Title 58, Title 58: WATERS AND WATER SUPPLY

58:16A-102 "Emergency supplies" defined, regional directory database. 1. a. As used in this section "emergency supplies" means, but is not limited to: equipment such as vehicles, including boats; materials for road closures such as road signs, flares, cones and lights; personal p…

58:16A-103 Definitions relative to certain flood elevation standards. 1. a. As used in this section: "Existing structure" means any structure that existed on October 28, 2012. "Highest applicable flood elevation standard" means the new FEMA base flood elevation plus an additional…

58:16A-11. Certification by Attorney-General of title or interest of State in property The Attorney-General is hereby authorized and empowered to certify to the United States of America or a department, agency or authority thereof having jurisdiction therein, the right, title or …

58:16A-12. Easement rights; termination If the commissioner shall determine subsequent to the taking of a temporary easement right in property that the purposes for which such easement right was acquired have been accomplished and that the use and occupancy of said property for f…

58:16A-14. Completed works; maintenance After the completion of any Federal flood control project or a portion thereof and after such project or portion thereof has been formally turned over to the State by the Federal Government, such completed works shall be maintained by the c…

58:16A-15. Payment of moneys appropriated The moneys hereby appropriated shall be payable on the audit and warrant of the treasurer on vouchers approved by the commissioner. L.1948, c. 351, p. 1417, s. 15. Amended by L.1979, c. 358, s. 12, eff. Jan. 31, 1980.

58:16A-16. Approval of projects by legislature Notwithstanding any other paragraph of this act, the Commissioner of Conservation shall not exercise any of the powers granted hereinunder until said project or projects shall have been first approved by an act of the Legislature. L.…

58:16A-17. Money received pursuant to Federal Flood Control Act of 1938; disbursement; expenditures Whenever, pursuant to the Federal Flood Control Act of 1938 as supplemented by the Act of August 18, 1941 as amended, the State Treasurer has received or shall receive from the Fed…

58:16A-2. Receipt of moneys from Federal Government, counties and municipalities for reimbursement The State Treasurer is hereby authorized to receive from the Federal Government any moneys which the Federal Government shall offer to the State of New Jersey for reimbursement for …

58:16A-4.1. Flood control facilities; authorization to plan, acquire, construct and operate The Commissioner of Environmental Protection is authorized to plan, acquire, construct and operate flood control facilities upon concluding that the public safety, health and welfare can b…

58:16A-5. Authority of commissioner of environmental protection The Commissioner of Environmental Protection is hereby authorized and directed for and in behalf of the State to carry out the State's participation in a Federal program of flood control, if and when such program sha…

58:16A-50. Short title; declaration of policy a. This act shall be known and may be cited as the "Flood Hazard Area Control Act." b. It is in the interest of the safety, health, and general welfare of the people of the State that legislative action be taken to empower the Departm…

58:16A-51. Definitions As used in this act, unless the context indicates another or different meaning or intent: (a) "Channel" means a watercourse with definite bed and banks which confine and conduct continuously or intermittently flowing water; (b) "Floodway" means the channel …

58:16A-52 Delineation of flood hazard areas. 3. a. The department shall study the nature and extent of the areas affected by flooding in the State. After public hearing upon notice, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the depa…

58:16A-53. Markers The department may conspicuously mark in the field (1) any flood hazard area delineated by the department, and (2) any other area the department may deem necessary to effectuate the purposes of this act. The department may erect markers on any property belongin…

58:16A-55. Land in designated floodway; rules, regulations and orders concerning development and use; waiver (a) The department is authorized to adopt, amend and repeal rules and regulations and to issue orders concerning the development and use of land in any delineated floodway…

58:16A-55.1. Repair or rebuilding of lawful preexisting structure within flood hazard area No rule or regulation adopted pursuant to section 4 or 7 of P.L.1972, c. 185 (C. 58:16A-55 or 58) shall prevent the repair or rebuilding within a flood hazard area of any lawful preexisting…

58:16A-55.2. Structure or alteration within area subject to inundation by 100 year design flood of nondelineated stream; approval; conditions a. No structure or alteration within the area which would be inundated by the 100 year design flood of any nondelineated stream shall be m…

58:16A-55.3. Application for development under Municipal Land Use Law; approval by department No application for development as defined in the "Municipal Land Use Law," P.L.1975, c. 291 (C. 40:55D-1 et seq.), for a structure within the area which would be inundated by the 100 yea…

58:16A-55.4. County stormwater control and drainage plans; utilization on determinations of approval Any county governing body may prepare a stormwater control and drainage plan for the county. Such plans shall be prepared after consultation and discussion with the Department of …

58:16A-55.5. County water resources associations Any county governing body may by ordinance or resolution as appropriate, create a county water resources association which may include the chief administrative officer of any county planning agency, county engineers office, county …

58:16A-55.6. Delegation of power to approve or disapprove application to county governing body The Department of Environmental Protection may delegate its power to approve or disapprove any application made to it pursuant to this act and its power to enforce any aspect of this ac…

58:16A-55.7. Exemptions to requirement for permit to repair dam 2. The Commissioner of Environmental Protection shall not require a permit for the repair of any dam used for agricultural purposes within a special agricultural production area designated pursuant to N.J.A.C.7:50-5.…

58:16A-55.8 Hazardous substances, placing, storing in certain flood plains, prohibited. 2. a. No person shall place or store, or cause to be placed or stored, any containers holding hazardous substances as defined in section 3 of P.L.1976, c.141 (C.58:10-23.11b) in a 100-year flo…

58:16A-56. Minimum standards for local rules and regulations The department shall promulgate minimum standards for the adoption of local rules and regulations concerning the development and use of land in the flood fringe area designed to minimize the threat to the public safety,…

58:16A-57. Rules and regulations by affected municipality or other responsible entity for development and use of land in flood fringe area Within 12 months after the delineation of any flood hazard area, and at least 12 months after the promulgation of standards by the department…

58:16A-58. Failure to adopt or enforce local rules and regulations; action by department If any affected municipality or other responsible entity fails to adopt or fails to enforce rules and regulations concerning the development and use of land in the flood fringe area which at …

58:16A-59. Adoption of rules and regulations by department; requirements No rule or regulation adopted by the department pursuant to sections four or seven of this act shall become effective until after notice and public hearing before the department as required by the Administra…

58:16A-6. Relocation and reconstruction for flood control project The commissioner shall carry out the relocation and reconstruction of streets, sidewalks, public grounds, parks, cemeteries, water supply systems, sewer systems and lighting systems of municipal corporations, count…

58:16A-60. Inapplicability of rules and regulations to lands regulated by Wetlands Act of 1970 Any rules and regulations adopted pursuant to this act shall not apply to the extent that lands affected thereby are regulated pursuant to "the Wetlands Act of 1970" (P.L.1970, c. 272) …

58:16A-60.1 Zero net fill requirement in flood hazard areas, certain. 43. Notwithstanding the provisions of the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmen…

58:16A-61. Establishment of full value of lands for assessment Local assessors shall consider the impact of rules or regulations issued pursuant to this act in establishing full value of lands designated as floodways or as flood fringe areas. L.1972, c. 185, s. 10, eff. Dec. 14, …

58:16A-62. Local rules and regulations more restrictive than state standards; authorization Any municipal or other entity vested with authority to adopt rules and regulations concerning the development and use of land may adopt requirements more restrictive than those contained i…

58:16A-63 Violations of act; remedies. 12. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any provision of the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), P.L.1972, c.185, P.L.1977, c.385 or P…

58:16A-64. Liberal construction This act shall be liberally construed to effectuate the purpose and intent thereof. L.1972, c. 185, s. 13, eff. Dec. 14, 1972.

58:16A-65. Effect of act on powers, duties and functions on state department of environmental protection The powers, duties and functions vested in the State Department of Environmental Protection under the provisions of this act shall not be construed to limit in any manner the …

58:16A-66. Severability If any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be af…

58:16A-67 Written notice of intent to undertake a project to clean, clear, desnag stream; definitions. 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 thereo…

58:16A-68. Municipal plan for flood control facilities 2. a. Any municipality, either alone or jointly with any other municipality, may establish a plan, with the approval of the Department of Environmental Protection, for the size and location of flood control facilities, includ…

58:16A-7. Participation by municipalities or counties, or agency or instrumentality thereof The governing body of any municipality or county or any agency or instrumentality thereof may participate with the State of New Jersey in a program of flood control and, in such case, the …

58:16A-8. Public utilities to remove, relocate and reconstruct facilities Whenever the commissioner shall determine that the construction of a flood control project requires the removal, relocation and reconstruction of any plants, works, holders, pumping stations, pipes, mains, …

58:16A-9. Acquisition of property; eminent domain; entry on property (1) The commissioner, for the people of the State of New Jersey, shall acquire any property or interest therein necessary for purposes connected with the flood control project by gift, devise or purchase, or by …