New Jersey § 58:16a-55

§ 58:16a-55.

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

or alteration. 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.