New Jersey § 40a:27-4

§ 40a:27-4.

The governing body of a local unit may acquire, construct, finance, improve, maintain

and operate a flood control facility upon concluding, by duly adopted resolution or

ordinance, as the case may be, that the public health, safety and welfare can best

be assured by the acquisition, construction, financing, improvement, maintenance and

operation of the facility by the local unit or in cooperation with any other local

unit and that the facility will contribute to the overall management of the surface

water of the river basin or subbasin to be affected by the facility. Prior to the adoption of the resolution or ordinance, as the case may be, the governing

body shall take cognizance of all existing and proposed upstream and downstream developments

which may affect, or be affected by, the proposed flood control facility and shall

notify, by certified mail, all upstream and downstream municipalities, soil conservation

districts and counties, and the department, of its intent to construct one or more

flood control facilities. The notification shall include a request for information from all upstream governments

indicating which proposed developments might alter the flow of water at the proposed

flood control facility. The governing body of a local unit also shall make its staff available for consultation

with persons who may affect, or be affected by, the flood control facility. The basin or subbasinwide analysis shall be submitted to the Department of Environmental

Protection for its use in approving or disapproving the development and use of land

regulated pursuant to the provisions of the “Flood Hazard Area Control Act,” P.L.

1962, c. 19 ( C. 58:16A-50 et seq. ). Each facility shall be consistent with the Statewide Flood Control Master Plan prepared

pursuant to the provisions of P.L. 1978, c. 78 and the county stormwater control and

drainage plans prepared pursuant to the provisions of section 10 of P.L. 1979, c.

359 ( C. 58:16A-55.4 ).