New Jersey P.L.1962, c.19

AN ACT concerning the delineation and marking of flood hazard areas; and prescribing the functions, powers, and duties of the Division of Water Policy and Supply of the Department of Conservation and Economic Development in connection therewith.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

C.58:16A-50 Division to delineate and mark flood areas. 1. It is in the interest of the safety, health, and general welfare of the people of the State that legislative action be taken to empower the Division of Water Policy and Supply to delineate and mark flood hazard areas, and to co-ordinate effectively the development, dissemination, and use of information on floods and flood damages that may be available.

C.58:16A-51 Terms defined. 2. As used in this act, unless the context indicates another or different meaning or intent: (a) "Division" means the Division of Water Policy and Supply in the Department of Conservation and Economic Development; (b) "Council" means the Water Policy and Supply Council in the Division of Water Policy and Supply; (c) "Flood plain" means the relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by flood water; (d) "Floodway" means the channel of a natural stream and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any natural stream; (e) "Flood hazard area" means the floodway and any additional portions of the flood plain, as determined by the council under section 3 hereof; (f) "Relative risk" means the varying degrees of hazard to life and property in a flood hazard area which are occasioned by differences in depth and velocity of flood waters covering and flowing over it.

C.58:16A-52 Study of flood plans; action by council concerning flood areas; amending, revoking, etc., actions; resolution filed. 3. The division shall study the nature and extent of the flood plains of the State. After public hearing upon notice, the council shall, from time to time, delineate as flood hazard areas such portions of the flood plains as, in the judgment of the council, the improper development and use of which would constitute a threat to the safety, health, and general welfare. Such delineation shall identify the various subportions of the flood hazard area for reasonable and proper use according to relative risk, including the designation of floodways necessary to preserve the flood carrying capacity of natural streams. The council may revoke, amend, alter, or modify actions taken as herein authorized, if in its judgment the public interest so warrants. The resolution adopted by the council delineating any flood hazard area shall be filed with the division and shall be distributed by the council in such manner and in such places as it may determine proper.

C.58:16A-53 Erecting markers; penalty for moving or defacing markers. 4. The division may conspicuously mark in the field (1) any flood hazard area delineated by the council, and (2) any other area the council may deem necessary to effectuate the purposes of this act. The division may erect markers on any property belonging to the State, or any agency or instrumentality thereof. Such markers may be erected on any county, municipal, or private property provided that such county, municipality, or owner shall have consented thereto. Every person, corporation, municipality, or other public authority removing, defacing, or otherwise disturbing any marker erected under the provisions of this act shall be subject to a penalty not to exceed $50.00 for each and every offense to be collected in accordance with the penalty enforcement law (N.J.S.2A:58-1 et seq.).

C.58:16A-54 Act not to affect provisions of R.S.40:56-1 or 58:1-26 and 27. 5. The provisions of this act shall not affect the provisions of sections 40:56-1 or 58:1-26 and 27 of the Revised Statutes, provided the council may alter any width, elevation, or condition, however established, upon finding such alterations necessary to effectuate the purpose of this act.

6. The sum of $25,000.00 is hereby appropriated to the division to provide the means for implementation of the act.

7. This act shall take effect immediately.

Approved April 3, 1962.