What if an adjacent water body is proposed and adopted as a new Category One (C1) water under the Surface Water Quality Standards (N.J.A.C. 7:9B)?
The rules that implement buffers around C1 waters are the Stormwater Management rule (N.J.A.C. 7:8) and the Flood Hazard Area Control Act rule (N.J.A.C. 7:13). Depending on the project and the types of approvals that may have been obtained and the activities undertaken on the project site, the project may be grandfathered from needing approval under either rule. Please refer to Question 11.16 under Section 11, Division of Land Use Regulation Review for more information.
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