Bill Text: NJ A3586 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes procedure for removal of certain abandoned flood control structures causing property erosion.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-18 - Reported out of Assembly Committee, 2nd Reading [A3586 Detail]
Download: New_Jersey-2016-A3586-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Establishes procedure for removal of certain abandoned flood control structures causing property erosion.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain flood control structures, and supplementing P.L.1962, c.19 (C.58:16A-50 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, upon petition by a property owner whose property is subject to erosion as a direct result of an abandoned flood control structure, or the remnants thereof, located in a floodway adjacent to the property, the Department of Environmental Protection shall authorize that property owner to take such necessary steps, which may include removal of the abandoned flood control structure at the property owner's expense, in order to alleviate the erosion caused to the property by the abandoned flood control structure. The department may require a property owner to submit proof of erosion, but the department shall not require the property owner to conduct or provide engineering reports or studies or require application for an individual permit pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.).
b. A flood control structure previously maintained by a governmental entity that has not been maintained by any governmental entity within the 15 years prior to the submittal of a petition to the department by the property owner shall be deemed "abandoned" for the purposes of this section.
2. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (DEP) to, upon petition by a property owner whose property is subject to erosion as a direct result of an abandoned flood control structure, or the remnants thereof, located in a floodway adjacent to the property, authorize that property owner to take such necessary steps, including removal of the abandoned flood control structure at the property owner's expense, in order to alleviate the erosion caused to the property by the abandoned flood control structure. The bill provides that the DEP may require a property owner to submit proof of erosion to the property, but the DEP could not require the property owner to conduct or provide engineering reports or studies or require the property owner to apply for an individual permit pursuant to the "Flood Hazard Area Control Act."
A flood control structure previously maintained by a governmental entity that has not been maintained by any governmental entity within the 15 years prior to the submittal of a petition by a property owner to the DEP would be deemed "abandoned" for the purposes of the bill.
