reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.22 - Mitigation banks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A mitigation
				bank requires approval by the Department prior to the sale of any mitigation
				credits. "Approval" for the purposes of this section means approval in
				accordance with
				7:7-17.23.
(b) If the establishment of a mitigation bank
				involves regulated activities as described at N.J.A.C. 7:7-2, the bank operator
				shall obtain all necessary approvals from the Department prior to undertaking
				the regulated activities.
(c) Once
				the Department has approved a mitigation bank, the bank operator shall carry
				out all requirements of the banking instrument approving the bank, regardless
				of whether or when credits are sold.
(d) The Department shall determine how many
				mitigation credits each mitigation bank operator may receive or sell, based on
				the increase in values and functions created as a result of the proposed
				mitigation bank, as well as how the increase in functions and values will
				interact with the regional aquatic and non-aquatic resources. The Department
				shall evaluate each mitigation bank to determine its functions and values
				considering the following:
1. The functions
				and values provided by the bank site at the time the mitigation bank proposal
				is submitted, such as existing soil, vegetation, water quality functions, flood
				storage capacity, soil erosion and sediment control functions, and wildlife
				habitat functions;
2. Whether the
				proposed mitigation activities will result in an increase in functions and
				values over the existing value of the mitigation bank site;
3. The likelihood of long-term success of the
				proposed mitigation activities in creating functions and values similar to
				undisturbed wetlands, intertidal and subtidal shallows, submerged vegetation
				habitat, tidal water, and riparian zones;
4. The amount of wetlands, intertidal and
				subtidal shallows, submerged vegetation habitat, tidal water, and/or riparian
				zones located on the proposed bank site;
5. The potential for the completed mitigation
				site to be a valuable component of the ecosystem;
6. The size and scope of the bank;
7. The types of resource losses that have
				occurred in the area;
8. The
				similarity or dissimilarity of the bank to other existing aquatic and wetlands
				resources in the area;
9. Available
				scientific literature regarding credit ratios; and
10. The Department's and other government
				agencies' experience with mitigation and mitigation banks.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 17 - MITIGATION › Section 7:7-17.23 - Application for a mitigation bank

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				A prospective mitigation bank operator may obtain conceptual review of a
				proposed mitigation bank before buying land or preparing a detailed mitigation
				bank proposal. In a conceptual review, Department staff will discuss the
				apparent strengths and weaknesses of the proposed mitigation bank. Guidance
				provided through a conceptual review is not binding on the Department until and
				unless it is incorporated into an approval obtained in accordance with this
				subchapter. A conceptual review does not grant any property or other rights, or
				in any way imply that mitigation activities or the sale of credits have been or
				will be authorized. The findings provided by the Department as part of the
				conceptual review shall be valid for a period of three years or until the rules
				governing mitigation banks are amended in a way that would render the
				conceptual review inconsistent with the new requirements, whichever occurs
				first. Once expired, a new conceptual review shall be required if a prospective
				mitigation bank operator chooses to continue pursuing a proposal.
(b) To obtain conceptual review of a proposed
				mitigation bank, an applicant shall submit the following to the Department:
1. Information on the location, size, and
				environmental characteristics of the proposed mitigation bank site;
2. Information on previous uses of the site,
				including possible contamination and/or historic or archaeological
				resources;
3. The proposed
				mitigation alternatives being considered, such as creation, restoration, and/or
				enhancement;
4. Whether the credits
				generated by the bank will be used solely by the mitigation bank operator, or
				will be available for use by others;
5. Maps, photographs, diagrams, delineations,
				and/or other visual materials necessary for the Department to generally
				evaluate the proposed mitigation bank;
6. The names and addresses of all current
				owners of the mitigation bank site, and any prospective owners, as of the date
				the request for conceptual review is submitted; and
7. Consent from the owner of the proposed
				mitigation bank site, allowing Department representatives to enter the property
				in a reasonable manner and at reasonable times to inspect the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 18 - CONSERVATION RESTRICTIONS › Section 7:7-18.1 - Conservation restriction form and recording requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any conservation restriction required
				under this chapter shall conform with the New Jersey Conservation Restriction
				and Historic Preservation Restriction Act,
				13:8B-1 et seq., and shall:
1. Run with the land and be binding, in
				perpetuity, upon:
i. For mitigation areas, the
				land owner and successors in interest to any interest in the land or any part
				of the land covered by the mitigation area; and
ii. For conservation restrictions required
				under this chapter that do not include a mitigation area, the land owner and
				successors in interest to any interest in the land or in any part
				thereof;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 18 - CONSERVATION RESTRICTIONS › Section 7:7-18.2 - Additional requirements applicable to a conservation restriction for mitigation areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				conservation restriction shall include a requirement that each owner of any
				interest in the land subject to the conservation restriction (that is, the
				mitigation area) shall:
1. Notify the county
				and/or municipality of the conservation restriction whenever any application
				for a local approval involving the land subject to the conservation restriction
				is submitted; and
2. Insert notice
				of the conservation restriction into any subsequent deed or other legal
				instrument by which the owner divests either the fee simple title or any
				possessory interest in the land subject to the conservation
				restriction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 18 - CONSERVATION RESTRICTIONS › Section 7:7-18.3 - Reservation of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The property
				owner or grantor may request approval from the Department to undertake a de
				minimis modification of the area subject to a conservation restriction recorded
				in accordance with this subchapter. The Department shall approve the
				modification if it determines that the modification will result in an
				equivalent level of protection of the regulated resource; or the modification
				will result in an equivalent area of resource protection and will not
				compromise the original protected resource.
(b) The property owner or grantor may reserve
				the right to abandon the project. At any time prior to the start of any site
				disturbance, including pre-construction earth movement, removal of vegetation
				or structures, or construction of the project, the property owner or grantor
				may inform the Department in writing that it is abandoning the project and
				request that the Department void the permit. Upon confirmation that no site
				disturbance, including pre-construction earth movement, removal of vegetation
				or structures, or construction of the project has occurred, the Department
				shall provide to the permittee or grantor an executed release of the
				conservation restriction, which the permittee or grantor may then
				record.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 19 - RELAXATION OF PROCEDURES; RECONSIDERATION OF APPLICATION OF RULES › Section 7:7-19.1 - Relaxation of procedures in this chapter

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may, in its discretion and if consistent with
				  statutory requirements, relax the application of any of the procedures in this
				  chapter when necessary and in the public interest.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 19 - RELAXATION OF PROCEDURES; RECONSIDERATION OF APPLICATION OF RULES › Section 7:7-19.2 - Reconsideration of the application of a rule(s) in this chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may reconsider the application of one or more of the rules in this chapter,
				provided:
1. The Department has rendered a
				decision on a permit application under the rules in this chapter as strictly
				applied;
2. All administrative and
				judicial appeals of the permit decision have been concluded; and
3. Any of the following requirements is met:
i. A court has determined that the issuance,
				modification, or denial of a coastal permit would constitute a taking of
				property, and the property owner thereupon submits a request for a
				reconsideration of the application of a rule(s) in this chapter;
ii. A takings complaint has been filed with
				the court or the court has determined that the issuance, modification, or
				denial of a coastal permit would constitute a taking of property, and the
				Department initiates the reconsideration; or
iii. The issuance, modification, or denial of
				a coastal permit is for a single-family home or duplex and the Department
				initiates the reconsideration prior to the filing of a takings
				complaint.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 20 - PROVISIONAL PERMITS › Section 7:7-20.1 - Provisional permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department may issue a provisional permit if it finds that the beginning of
				construction prior to the completion of the full permit review process is
				necessary to meet the regulatory or funding requirements of a Federal or State
				agency.
(b) The issuance of a
				provisional permit shall not exempt the permittee from any of the requirements
				of this chapter. A permit application must be submitted before a provisional
				permit can be issued, and all permit review procedures shall be complied with
				following issuance of the provisional permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 21 - EMERGENCY AUTHORIZATIONS › Section 7:7-21.1 - Standard for issuance of an emergency authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue an emergency
				authorization only if the person seeking such authorization demonstrates that a
				threat to life, severe loss of property, or environmental degradation exists or
				is imminent, and the threat, severe loss, or degradation:
1. Can only be prevented or ameliorated
				through undertaking a regulated activity; and
2. Is likely to occur, persist, or be
				exacerbated before the Department can issue an authorization under a general
				permit or an individual permit for the preventive or ameliorative
				activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 21 - EMERGENCY AUTHORIZATIONS › Section 7:7-21.2 - Procedure to request an emergency authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person requesting an emergency
				authorization shall provide the Department with the following information by
				telephone and, in addition, by fax, electronic mail, or letter, unless the
				nature of the emergency is so immediate that only telephone notice is feasible:
1. The name, address, and contact information
				for the owner(s) of the property upon which the regulated activity will be
				conducted and for the owner(s) of any other properties affected by the proposed
				regulated activity;
2. A
				demonstration that the property owner(s) has given permission for the proposed
				regulated activity or, in the case of a public entity proposing activities on
				private property through power of eminent domain, a written statement of the
				public entity's intention to conduct the regulated activity;
3. The street address, lot, block,
				municipality, and county of the property upon which the regulated activity is
				proposed;
4. The nature and cause
				of the threat to life, severe loss of property, or environmental degradation,
				including the condition of existing structures, the vulnerability of people
				and/or property, and the threat to the environment;
5. The date and time at which the person
				requesting the emergency authorization learned of the threat to life, severe
				loss of property, or environmental degradation;
6. The nature and extent of the proposed
				regulated activity;
7. The proposed
				start and completion dates for the proposed regulated activity;
8. Photographs of the area where the
				regulated activity will be conducted;
9. If possible, a site plan showing the
				proposed regulated activity and anticipated impacts of the proposed activity to
				special areas; and
10. Any other
				information necessary for the Department to ensure compliance with the
				requirements of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 21 - EMERGENCY AUTHORIZATIONS › Section 7:7-21.3 - Issuance of emergency authorization; conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue or deny an
				emergency authorization within 15 calendar days after receiving a request that
				meets the requirements of
				7:7-21.2. The Director of the
				Division of Land Use Regulation, or the Director's designee, shall provide this
				decision to the person who requested the emergency authorization verbally and,
				if the decision is to issue the emergency authorization, shall provide written
				confirmation within five working days thereafter.
(b) Within 20 calendar days after the verbal
				decision to issue an emergency authorization, the Department shall publish
				notice of the emergency authorization in the DEP Bulletin.
(c) The Department's written confirmation of
				its decision to issue the emergency authorization shall include:
1. A full description of the activities
				authorized under the emergency authorization;
2. The time frames within which the regulated
				activities authorized under the emergency authorization must be commenced and
				conducted as set forth in (d) below;
3. A requirement that the person conducting
				the regulated activities authorized under the emergency authorization provide
				regular updates of progress at the site;
4. Any limits or other criteria necessary to
				ensure compliance to the maximum extent practicable with all requirements of
				this chapter; and
5. A requirement
				to provide mitigation for impacts to special areas in accordance with N.J.A.C.
				7:7-9 and 17, as appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 22 - PRE-APPLICATION CONFERENCES › Section 7:7-22.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				pre-application conference is a meeting between the Department and a
				prospective applicant to discuss the applicant's project and the application
				procedures and standards that will apply to the project. A prospective
				applicant may request a pre-application conference for any project. In the
				appropriate case, the Department may determine that the questions raised by a
				prospective applicant can be adequately addressed by telephone or in
				writing.
(b) A pre-application
				conference is not mandatory, except when the prospective applicant's project
				will involve the installation of submarine cables in the Atlantic Ocean. In
				this case, the prospective applicant shall comply with the requirements at
				7:7-22.2(d).
(c) A pre-application conference is
				recommended for large and/or complicated projects, as well as for dredging and
				dredged material management projects.
(d) Discussion or guidance offered by the
				Department at a pre-application conference shall not constitute a commitment by
				the Department to approve or deny an application.
(e) There is no fee for a pre-application
				conference.
(f) Where the
				prospective applicant's project will require approvals from several Department
				programs, the applicant is encouraged to contact the Department's Office of
				Permit Coordination and Environmental Review at (609) 292-3600 for assistance
				in coordinating the various applications.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 22 - PRE-APPLICATION CONFERENCES › Section 7:7-22.2 - Request for a pre-application conference; scheduling; information required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided at (b) and (d) below, a request for a pre-application conference shall
				be directed by electronic mail to LURTechSupport@dep.nj.gov, or by writing to
				the address set forth at
				N.J.A.C.
				7:7-1.6 to the attention of "Supervisor,
				(county in which the proposed project is located)."
(b) A request for a pre-application
				conference for a dredging or dredged material management project shall be
				directed to the address set forth at
N.J.A.C.
				7:7-1.6
to the attention of
				"Supervisor, Office of Dredging and Sediment Technology".
(c) A request for a pre-application
				conference for any project shall include the following:
1. A written description of the site and the
				proposed development including the dimensions, number, and uses of proposed
				structures;
2. Site plans or
				conceptual designs depicting the proposed development, if available;
3. The street address, lot, block,
				municipality, and county of the property upon which the regulated activity is
				proposed; and
4. A copy of any
				letter of interpretation pursuant to the Freshwater Wetlands Protection Act
				Rules, N.J.A.C. 7:7A, or any flood hazard area verification pursuant to the
				Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, which the Department has
				issued for the site. If neither a letter of interpretation nor a flood hazard
				area verification has been issued, the prospective applicant shall provide the
				general location of freshwater wetlands, freshwater wetland transition areas,
				State open waters, and special areas, as described at N.J.A.C. 7:7-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 23 - APPLICATION REQUIREMENTS › Section 7:7-23.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter sets forth the application requirements for:
1. An authorization under a general
				permit-by-certification;
2. An
				authorization under a general permit; and
3. An individual permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 23 - APPLICATION REQUIREMENTS › Section 7:7-23.2 - General application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department provides a checklist for
				each type of application submitted under this subchapter. The checklist
				identifies all of the submissions required under the rules to be part of an
				application, and also the appropriate level of detail and the format of the
				information to be submitted for each type of application. For example, where
				the rules require, as part of an application, the submittal of photographs
				showing certain types of information, the corresponding checklist will
				indicate, based on the type of development the particular permit covers, the
				number and orientation of photographs of the location of the proposed
				development. Where the rules require the submittal of a site plan, the
				corresponding checklist will indicate, based on the type of development the
				particular permit covers, the scale and details of the information to be
				illustrated on the plan. Checklists can be downloaded from the Department's
				website at
http://www.nj.gov/dep/landuse
or
				obtained by contacting the Department at the address set forth at
				N.J.A.C.
				7:7-1.6.
(b) The level of detail and documentation
				required for an application shall be commensurate with the size and impact of
				the proposed activity, its proximity to any of the special areas described at
				N.J.A.C. 7:7-9, and its potential for environmental impacts. The Department
				shall, upon request, provide an applicant with guidance regarding the
				appropriate level of detail for an application based on the activity the
				applicant proposes to undertake.
(c) The following persons may submit an
				application under this subchapter:
1. The
				owner(s) of a site on which an activity is proposed or conducted;
2. An agent designated by the owner(s) of a
				site to obtain or operate under a permit on behalf of the owner(s);
3. A public entity proposing an activity
				within a right-of-way or easement that is held or controlled by that entity or
				that will be appropriated by that entity under the power of eminent domain;
				or
4. A person that has the legal
				authority to perform the activities proposed in the application on the site and
				to carry out all requirements of this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 23 - APPLICATION REQUIREMENTS › Section 7:7-23.3 - Additional application requirements for an authorization under a general permit-by-certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for authorization under a
				general permit-by-certification shall be submitted electronically through the
				Department's online system at
http://www.nj.gov/dep/online
.
(b) In addition to meeting the requirements
				at N.J.A.C. 7:7-23.2, the applicant is
				required to provide the following in the online application for a general
				permit-by-certification:
1. The number (and
				subject matter) of the general permit-by-certification under which the
				application for authorization is being submitted;
2. The name of or other identifier for the
				proposed development or project;
3.
				The location of the proposed development or project, including address, city,
				state, zip code, municipality, State plane coordinates, lot, and
				block;
4. Information specific to
				the proposed project related to the requirements of the general
				permit-by-certification under which the application is being submitted, such
				as, for example, the length in linear feet of bulkhead that is being replaced
				under general permit-by-certification 10 (see
				7:7-5.1 );
5. Contact information for both the applicant
				and the property owner, including: name, address, telephone number, email
				address, municipality, county, organization, and organization type;
6. A certification, as set forth in
				7:7-23.2(j), as to
				each of the following:
i. That the site
				identified in the application is the actual location of the project
				site;
ii. That public notice of the
				application has been provided in accordance with N.J.A.C. 7:7-24;
iii. That the applicant has obtained written
				consent from the property owner that the application can be made on the
				property owner's behalf. This certification is required regardless of whether
				the applicant and property owner are the same person; and
iv. That conditions specific to the general
				permit-by-certification under which the application for authorization is being
				submitted are or will be met. For example, an applicant for authorization under
				general permit-by-certification 10 must certify that the proposed bulkhead will
				be constructed of non-polluting materials, and an applicant for authorization
				under general permit-by-certification 15 must certify that the property is
				located on a man-made lagoon;
7. To accomplish the certification under (b)6
				above, the PIN that was issued to the applicant upon registering with the
				Department's online system; and
8.
				The application fee for a general permit-by-certification set forth at N.J.A.C.
				7:7-25.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 23 - APPLICATION REQUIREMENTS › Section 7:7-23.4 - Additional application requirements for an authorization under a general permit or for an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				An application for authorization under a general permit or for an individual
				permit shall be submitted electronically through the Department's online system
				at
http://www.nj.gov/dep/online
,
				including all application information and supporting documentation.
(b) In addition to meeting the requirements
				at N.J.A.C. 7:7-23.2, the applicant is
				required to provide the following in the online application for a general
				permit or individual permit:
1. The number
				and subject matter of the general permit or individual permit under which the
				application is being submitted;
2.
				The name of, or other identifier for, the proposed development or
				project;
3. The location of the
				proposed development or project, including address, city, state, zip code,
				municipality, State plane coordinates, watershed information, lot, and block,
				as necessary;
4. Information
				specific to the proposed project related to the requirements of the
				authorization or permit under which the application is being
				submitted;
5. Contact information
				for the applicant, the property owner, any designated agent(s), and the
				municipal clerk for each municipality in which the project is located,
				including: name, address, telephone number, email address, municipality,
				county, organization, and organization type;
6. The PIN that was issued to the applicant
				upon registering with the Department's online system; and
7. The appropriate application fee set forth
				at N.J.A.C. 7:7-25.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 23 - APPLICATION REQUIREMENTS › Section 7:7-23.5 - Compliance statement requirement for an application for authorization under a general permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to the requirements at
				N.J.A.C.
				7:7-23.2 and 23.4, an application for
				authorization under a general permit shall include a compliance statement. The
				compliance statement is a narrative, which shall:
1. Demonstrate that the proposed development
				satisfies the requirements of the applicable general permit;
2. Demonstrate, for an application for
				authorization under a CAFRA general permit, that the findings set forth in
				CAFRA at 13:19-10, and at
				7:7-1.4, which must be addressed in
				order for the Department to issue the approval, can be made for the proposed
				development; and
3. Describe the
				characteristics of the site and the location of all proposed regulated
				activities, potential impacts from the construction process, and, as
				applicable, the operation of the development after completion and any
				monitoring or reporting methods that will be used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 23 - APPLICATION REQUIREMENTS › Section 7:7-23.6 - Additional requirements specific to an application for an individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to meeting the requirements at
				7:7-23.2 and 23.4, an application
				for an individual permit shall meet the requirements of this section.
(b) An application for an individual permit
				shall include an Environmental Impact Statement (EIS). The EIS shall:
1. Describe in a narrative form:
i. The proposed development or
				activity;
ii. The characteristics
				of the site and the surrounding region; and
iii. The location of all proposed regulated
				activities, potential impacts from the construction process, and, as
				applicable, the operation of the development after completion and any
				monitoring or reporting methods that will be used;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 24 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7-24.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				shall provide public notice in accordance with this subchapter for the
				following:
1. An application for an
				authorization under a general permit-by-certification pursuant to N.J.A.C.
				7:7-3 and 5;
2. An application for
				an authorization under a general permit pursuant to N.J.A.C. 7:7-3 and
				6;
3. An application for an
				individual permit pursuant to N.J.A.C. 7:7-8;
4. A mitigation proposal pursuant to N.J.A.C.
				7:7-17, which is not submitted as part of an application for an individual
				permit; and
5. An application for a
				major technical modification pursuant to
				7:7-27.5(e).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 24 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7-24.2 - Timing of public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any of the applications listed in
				7:7-24.1(a)  other
				than an application for a CAFRA individual permit, the applicant shall provide
				public notice in accordance with this subchapter no more than 30 calendar days
				prior to submitting the application, and no later than the date the application
				is submitted to the Department.
(b)
				An applicant for a CAFRA individual permit shall provide public notice of the
				application in accordance with the time frames at (b)1 and 2 below. The
				applicant shall in addition provide public notice of a comment period or public
				hearing on the application for a CAFRA individual permit in accordance with
				7:7-24.4.
1. Notice shall be provided pursuant to
				7:7-24.3(a), (b)1
				through 5, and (e) no more than 30 calendar days prior to submitting the
				application, and no later than the date the application is submitted to the
				Department. This time frame does not apply for notice to the recipients in
				7:7-24.3(b)6, to
				whom notice shall be provided in accordance with
				7:7-24.4; and
2. Notice shall be provided in the newspaper
				pursuant to
				7:7-24.4(a)  no
				more than 10 calendar days after the application is submitted to the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 24 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7-24.3 - Contents and recipients of public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any of the applications listed at
				N.J.A.C.
				7:7-24.1(a), the applicant
				shall provide a copy of the entire application, as submitted to the Department,
				to the municipal clerk in each municipality in which the site is located.
1. For applications submitted electronically,
				the applicant shall provide to the applicable municipal clerk(s) a description
				of the project, the specific permit(s)/authorization(s) being sought, and all
				items that will be uploaded to the online service, including all required items
				on the appropriate application checklist.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 24 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7-24.4 - Additional requirements for public notice of an application for a CAFRA individual permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				for a CAFRA individual permit shall publish newspaper notice, pursuant to
				7:7-24.5, of the application in the
				time frame set forth at
				7:7-24.2(b).
(b) An applicant for a CAFRA individual
				permit shall provide notice of the public comment period on the application
				when the Department schedules the public comment period in accordance with
				7:7-26.4. The notice shall include
				the information listed in (d)1 below and shall be sent to all of the following:
1. The municipal clerk in each municipality
				in which the project is located;
2.
				The environmental commission, or other government agency with similar
				responsibilities, of each municipality in which the project is
				located;
3. The planning board of
				each municipality in which the project is located; and
4. All owners of real property, including
				easements, located within 200 feet of the property boundary of the site in the
				manner set forth in the Municipal Land Use Law at
				40:55D-12.b, unless the proposed
				development is one of those listed at (c)1 through 4 below, in which case the
				notice shall be provided as set forth in (d) below. The owners of real
				property, including easements, shall be those on a list that was certified by
				the municipality. The date of certification of the list shall be no earlier
				than one year prior to the date the application is submitted to the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 24 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7-24.5 - Content and format of newspaper notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The newspaper notice pursuant to
				7:7-24.3 and 24.4 shall be either a
				legal notice or a display advertisement in the official newspaper of the
				municipality in which the site is located, or if there is no official
				newspaper, a newspaper of general circulation in the municipality.
(b) The newspaper notice pursuant to
				7:7-24.3(c)  and
				24.4(a) shall include all of the following:
1. The mailing address and telephone number
				of the Department, as set forth at
				7:7-1.6;
2. The name and mailing address of the
				applicant;
3. The approval being
				sought;
4. A description of the
				proposed activities;
5. The street
				address of the site;
6. A list of
				each lot, block, municipality, and county within which proposed activities will
				occur; and
7. The standard language
				of the form notice letter available from the Department website as set forth at
				7:7-1.6.
i. For newspaper notice required under
				7:7-24.3(c), the
				form notice letter explains that: an application will be submitted to the
				Department for the specific development as identified pursuant to (b)4 through
				6 above; a complete copy of the application is available to be reviewed at
				either the municipal clerk's office or by appointment at the Department's
				Trenton Office; and comments or information on the proposed development and
				site may be submitted to the Department at the address set forth at
				7:7-1.6 within 15 calendar days of
				the date of the notice.
ii. For
				newspaper notice required under
				7:7-24.4(a), the
				form notice letter explains that: an application has been submitted to the
				Department for the specific development described at (b)1 through 6 above; a
				complete copy of the CAFRA individual permit application is available to be
				reviewed at either the municipal clerk's office or by appointment at the
				Department's Trenton Office; either a 30-day public comment period or public
				hearing will be held on the application in the future; individuals may request
				a public hearing on the application within 15 calendar days of the date of the
				notice; and requests for a public hearing shall be sent to the Department at
				the address set forth at
				7:7-1.6 and shall state the
				specific nature of the issues to be raised at the hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 24 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7-24.6 - Documenting public notice of an application; documenting public notice of public comment period or public hearing on CAFRA individual permit application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				submitting an application other than an application for a CAFRA individual
				permit shall include as part of the application documentation that the required
				public notice of the application has been provided, as follows:
1. For public notice other than newspaper
				notice, the documentation shall consist of:
i. A copy of the certified United States
				Postal Service white mailing receipt for each public notice that was mailed, or
				other written receipt; and
ii. A
				certified list of all owners of real property, including easements, located
				within 200 feet of the property boundary of the site (including name, mailing
				address, lot, and block) prepared by the municipality for each municipality in
				which the project is located. The date of certification of the list shall be no
				earlier than one year prior to the date the application is submitted to the
				Department; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 25 - APPLICATION FEES › Section 7:7-25.1 - Application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter establishes the application fees for:
1. A written determination of exemption from
				CAFRA pursuant to 7:7-2.2(f), or from the Waterfront Development Law pursuant
				to 7:7-2.4(h);
2. An authorization
				under a general permit-by-certification, pursuant to N.J.A.C. 7:7-3 and 5,
				except as provided at (b)4 below;
3. An authorization under a general permit,
				pursuant to 7:7-6.1 through 6.32, except for the general permit for habitat
				creation, restoration, enhancement, and living shoreline activities,
				7:7-6.24;
4. An individual permit;
				and
5. A modification of an
				authorization under a general permit or an individual permit pursuant to
				7:7-27.5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 25 - APPLICATION FEES › Section 7:7-25.2 - Adjustment of application fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When, based on budget considerations, the Department determines to adjust the
				application fees established in this subchapter for the upcoming State fiscal
				year (which runs from July 1 to June 30), the Department shall:
1. Prepare an Application Fee Adjustment
				Report, in accordance with (b) below; and
2. Publish a notice of administrative change
				in the New Jersey Register that:
i. States
				that the Application Fee Adjustment Report is available on the Department's
				website at
http://www.nj.gov/dep/landuse
;
				and
ii. Sets forth the adjusted
				application fees determined as provided at (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.1 - General application review provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the review
				procedures for applications for authorization under a general permit and for
				applications for an individual permit. These procedures also apply to
				applications for a water quality certificate.
(b) The review procedures for the following
				are set forth elsewhere in this chapter:
1.
				For a request for a written determination of exemption from CAFRA or the
				Waterfront Development Law, see
				7:7-2.2(f)  or
				2.4(f), respectively;
2. For a
				request for an applicability determination, see
				7:7-2.5;
3. For a mitigation proposal, see N.J.A.C.
				7:7-17;
4. For a request for an
				emergency authorization, see N.J.A.C. 7:7-21; and
5. For a request to extend, transfer, or
				modify a permit, see
				7:7-27.3, 27.4, or 27.5,
				respectively.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.2 - Applications for all coastal general permit authorizations and applications for waterfront development and coastal wetlands individual permits-completeness review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20
				working days after receiving an application for authorization under a general
				permit or an application for a waterfront development or coastal wetlands
				individual permit, where day one of the 20-working-day period is the date the
				application is received, the Department shall take one of the following
				actions:
1. Determine the application is both
				administratively and technically complete and issue notification to the
				applicant in writing that the application is complete for review, effective as
				of the date the Department received the application;
2. Determine the application is
				administratively complete but technically incomplete and issue notification to
				the applicant in writing that the application is technically incomplete. This
				notification shall specify the additional information required and the deadline
				by which the information must be submitted; or
3. Determine the application is
				administratively incomplete and issue notification to the applicant in writing
				that the application is administratively incomplete. This notification shall
				specify the additional information required and the deadline by which the
				information must be submitted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.3 - CAFRA individual permit application-initial completeness review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As required by
				7:7-24.4(a), an applicant for a CAFRA individual permit shall, upon submittal
				of the application to the Department, publish newspaper notice, pursuant to
				7:7-24.5, of the application. If the documentation of publication of the
				newspaper notice required under 7:7-24.6 is not received by the Department
				within 10 calendar days of submittal of the application to the Department, the
				application shall not be declared complete for public comment or public hearing
				until a minimum of 20 calendar days after publication of the newspaper notice
				and until the documentation is received by the Department.
(b) Within 20 working days after receiving an
				application for a CAFRA individual permit, where day one of the 20-working-day
				period is the date the application is received, the Department shall take one
				of the following actions:
1. Determine the
				application is both administratively and technically complete and issue
				notification to the applicant in writing that the application is complete for
				public comment or complete for public hearing, effective as of the date the
				Department received the application;
2. Determine the application is
				administratively complete but technically incomplete and issue notification to
				the applicant in writing that the application is technically incomplete. This
				notification shall specify the additional information required and the deadline
				by which the information must be submitted; or
3. Determine the application is
				administratively incomplete and issue notification to the applicant in writing
				that the application is administratively incomplete. This notification shall
				specify the additional information required and the deadline by which the
				information must be submitted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 26 - APPLICATION REVIEW › Section 7:7-26.4 - CAFRA individual permit application - public comment period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 15 calendar days after the date
				that the Department declares a CAFRA individual permit application complete for
				public comment, the Department shall schedule a public comment period on the
				application, and shall so notify the applicant.
1. The public comment period shall begin no
				later than 60 calendar days after the date that the Department declares the
				application complete for public comment.
2. The Department shall accept written
				comments for 30 calendar days.
3.
				The Department shall publish notice of the comment period in the DEP
				Bulletin.
4. The applicant shall
				provide notice of the public comment period as required by
				7:7-24.4(b).