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July 4, 2008  
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Law for soil moving


Law attempts to regulate soil moving
By Christopher Lang
Editor

TENAFLY — Lawmakers are trying to rein in the largely unregulated operation of soil moving.

They adopted a new law in mid-December that would require property owners to purchase a permit if they are performing any job that would change the elevation of the land.

"Over time we have had drainage issues," Mayor Peter Rustin said. "When you build on a hill it can lead to drainage problems for your neighbors."

The soil moving regulations lawmakers adopted would set standards and notify the borough engineer that a property owner is about to perform such a project.

This law, lawmakers said, would allow for the engineer to provide project oversight to work with the property owner to avoid causing problems for neighbors.

Previously, Tenafly did have such a law, but it was not regulated, Rustin said. He is confident that this law would help to alleviate some of the drainage problems property owners’ experience when someone changes the elevation.

"When you change the elevation we have found that the land can change the flow [of the water," he said. "This was something that was long overdue."

This version of the soil movement regulations should also make the property owner less liable, since the engineer will provide guidance.

The property owner, or company, performing the work is now required to apply for a permit, which is available on the borough’s Web site. The engineer will then approve the project, and is now notified that someone is performing this type of work within the community.

"By taking out the permit, it puts the engineer on notice. He can watch over the project so it can be done properly," Rustin said.

The application, however, is only needed when the project would result in changing the elevation.

E-mail: lang@northjersey.com or call 201-894-6710


 

 

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