Mid Atlantic Real Estate Journal — The Road to Recovery — November 23 - December 6, 2012 — C T he R oad to R ecovery
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By Lawrence M. DiVietro Jr., PLS, PP, AICP, Land Dimensions Engineering State of New Jersey’s recovery after Hurricane Sandy
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he Barrier Islands are called “Barrier” for a reason. They function
of those instances there is an Emergency Permit option avail- able. Additional information can be obtained from NJDEP’s website at http://www.nj.gov/ dep/landuse/emergency.html. I. Administrative Order (AO) 2012-13 Exempting State, Coun- ty and Municipal Agencies from NJDEP’s Formal Environmental Permit Application 1. In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroad culverts, bridges, util- ity lines, outfall structures, stormwater management struc- tures, bulkheads and other similar shore-line stabilization
structures). 2. Repair of scoured areas directly adjacent to a bridge, culvert, or public roadway. The scope of repair is limited to that area which has recently washed away. 3. Repair and reconstruction of a public roadway including the stabilization or reconstruction of the roadbed and associated embankments. The AO does not provide for emergency activities to be per- formed outside the footprint of the legally preexisting struc- ture. That is, “in-kind repair or replacement” does not include a redesigned bridge or culvert that
is hydraulically different from the original structure. Further- more, theAO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap, or for stream cleaning projects. To qualify under the Admin- istrative Order, state, county and municipal agencies must submit a comprehensive inven- tory including locations and photographs of qualifying public infrastructure damaged by Hur- ricane Sandy within 180 days of the effective date of this Admin- istrative Order. That deadline is May 1, 2013. Provided the projects comply
with the requirements of the AO, NJDEP will then provide written approval of the inven- tory. Within 60 days of complet- ing all projects on its approved inventory, the state, county or municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. It will be very important for local governments to follow this AO process because FEMA (Fed- eral Emergency Management Agency) requires proof that state environmental approvals continued on page 16C
as a barrier from the im- pacts caused by the diverse climate vari- ables between the ocean and the mainland. The sensitive environmen- ta l ba l ance
Lawrence M. DiVietro Jr.
between the two is an extremely critical one. Over time, the land use and scientific regulations that we as design professional’s deal with have evolved to ap- ply the best known methods available to maintain that bal- ance and allow development to occur. Even so, the intensity of de- velopment and the built envi- ronment that has occurred over time was not able to prepare for the extremes of Hurricane Sandy and the devastation to people’s lives, infrastructure, and the environment. The rebuilding of New Jersey’s shore communities must con- tinue to incorporate innovative smart growth principles and environmental conservation in a way that protects coastal communities better from future storms. In response to the widespread public infrastructure and pri- vate property damage caused by Hurricane Sandy in New Jersey’s coastal communities, Governor Christie’s adminis- tration has declared a State of Emergency by issuing an Ad- ministrative Order (AO) 2012- 13 on Nov. 3, 2012, exempting state, county and municipal agencies from NJDEP’s (New Jersey Department of Environ- mental Protection’s) formal en- vironmental permit application procedures for specific category of emergency activities relating to public infrastructure. In addi- tion, NJDEP also has identified certain types of private property rebuilding activities that can be conducted without an environ- mental permit in the coastal communities to help New Jersey citizens affected by the storm. Below is a summary of Admin- istrative Order (AO) 2012-13 and guidelines for owners of homes and businesses who suffered storm damage to expedite their rebuilding process. There may be instances where an NJDEP permit is required, especially if the rebuilding activity is not considered in-kind. In many
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