N.J. Admin. Code § 7:13-9.5

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

Section 7:13-9.5 - General permit 5 - reconstruction and/or elevation of a building in a floodway

(a) General permit 5 authorizes the reconstruction and/or elevation of a lawfully existing building in a floodway, provided the conditions at N.J.A.C. 7:13-6.7 are met and:

1. The lowest floor of the building is reconstructed and/or elevated to at least one foot above the flood hazard area design flood elevation and no lower than the elevation required under the Uniform Construction Code, N.J.A.C. 5:23;

2. Any new enclosure below the lowest floor of the building is not used for habitation, remains open to floodwaters, and is constructed in accordance with N.J.A.C. 7:13-12.5(p);

3. Any existing enclosure below the lowest floor of the building that does not conform to the requirements of N.J.A.C. 7:13-12.5(p), such as a basement having a floor that is below grade along all adjoining exterior walls, is abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13-12.5;

4. The location and footprint of the building is not altered;

5. The applicant provides an engineering certification confirming that:

i. The proposed reconstruction and/or elevation will not increase offsite flooding or flood damage potential;

ii. The proposed reconstruction and/or elevation will not result in any additional obstruction to the flow of floodwaters; and

iii. The building is modified wherever necessary to withstand hydrostatic and hydrodynamic loads and the effects of buoyancy resulting from flooding to at least one foot above the flood hazard area design flood elevation;

6. No disturbance is located within 25 feet of any top of bank, unless the project lies adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water; and

7. No riparian zone vegetation is cleared, cut, and/or removed, except for vegetation within 20 feet of the building, where such disturbance is necessary to access the building and facilitate its reconstruction and/or elevation.

N.J. Admin. Code § 7:13-9.5

Adopted by 48 N.J.R. 1067(a), effective 6/20/2016

Amended by 49 N.J.R. 2246(a), effective 7/17/2017