Bill > S422

Introduced Session

This bill would establish an Office of River Maintenance (office) in the Department of Environmental Protection (DEP). This new office would be responsible for conducting all stream cleaning and desnagging projects and bank stabilization or restoration projects in the State. The bill defines "stream cleaning and desnagging project" to mean the removal of accumulated sediments, debris, garbage, or vegetation from a stream with a natural stream bed, or the removal of any accumulated material from a stream previously channelized with concrete or similar artificial material, to improve, for the purposes of flood control, the use or function of any stream. (This is the same definition used in the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003," P.L.2003, c.162.) The bill defines "bank stabilization or restoration project" to mean activities conducted to restore an eroded, unstable, or ecologically degraded bank or channel to a stable condition. The bill also defines the terms "bank," "channel," and "sediment" to be consistent with the definitions of those terms in the DEP's rules and regulations implementing the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.). In addition to conducting stream cleaning and desnagging projects and bank stabilization or restoration projects, the office would be the primary administering agency within the DEP for implementing P.L.2001, c.360 (C.58:4-11 et seq.) and sections 5, 16 through 18, and related sections of the "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003" (P.L.2003, c.162), and any rules and regulations adopted pursuant thereto, specifically pertaining to stream cleaning and desnagging projects, and any other State or federal law concerning stream cleaning and desnagging activities or bank stabilization or restoration projects. The bill provides that stream cleaning and desnagging projects and bank stabilization or restoration projects undertaken by the office would not require a permit, approval, or other authorization from the DEP pursuant to any other State law or rule or regulation adopted pursuant thereto. Lastly, the bill repeals P.L.1993, c.376 (C.58:16A-67), which set forth a process for local government units to follow when undertaking stream cleaning activities, as stream cleaning activities will be the responsibility of the office to be established pursuant to this bill and the relevant provisions of P.L.1993, c.376 are included in this bill.

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Joe Pennacchio (R)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/09/2024)

Official Document