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NJ Flood Mitigation Task Force
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Guidelines for Home Elevation
Division of Land Use Regulation
NJ Department of Environmental Protection

Residential construction and maintenance activities in NJ’s streams, rivers and flood hazard areas require permits pursuant t the Flood Hazard Area Control Act Rules (NJAC 7:13). However the elevation of a lawfully existing building outside a floodway, in order to reduce flood damage potential, can be conducted without the need to obtain a permit provided the elevation meets the requirements of the permit-by-rule (N.J.A.C. 7:13-7.1  & N.J.A.C. 7:13-7.2(a)3), including 14-day prior notice to the DEP as follows:

  1. The building to be elevated is not relocated;
  2. The lowest finished floor of the building is raised to at least one foot above the flood hazard area design flood elevation;
  3. The area below the lowest finished floor of the building is not used for habitation and remains open to floodwaters, in accordance with N.J.A.C. 7:13-11.5(l);
  4. No vegetation is cleared, cut or removed in a riparian zone, except for vegetation within 20 feet of the building if such disturbance is necessary to facilitate its elevation; and
  5. All vegetated areas temporarily disturbed within the riparian zone are replanted with      indigenous, non-invasive species upon completion of the regulated activity;

The following requirements apply to every permit-by-rule above:

  1. Each limit or condition of a particular permit-by-rule shall be satisfied without requiring a review of detailed engineering calculations; and
  2. All structures shall be suitably anchored.

Notification Requirement:

A person intending to undertake a regulated activity under one of these permits-by-rule must, at least 14 days prior to initiating the activity, provide written notification to the Department (via letter, electronic mail, fax or in person) as follows:

  1. The notification shall include:

    1. The property owner's name and contact information;
    2. The contractor's name (if applicable) and contact information;
    3. The street address and lot, block, municipality and county for the site at which the regulated activity will be conducted;
    4. Which permit-by-rule applies to the activity;
    5. he proposed start and end date for the activity; and
    6. A brief description of the activity.

  2. The notification shall be submitted to:

    Attn: Permit-By-Rule Notification
    New Jersey Department of Environmental Protection
    Bureau of Coastal and Land Use Compliance and Enforcement
    P.O. Box 422
    401 East State Street
    Trenton, New Jersey 08625-0422
    Fax: (609) 633-6798
    Electronic mail: floodhazard-pbrnotice@dep.state.nj.us
    Website: http://nj.gov/dep/enforcement/lu.html

If you have any questions regarding this matter, or require additional information, please do not hesitate to contact Helen Owens by e-mail a t Helen.owens@dep.state.nj.us or by phone at 609-292-2178.

*Link to Division of Land Use Regulation, Laws & Regulations http://www.nj.gov/dep/landuse/njsa_njac.html

 
 
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