New Jersey § 58:4-1

§ 58:4-1.

a. No municipality, corporation or person shall, without the consent of the Commissioner

of Environmental Protection, hereafter in this chapter designated as the commissioner,

build any reservoir or construct any dam, or repair, alter or improve existing dams

on any river or stream in this State or between this State and any other state which will raise the waters of the river or stream more than five feet above its usual mean low-water height. No municipality, corporation or person shall, without the consent of the commissioner,

build any reservoir or construct any dam, or repair, alter or improve existing dams

in the pinelands area, as designated by subsection a. of section 10 of P.L.1979, c.

111 ( C.13:18A-11 ), which will raise the waters of any river or stream more than eight feet above the

surface of the ground where the drainage area above the dam or reservoir is more than

one square mile in extent and where the water surface created by the dam or reservoir

is more than 100 acres in extent. The commissioner may investigate and take appropriate action regarding any dam or

reservoir about which the commissioner has a security or safety concern. With respect to dams and reservoirs located on lands utilized for agricultural or

horticultural purposes within the pinelands area, the commissioner's actions shall

be undertaken after consultation with the Secretary of Agriculture. b. The commissioner shall not require a permit for the repair of any dam used for

agricultural purposes within a special agricultural production area designated pursuant

to N.J.A.C.7:50-5.14 in the pinelands area.