Bill Text: NJ S1821 | 2018-2019 | Regular Session | Amended

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Bill Title: Establishes procedure for removal of certain abandoned water control structures causing property erosion.*

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-18 - Reported from Senate Committee with Amendments, 2nd Reading [S1821 Detail]

Download: New_Jersey-2018-S1821-Amended.html

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[First Reprint]

SENATE, No. 1821

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2018

 

 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Establishes procedure for removal of certain abandoned water control structures causing property erosion.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on June 18, 2018, with amendments.

  

An Act concerning certain ¹[flood] water¹ 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 ¹or potential erosion¹ as a direct result of an abandoned ¹[flood] water¹ control structure, or the remnants thereof, located in a floodway ¹or natural creek¹ adjacent to the property, the Department of Environmental Protection shall authorize that property owner to take such ¹[necessary]¹ steps ¹that the property owner deems necessary¹ , which may include removal of the abandoned ¹[flood] water¹ control structure ¹or the portion of the abandoned water control structure located on the property owner's property¹ at the property owner's expense, in order to alleviate the erosion ¹or potential errosion¹ caused to the property by the abandoned ¹[flood] water¹ control structure.  The department may require a property owner to submit proof of erosion ¹or potential erosion¹ , but the department shall not require the property owner to ¹:  (1)¹ 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.) ¹; or (2) plant any vegetation¹.

     b.    ¹(1)¹ A ¹[flood] water¹ 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.

     ¹(2) A letter outlining that there is an erosion or potential erosion problem signed by a person with a doctorate in an environmental science field shall be considered proof of erosion or potential erosion, as appropriate, for the purposes of this section.¹

 

     2.    This act shall take effect immediately.