a. No structure or alteration within the area which would be inundated by the 100
year design flood of any nondelineated stream shall be made, rebuilt or renewed by
any person without the approval of the department and without complying with such
conditions as the department may prescribe for preserving such area and providing
for the flow of water therein to safeguard the public against danger from the waters
impounded or affected by such structure or alteration. No such approval by the department shall impair or affect any property rights otherwise
existing which might be invaded by the construction or maintenance of any such structure
b. The department is authorized, pursuant to the “Administrative Procedure Act” P.L.1968,
c. 410 (C. 52:14B-1 et seq.), to adopt, amend or repeal rules and regulations and to issue orders concerning
the making, rebuilding or renewing of any structure or alteration and the development
or use of land in the area which would be inundated by the 100 year design flood of
any nondelineated stream, which rules and regulations shall be designed to preserve
the flood carrying capacity of the stream to minimize the threat to the public safety,
health and general welfare. Such rules and regulations shall include a provision which exempts, according to
definite criteria, certain minor structures or alterations of a specific size or type
from the provisions of subsection a. of this section.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.