State Codes and Statutes

Statutes > New-jersey > Title-58 > Section-58-16a > 58-16a-52

58:16A-52.  Delineation of flood hazard areas
    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 department shall adopt rules and regulations which delineate as flood hazard areas such areas as, in the judgment of the department, the improper development and use of which would constitute a threat to the safety, health, and general welfare from flooding.  Such delineations shall identify the various subportions of the flood hazard area for reasonable and proper use according to relative risk, including the delineation of floodways necessary to  preserve the flood carrying capacity of natural streams.  The department may,  after public hearing upon notice and pursuant to the aforecited "Administrative Procedure Act," revoke, amend, alter, or modify such regulations if in its judgment the public interest so warrants.    b.  The department shall wherever practicable, make floodway delineations identical to the floodway delineations approved by the Federal Government for the National Flood Insurance Program.    c.  The department shall establish a procedure for reducing any delineated flood hazard area when a change has been made which increases the flood carrying capacity of the concerned stream at that location.     L.1962, c. 19, s. 3.  Amended by L.1979, c. 359, s. 4, eff. Jan. 31, 1980.
 

State Codes and Statutes

Statutes > New-jersey > Title-58 > Section-58-16a > 58-16a-52

58:16A-52.  Delineation of flood hazard areas
    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 department shall adopt rules and regulations which delineate as flood hazard areas such areas as, in the judgment of the department, the improper development and use of which would constitute a threat to the safety, health, and general welfare from flooding.  Such delineations shall identify the various subportions of the flood hazard area for reasonable and proper use according to relative risk, including the delineation of floodways necessary to  preserve the flood carrying capacity of natural streams.  The department may,  after public hearing upon notice and pursuant to the aforecited "Administrative Procedure Act," revoke, amend, alter, or modify such regulations if in its judgment the public interest so warrants.    b.  The department shall wherever practicable, make floodway delineations identical to the floodway delineations approved by the Federal Government for the National Flood Insurance Program.    c.  The department shall establish a procedure for reducing any delineated flood hazard area when a change has been made which increases the flood carrying capacity of the concerned stream at that location.     L.1962, c. 19, s. 3.  Amended by L.1979, c. 359, s. 4, eff. Jan. 31, 1980.
 

State Codes and Statutes

State Codes and Statutes

Statutes > New-jersey > Title-58 > Section-58-16a > 58-16a-52

58:16A-52.  Delineation of flood hazard areas
    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 department shall adopt rules and regulations which delineate as flood hazard areas such areas as, in the judgment of the department, the improper development and use of which would constitute a threat to the safety, health, and general welfare from flooding.  Such delineations shall identify the various subportions of the flood hazard area for reasonable and proper use according to relative risk, including the delineation of floodways necessary to  preserve the flood carrying capacity of natural streams.  The department may,  after public hearing upon notice and pursuant to the aforecited "Administrative Procedure Act," revoke, amend, alter, or modify such regulations if in its judgment the public interest so warrants.    b.  The department shall wherever practicable, make floodway delineations identical to the floodway delineations approved by the Federal Government for the National Flood Insurance Program.    c.  The department shall establish a procedure for reducing any delineated flood hazard area when a change has been made which increases the flood carrying capacity of the concerned stream at that location.     L.1962, c. 19, s. 3.  Amended by L.1979, c. 359, s. 4, eff. Jan. 31, 1980.