Property Maintenance

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Stream Clearing Guidance      

Recently, the question has been asked, is the Borough of Allendale responsible for the clearing of streams that flow through the Borough on private property or within legal easements?  The answer is no.  The Borough of Allendale is not responsible for the clearing of streams that flow through the Borough on private property or easements.  Property owners are the parties responsible for the maintenance and cleaning of waterways, which can be undertaken privately, under certain limited circumstances, without the issuance of an NJ DEP permit.  Stream cleaning entails desilting or de-snagging a channel or removing accumulated garbage or debris from an active waterway.  It does not entail making a channel deeper or wider than it previously was, as this could result in worsened flooding on properties located downstream of the area to be cleaned.  Stream cleaning is a regulated activity under NJ Flood Hazard Area Control Act Rules.  These Rules (NJAC 7:13-7.1 et seq.) generally authorize property owners, under defined circumstances, to remove accumulated debris when such removal can be done without securing an actual DEP Permit.  In most instances, debris can be removed without a permit if it does not require the use of heavy machinery.  Recently, the County of Bergen has also issued updated guidance on stream clearing.  The County has indicated that certain stream clearing activities may be undertaken by County Mosquito Control agencies only when necessary to control mosquito infestation.  To that end, the County will only undertake such operations to prevent the accumulation of stagnant water, thus reducing the need for regular mosquito treatments.  Such County assistance is provided only at the written request of municipalities, which must be accompanied by a multitude of engineering and legal requirements, including indemnity and hold harmless provisions.

For more information on Storm Debris Removal from Waterways from the NJDEP please CLICK HERE.  

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