SENATE, No. 1768
STATE OF NEW JERSEY
INTRODUCED JANUARY 14, 1997
By Senator LaROSSA
An Act concerning the prevention of flooding, and 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 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 streambanks;
(4) the activities will consist of the removal only of accumulated sediments, debris, 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 streambank 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 substantiated documentation that the subject stream floods and results or can result in property damage necessitating the proposed cleaning;
(2) the stream to be cleaned is classified as waters not designated by the Department of Environmental Protection as pinelands waters or category one waters;
(3) the stream is not in a municipality, as defined by the department, that is known to have federally listed threatened or endangered species associated with its wetlands. Regulated activities in these municipalities require coordination with federal agencies; and
(4) the applicant shall submit color photographs of the areas of the stream to be cleaned and of the access points.
[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 or desnagging project, as the case may be, shall , except as provided below, have [30] 15 days to notify the county or municipality, or designated agency thereof, if particular circumstances mandate that the stream cleaning not be done in this particular case. For those projects involving the removal of sediment, the department shall have 60 days prior to the commencement of activities to notify the county or municipality, or designated agency thereof, if particular circumstances mandate that the stream cleaning 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 or desnagging project, as the case may be, makes such a determination, it shall provide the county or municipality, or designated agency thereof, with the technical reasons therefor. The department may not prohibit the removal of any debris no matter how long it has been in the stream.
d. Upon completion of the project to clean a stream involving the removal of sediment within its jurisdiction, the county or municipality, or designated agency thereof, shall submit to the department a written notice that the project has been completed in accordance with the criteria 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 criteria in subsection b. of this section have been adhered to.
e. As used in this section:
"Category one waters" means those waters so designated 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.).
“Debris” means any material that is not naturally occurring within the streambed.
[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 municipality may establish a plan for the size and location of flood control facilities, including detention basins, in conjunction with any other municipality and the Department of Environmental Protection in order to minimize flood damage, to reduce stormwater runoff from new or existing development, and to induce water recharge into the ground where practical.
b. Any municipality may establish a plan either alone or jointly with any other municipality and with the Department of Environmental Protection, to maintain the water level of any lake or reservoir within its borders at a level necessary to protect against flooding.
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.
4. (New section) Any county or municipality, or designated agency thereof, shall have the authority, after proper notice, to enter any property during reasonable hours for the purpose of conducting stream cleaning, clearing or desnagging activities.
5. This act shall take effect immediately.
STATEMENT
This bill would provide for expedited permit procedures to allow counties or municipalities to remove accumulated sediments in certain streams that are subject to flooding. The bill would authorize a municipality to enter property at reasonable hours and upon proper notice in order to conduct stream cleaning, clearing, or desnagging activities. The bill would also prohibit the department from refusing to allow for the removal or any garbage no matter how long it has been present in a stream.
The bill would also allow municipalities to establish a plan for the size and location of flood control facilities, including detention basins, in conjunction with any other municipality and the Department of Environmental Protection in order to minimize flood damage, to reduce stormwater runoff from new or existing development, and to induce water recharge into the ground, and to establish a plan either alone or jointly with any other municipality and with the Department of Environmental Protection, to maintain the water level of any lake or reservoir within its borders at a level necessary to protect against flooding. Finally, the bill would require the Department of Environmental Protection, upon application by a municipality, to 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.
Provides for expedited permit procedures for certain stream cleaning activities and for other planning functions to prevent flooding.