned water control structures causing property erosion.



     As reported by the Senate Environment and Energy Committee on June 18, 2018, with amendments.


An Act concerning certain 1[flood] water1 control structures, and supplementing P.L.1962, c.19 (C.58:16A-50 et seq.).


     Be It Enacted by the Senate and General Assembly of the State of New Jersey:


     1.    a.  Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, upon petition by a property owner whose property is subject to erosion 1or potential erosion1 as a direct result of an abandoned 1[flood] water1 control structure, or the remnants thereof, located in a floodway 1or natural creek1 adjacent to the property, the Department of Environmental Protection shall authorize that property owner to take such 1[necessary]1 steps 1that the property owner deems necessary1 , which may include removal of the abandoned 1[flood] water1 control structure 1or the portion of the abandoned water control structure located on the property owner’s property1 at the property owner’s expense, in order to alleviate the erosion 1or potential errosion1 caused to the property by the abandoned 1[flood] water1 control structure.  The department may require a property owner to submit proof of erosion 1or potential erosion1 , but the department shall not require the property owner to 1:  (1)1 conduct or provide engineering reports or studies or require application for an individual permit pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.) 1; or (2) plant any vegetation1.

     b.    1(1)1 A 1[flood] water1 control structure previously maintained by a governmental entity that has not been maintained by any governmental entity within the 15 years prior to the submittal of a petition to the department by the property owner shall be deemed “abandoned” for the purposes of this section.

     1(2) A letter outlining that there is an erosion or potential erosion problem signed by a person with a doctorate in an environmental science field shall be considered proof of erosion or potential erosion, as appropriate, for the purposes of this section.1


     2.    This act shall take effect immediately.