Can a new road be constructed across Category One (C1) water?
Since the Stormwater Management rules do not allow encroachment into the inner half of the SWRPA, constructing a new road crossing is prohibited (unless the entire roadway is below the threshold for major development). However, the Department recognizes that there are extenuating circumstances where public safety and/or a person’s right to access and develop an otherwise inaccessible property require such a crossing. Typically, a Flood Hazard Area Control Act (FHACA) permit is needed for such a road crossing. Therefore, if the project meets the hardship waiver requirements for a FHACA permit at N.J.A.C. 7:13, NJDEP will allow the construction of the roadway. If the crossing will also impact freshwater wetlands, then a Freshwater Wetlands individual permit would be required, since crossing a C1 water does not meet the requirements for a Freshwater Wetlands general permit. In areas subject to the Coastal Permitting programs, an Individual CAFRA permit or an Individual Waterfront Developm
Since the Stormwater Management rules do not allow encroachment into the inner half of the SWRPA, constructing a new road crossing is prohibited (unless the entire roadway is below the threshold for major development). However, the Department recognizes that there are extenuating circumstances where public safety and/or a person’s right to access and develop an otherwise inaccessible property require such a crossing. Typically, a Flood Hazard Area Control Act (FHACA) permit is needed for such a road crossing. Therefore, if the project meets the hardship waiver requirements for a FHACA permit at N.J.A.C. 7:13, NJDEP will allow the construction of the roadway. If the crossing will also impact freshwater wetlands, then a Freshwater Wetlands individual permit would be required, since crossing a C1 water does not meet the requirements for a Freshwater Wetlands general permit. In areas subject to the Coastal Permitting programs, an Individual CAFRA permit or an Individual Waterfront Developm
Related Questions
- An existing stormwater pipe that eventually discharges into a Category One (C1) water runs along a street adjacent to a site. Can runoff be discharged from the site into this pipe?
- A pond is marked on a USGS map within the same HUC-14 as a Category One (C1) water. Does the pond have a special water resource protection area?
- Can a new road be constructed across Category One (C1) water?
