§2

C. 58:16A-68






P.L. 1997, CHAPTER 286, approved January 8, 1998

Senate Committee Substitute (Third Reprint) for

Senate, No. 275

 

 

 

 

An Act concerning the prevention of flooding, 2[and]2 amending P.L.1993, c.376, and supplementing Title 58 of the Revised Statutes.

 

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

 

      1. Section 1 of P.L.1993, c.376 (C.58:16A-67) is amended to read as follows:

      1. a. The provisions of any other law, or any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, a county or municipality, or designated agency thereof, before undertaking any project to clean, clear, or desnag a stream within its jurisdiction, shall submit to the Department of Environmental Protection or to any State agency requiring a stream cleaning permit or an application for the proposed stream cleaning, clearing 2,2 or desnagging project, a written notice of intent to undertake a project to clean, clear, or desnag a stream and a certification attested to by the county or municipal engineer or the local soil conservation district, provided that the certification is made by a licensed professional engineer. The engineer shall certify that:

      (1) the project is being undertaken solely for the purpose of stream cleaning, clearing, or desnagging;

      (2) the removal of any material will not extend below the natural stream bed;


      (3) the activities will not alter the natural 2[streambanks] stream banks2 ;

      (4) the activities will consist of the removal only of accumulated sediments, debris 2,2 and garbage from a stream with a natural stream bed or the removal of any accumulated material from a stream previously channelized with concrete or similar artificial material;

      (5) every effort will be made to perform work from only one 2[streambank] stream bank2 and that vegetation and canopy on the more southerly or westerly banks will be preserved for stream shading; and

      (6) the activities are necessary and in the public interest.

      The notice shall also include a description of the nature of the project, a description, including a photograph, of the reach of the stream in which the activity is to take place, and an identification of the regulatory water quality classification of the stream in which the activity is to take place. The reach of the stream may be provided by the submission of a photostatic copy of the United States Geological Survey topographic quadrangle.

      b. For any project that includes sediment removal, in addition to the conditions enumerated in subsection a. of this section, the following conditions must be met:

      (1) the applicant shall provide a statement from the engineer that the 2[subject]2 stream floods and 2that such flooding2 results or can result in property damage necessitating the proposed cleaning 2, clearing, or desnagging2 ;

      (2) the stream to be cleaned 2, cleared, or desnagged2 is not classified as pinelands waters or category one waters;

      (3) the 2[streambed] stream bed2 is 15 feet or less in average width;

      (4) the stream corridor to be cleaned 2, cleared, or desnagged2 is less than 500 feet in length;

      (5) the stream is not in a municipality, as defined by the department, that is known to have federally or State listed threatened or endangered species associated with its wetlands. Regulated activities in these municipalities 2[require coordination] shall be coordinated2 with federal agencies;

      (6) the applicant shall provide a certification by the engineer that the material to be removed is not beyond the natural 2[streambed] stream bed2 ;

      (7) the applicant shall submit surface color photographs of the areas of the stream to be cleaned 2, cleared, or desnagged2 and of the access points; and

      (8) the applicant shall incorporate appropriate timing restrictions as required by the 2[Department of Environmental Protection] department2 .

      [b.] c. Upon receipt of a notice and certification submitted pursuant to this section, the department, or any other State agency requiring a stream cleaning permit or an application for the proposed stream cleaning, clearing 2,2 or desnagging project, as the case may be, shall , except as provided 2[below] otherwise in this subsection2 , have [30] 15 days to notify the 2[county or municipality, or designated agency thereof,] applicant2 if particular circumstances mandate that the stream cleaning 2, clearing, or desnagging2 not be done in this particular case. For 2[those projects] a project2 involving the removal of sediment, the department shall have 60 days prior to the commencement of activities to notify the 2[county or municipality, or designated agency thereof,] applicant2 if particular circumstances mandate that the stream cleaning 2, clearing, or desnagging2 not be done in that particular case. If the department, or any other State agency requiring a stream cleaning permit or an application for the proposed stream cleaning, clearing 2,2 or desnagging project, as the case may be, makes such a determination, it shall provide the 2[county or municipality, or designated agency thereof,] applicant2 with the technical reasons therefor. 2For the purposes of this subsection, if the department's technical reasons therefor are based upon the inability to determine the natural stream bed, the department shall, at the request of the applicant, assist in identifying the natural stream bed.2 The department may not prohibit the removal of any garbage no matter how long it has been in the stream 2, nor shall the department require extensive mapping or other engineering services which involve significant expense to the municipality2.

      d. Upon completion of the project to clean 2, clear, or desnag2 a stream involving the removal of sediment within its jurisdiction, the 2[county or municipality, or designated agency thereof,] applicant2 shall submit to the department a written notice that the project has been completed in accordance with the 2[criteria] conditions2 outlined in subsection b. of this section. The notice shall contain a certification attested to by the county or municipal engineer or the local soil conservation district, provided that the certification is made by a licensed professional engineer. The engineer shall certify that all the 2[criteria] conditions2 in subsection b. of this section have been adhered to.

      e. As used in this section:

      2"Applicant" means a county or municipality, or designated agency thereof;2

      "Category one waters" means, for the purposes of sediment removal, those waters 2[designed] designated2 by the Department of Environmental Protection, for purposes of implementing the antidegradation policies of the "Water Pollution Control Act", P.L.1977, c.74 (C.58:10A-1 et seq.), for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources. These waters may include, but are not limited to:

      (1) Waters originating wholly within federal, interstate, State, county, or municipal parks, forests, fish and wildlife lands, and other special holdings that have not been designated by the department as FW1;

      (2) Waters classified by the department as FW2 trout production waters and their tributaries;

      (3) Surface waters classified by the department as FW2 trout maintenance 2waters2 or FW2 nontrout 2waters2 that are not more than 750 feet upstream of waters classified 2by the department2 as FW2 trout production 2waters2 ;

      (4) Shellfish waters of exceptional resource value; or

      (5) Other waters and their tributaries that flow through, or border, federal, State, county or municipal parks, forest, fish and wildlife lands, and other special holdings 2[.] ;

      "Department" means the Department of Environmental Protection;2

      "FW" means the general surface water classification applied to fresh waters 2[.] ;2

      "FW1" means those fresh waters that originate in and are wholly within federal or State parks, forests, fish and wildlife lands, and other special holdings, that are to be maintained in their natural state of quality and not subjected to any man-made wastewater discharges 2[.];2

      "FW2" means the general surface water classification applied to those fresh waters that are not designated as FW1 or pinelands waters 2[.];2

      "Trout maintenance waters" means waters designated by the department for the support of trout throughout the year 2[.] ; and2

      "Trout production waters" means waters designated by the department for use by trout for spawning or nursery purposes during their first summer.

      [c.] f. Any person or governmental entity violating the provisions of this [act] section shall be subject to penalties imposed for violations of the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.).

(cf: P.L.1993, c.376, s.1)

 

      2. (New section) a. Any municipality2, either alone or jointly with any other municipality,2 may establish a plan2, with the approval of the Department of Environmental Protection,2 for the size and location of flood control facilities, including detention basins, 2[in conjunction with any other municipality and the Department of Environmental Protection]2 in order to minimize flood damage, to reduce stormwater runoff from new or existing development, 2[and] or2 to induce water recharge into the ground where practical. 1Notwithstanding any provision of this subsection to the contrary, for new development the standards adopted pursuant to P.L.1993, c.32 (C.40:55D-40.1 et seq.) shall be applicable. This subsection shall apply only to municipally-owned flood control facilities, including detention basins, constructed on public property.1

      b. Any municipality1, either alone or jointly with any other municipality,1 may establish a plan 1[either alone or jointly with any other municipality and],1 with the 1[Department of Environmental Protection] approval of the 2[New Jersey Water Supply Authority1] Department of Environmental Protection2, to maintain the water level of any lake or reservoir within its borders at a level necessary to 1[protect] provide 2[both an effective yield] an equivalent surface water safe yield established by the department for any affected water supply system2 and protection1 against flooding. 2Any such plan shall (1) comply with the provisions of R.S.23:5-29, P.L.1981, c.262 (C.58:1A-1 et seq.), and R.S.58:4-1 et seq., (2) include a calculation of the quantity of storage necessary to achieve a given level of flood control protection, (3) consider the environmental impact upon aquatic resources and fish spawning, the impact upon recreational use, and the financial impact upon all users of the lake or reservoir, and (4) consider any other criteria deemed necessary by the department. 3The department shall hold a public hearing prior to approval of a plan to seek input on the plan from any municipality that borders the lake or reservoir, or borders a river, stream or brook that feeds into or flows from that lake or reservoir. The department shall issue its decision on the plan in writing and transmit a copy thereof to each affected municipality and water supply purveyor prior to the effective date of the decision.3 No plan that jeopardizes safe yield and the provision of adequate water supply 3or reduces current safe yield levels of any lake or reservoir3 shall be approved by the department. No plan within the area of jurisdiction of the New Jersey Water Supply Authority may be established without the approval of the authority.

      c. Nothing in this section shall be construed to supersede any other State law that applies to the construction of flood control facilities or the regulation of water levels in lakes or reservoirs.2

 

      2[3. (New section) Upon application by a municipality, the Department of Environmental Protection shall identify the natural streambed of any stream in the municipality that floods and which flooding results or can result in property damage and which will be subject to routine maintenance to control flooding. Any maps or data generated by the department shall be sent to the clerk of the municipality.]2

 

      2[4.] 3.2 This act shall take effect immediately.

 

 

 

Provides for expedited permit procedures for certain stream cleaning activities and for other planning functions to prevent flooding.