Title 58, Title 58: WATERS AND WATER SUPPLY

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 …

58:20-5. Payments to municipalities to offset tax losses; relocation of roads To the end that municipalities may not suffer loss of taxes by reason of the acquisition and ownership by the State of New Jersey of property therein, the State Treasurer upon certification of the Commi…

58:21-6. Payments to municipalities to offset tax losses; application of revenues; relocation of roads To the end that municipalities may not suffer loss of taxes by reason of the acquisition and ownership by the State of New Jersey of property therein, the State Treasurer upon c…

58:21B-1. Appropriation; engineering; site acquisition There is hereby appropriated from the Water Conservation Fund to the Department of Environmental Protection the sum of $29 million, or so much thereof as may be necessary, for the development of future water supply facilities…

58:21B-2. Definitions As used in this act unless the context clearly indicates otherwise: (a) "Real property" means lands, within or without the State, and improvements thereof or thereon, any and all rights-of-way, water, riparian and other rights, any and all easements, and pri…

58:21B-3. Eminent domain Acquisition of real property for water supply facilities as authorized by this act may be made by purchase or by the exercise of the power of eminent domain, pursuant to the provisions of chapter 1 of Title 20 of the Revised Statutes. L.1970, c. 147, s. 3…

58:21B-4. Exchange of lands Where in connection with the acquisition of such real property, it shall be necessary to acquire lands, portions of which are deemed by the Commissioner of Environmental Protection to be in excess of the State's needs, the commissioner, on behalf of th…

58:21B-5. Use of property Real property acquired as authorized pursuant to this act shall be held primarily for use in connection with a water supply system, but shall also be made available, as a State reservation, for recreational and other State uses consistent with its primar…

58:21B-6. Payments in lieu of taxes To the end that municipalities may not suffer loss of taxes by reason of the acquisition and ownership by the State of New Jersey of property therein, the State Treasurer upon certification of the Commissioner of Environmental Protection shall …

58:22-1. Short title This act shall be known and may be cited as the "New Jersey Water Supply Law, 1958." L.1958, c. 34, p. 94, s. 1.

58:22-10. Rates and charges The department shall determine and establish, after public hearing, just, reasonable and equitable rates and charges for water sold from any project authorized by this act which shall provide net revenues sufficient to meet annual payments of principal…

58:22-11. Investigations; hearings; findings; riparian rights The department shall have power to investigate and hold hearings to determine existing water rights in riparian owners and the holders of grants and easements for the diversion and use of waters of the south branch of …

58:22-12. Powers of department For the purposes of this act, the department shall have power: (a) to acquire in the name of the State of New Jersey, as an agency of the State, by purchase or otherwise on such terms and conditions and in such manner as it shall determine, or by th…

58:22-13. Eminent domain; law applicable Whenever the power of condemnation is exercised by the department pursuant to this act, the provisions of chapter 1 of Title 20 (Eminent Domain) of the Revised Statutes, as amended and supplemented, shall be applicable and such power of co…

58:22-14. Regulations; relocation or removal of facilities The department shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles …

58:22-15. Sale or lease of land by counties, municipalities or public agencies Any county, municipality or other political subdivision, or any public agency or body of the State of New Jersey, or any other person, notwithstanding any contrary provision of law, is hereby authorize…

58:22-16. Use of reservoirs for recreation The reservoirs constructed pursuant to this act shall be available for public use for recreation, swimming, fishing and boating in such manner and to such extent as shall not impair the availability of the water therein for potable or in…

58:22-17. Liberal construction This act is intended to protect and secure the public health and welfare and shall be liberally construed to effect the purposes thereof. L.1958, c. 34, p. 108, s. 17.