reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.23 - New Jersey In-Lieu Fee Mitigation Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department's ILF Program provides a
				third-party compensatory mitigation option for unavoidable impacts to wetland
				resources and enforcement actions approved by the Department.
(b) The ILF Program will be used for all
				activities and program management related to the selection, design,
				acquisition, implementation, monitoring, management, and long-term protection
				of ILF Program projects.
(c) The
				ILF Program Instrument sets forth guidelines and responsibilities for the
				establishment, use, operation, protection, monitoring, and maintenance of the
				ILF Program to ensure that work associated with the ILF Program produces the
				necessary compensatory mitigation credits to compensate for unavoidable impacts
				to wetland resources. The ILF Program Instrument is intended to ensure New
				Jersey's Wetland Mitigation Fund complies with EPA's 2008 regulations governing
				in-lieu fee programs (
40 CFR
				230.98
). The Council will sell
				credits to satisfy compensatory mitigation requirements only if all of the
				terms of the ILF Program Instrument are satisfied.
(d) The Council shall receive 10 percent of
				each monetary contribution when contributions are deposited into the ILF
				Program account. This administrative fee will be used for reasonable overhead
				and related costs of administering the ILF Program.
(e) The Council shall disperse mitigation
				fund dollars in accordance with the ILF Program Instrument for ILF projects
				within primary and secondary service areas of the State.
(f) The Council is authorized to sell credits
				to provide compensatory mitigation for impacts authorized by the Department
				within each service area, provided:
1. The
				Council collects the monetary contributions in accordance with the ILF
				Instrument; and
2. In the event
				that a project funded by the Council fails to result in mitigation, and the
				Council fails to timely fund an alternative mitigation project, the Council
				deducts the outstanding mitigation obligations from its pool of available
				credits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.24 - New Jersey In-Lieu Fee Mitigation Program grant funding procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Program
				Administrator shall publish, on the Department's website, a request for grant
				proposals for the water regions in which funding is available in the Wetland
				Mitigation Fund in accordance with the ILF Program Instrument.
(b) To be eligible for funding, interested
				applicants must submit a conceptual ILF grant proposal in response to the
				request for proposals. A conceptual proposal shall be prepared in accordance
				with the ILF Program Instrument and shall:
1.
				Identify the location of the project (including service area, county, and
				municipality);
2. Identify the
				amount of wetlands to be preserved, enhanced, created, or restored;
3. Identify the amount of money requested for
				the project;
4. Include a detailed
				explanation of the proposed budget;
5. Identify the amount of proposed credits to
				be generated; and
6. Include a
				summary of the proposal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.25 - 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 N.J.A.C. 7:7A-11.26.
(b) If the establishment of a mitigation bank
				involves regulated activities as described at
N.J.A.C.
				7:7A-2.2
or
2.3
,
				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. Construction of the wetland creation, enhancement, and restoration
				components of an approved mitigation bank shall be initiated no later than one
				year after the date of the first credit transaction.
(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 wetland and 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 an
				undisturbed wetland and/or State open water;
4. The amount of wetlands, transition area,
				and/or State open waters 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 wetland
				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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 11 - MITIGATION › Section 7:7A-11.26 - 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 and shall not be relied upon by the applicant in
				purchasing a proposed mitigation area. A conceptual review does not grant any
				property or other rights or in any way imply that the Department has or will
				authorize any mitigation activities at the proposed mitigation area or issue
				any other approval.
(b) To obtain
				conceptual review of a proposed mitigation bank, an applicant shall submit the
				following to the Department:
1. A letter of
				interpretation covering the entire proposed mitigation bank site, issued by the
				Department under N.J.A.C. 7:7A-3;
2. Information on previous uses of the site,
				including the presence of historic or archaeological resources in accordance
				with N.J.A.C. 7:7A-19.5 or the potential of mitigation activities to pose an
				ecological risk as defined in N.J.A.C. 7:7A-11.4(h).
i. If available, the applicant shall provide
				a copy of the characterization and other information required at N.J.A.C.
				7:7A-11.4(h) to determine ecological risk;
3. The proposed mitigation alternative(s)
				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
				owner(s) of the mitigation bank site, and any prospective owner(s), 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 12 - CONSERVATION RESTRICTIONS › Section 7:7A-12.1 - 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,
N.J.S.A. 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 12 - CONSERVATION RESTRICTIONS › Section 7:7A-12.2 - Property owners' reservation of rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for a
				conservation restriction associated with a mitigation site, 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
				in writing, 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 13 - RECONSIDERATION BY DEPARTMENT OF ITS ACTION OR INACTION CONCERNING A PERMIT › Section 7:7A-13.1 - Reconsideration by Department of its action or inaction concerning a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the issuance, modification, or denial
				of an individual freshwater wetlands permit would constitute a taking without
				just compensation, and provided the conditions at (b) below are met, the
				Department may do any one or more of the following:
1. Compensate the property owner for the lost
				value of the property;
2. Condemn
				the affected property pursuant to the Eminent Domain Act of 1971, N.J.S.A.
				20:3-1 et seq.; and/or
3.
				Reconsider and modify its action or inaction concerning a permit so as to
				minimize the detrimental effect to the value of the property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 13 - RECONSIDERATION BY DEPARTMENT OF ITS ACTION OR INACTION CONCERNING A PERMIT › Section 7:7A-13.2 - Establishing permit conditions (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 13 - RECONSIDERATION BY DEPARTMENT OF ITS ACTION OR INACTION CONCERNING A PERMIT › Section 7:7A-13.4 - Effect of a permit (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 14 - EMERGENCY AUTHORIZATIONS › Section 7:7A-14.1 - Standards 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
				permit for the preventive or ameliorative activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 14 - EMERGENCY AUTHORIZATIONS › Section 7:7A-14.2 - 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 and block numbers, 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
				freshwater wetlands, State open waters, and/or transition 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 14 - EMERGENCY AUTHORIZATIONS › Section 7:7A-14.3 - 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
N.J.A.C. 7:7A-14.2
. 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) Notice of the
				issuance of the emergency permit shall be published and public comments
				received, in accordance with the provisions of
40 CFR
				124.10
and
124.11
,
				and of the Federal Act and applicable State law, provided that this
				notification shall be mailed no later than 10 days after issuance of the
				emergency permit.
(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 timeframes
				within which the regulated activities authorized under the emergency
				authorization must be commenced and conducted as set forth in (e)
				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 wetlands, State open waters, and
				transition areas in accordance with N.J.A.C. 7:7A-11, as appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.1 - 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, but is recommended for large
				and/or complicated projects.
(c)
				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.
(d) There is
				no fee for a pre-application conference.
(e) 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.2 - Request for a pre-application conference; scheduling; information required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) 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.
				7:7A-1.4
to the attention of
				"Supervisor, (county in which the proposed project is located)."
(b) A request for a pre-application
				conference for any project shall include the following:
1. A written description of the site and the
				proposed project including the dimensions, number, and uses of proposed
				structures;
2. Site plans or
				conceptual designs depicting the proposed project, if available;
3. The street address, lot and block numbers,
				municipality, and county of the property upon which the regulated activity is
				proposed; and
4. A copy of any
				Letter of Interpretation that the Department has issued for the site. If a
				Letter of Interpretation has not been issued, the prospective applicant shall
				provide the general location of freshwater wetlands, transition areas, and
				State open waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.13 - Financial assurance for a proposal to restore, create, or enhance wetlands (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.16 - Requirements that apply after the Department approves restoration, creation, or enhancement (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.18 - Requirements that apply after the Department approves mitigation through a monetary contribution (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.19 - Requirements that apply after the Department approves mitigation through a land donation (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 15 - PRE-APPLICATION CONFERENCES › Section 7:7A-15.26 - Mitigation for transition area impacts in accordance with N.J.A.C. 7:7A-6.3(g) (special activity transition area waivers based upon individual permit criteria) (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the
				application requirements for:
1. A letter of
				interpretation, including an E-LOI, and an extension or modification of a
				letter of interpretation;
2. An
				authorization under a general permit-by-certification;
3. An authorization under a general permit,
				with the following exceptions:
i. The ongoing
				maintenance of an off-stream stormwater management facility created in uplands
				under general permit 1;
ii. The
				repair or modification of an individual subsurface disposal system (septic
				system) under general permit 24; and
iii. Minor channel cleaning performed by a
				local government agency under general permit 25;
4. A transition area waiver; and
5. An individual permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.2 - 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.
				7:7A-1.4.
(b) The level of detail and documentation
				required for an application shall be commensurate with the size and impact of
				the proposed regulated activity or project, its proximity to critical areas,
				and its potential for impacts to freshwater wetlands, transition areas, and/or
				State open waters. The Department shall, upon request, provide the 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 a regulated activity is proposed or conducted, or
				which is the subject of a letter of interpretation;
2. An agent designated by the owner(s) of a
				site to obtain or operate under a letter of interpretation or 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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.3 - Additional application requirements for an LOI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				meeting the requirements at
				N.J.A.C.
				7:7A-16.2, an application for an LOI shall
				include the following material, in the number and format specified in the
				appropriate application checklist:
1. A
				completed application form, available from the Department at the address set
				forth at
N.J.A.C. 7:7A-1.4
. This
				form requires basic information regarding the requested LOI, including LOI
				type, name and address of the applicant and any designated agent(s), the
				specific site or portion of site that is the subject of the application, and
				certifications as to the truth and accuracy of the information provided and as
				to the ownership of the property;
2. Documentation that public notice of the
				application has been provided in accordance with
N.J.A.C.
				7:7A-17
;
3. The
				appropriate application fee as set forth at N.J.A.C. 7:7A-18; and
4. A survey, certified in accordance with
				N.J.A.C.
				7:7A-16.2(j), shall be
				submitted for every LOI, except a presence/absence LOI for an entire site. All
				surveys shall be conducted and documentation provided in accordance with the
				requirements at N.J.A.C. 7:36 Appendix 2, or a subset of these requirements as
				may be defined by the appropriate LOI checklist.
i. The survey for a presence/absence LOI for
				a portion of a site under
				N.J.A.C.
				7:7A-4.3(c)2 shall identify
				the portion(s) of the site that is the subject of the application.
5. Consent from the owner of the
				site allowing the Department to enter the site in a reasonable manner and at
				reasonable times to inspect the site. This consent shall continue in effect for
				the duration of the application review and decision process, including for the
				duration of any appeal made from the decision on the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.4 - Application requirements for an E-LOI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application
				for an LOI may be submitted electronically through the Department's online
				system at
http://www.nj.gov/dep/online
. All
				application information and supporting documentation can be submitted
				electronically with the exception of any required surveys, which must be mailed
				or delivered to the Department for review.
(b) In addition to meeting the requirements
				at N.J.A.C. 7:7A-16.2, an applicant
				submitting an application for an LOI electronically is required to provide the
				following, as specified in the appropriate application checklist:
1. The type of LOI being requested;
2. The name of or other identifier for the
				application;
3. The location of the
				specific site or portion of site that is the subject of the application,
				including address, city, state, zip code, municipality, State plane
				coordinates, and, as applicable, lot and block numbers;
4. Contact information for the applicant,
				property owner, and any designated agent(s), including: name, address,
				telephone number, e-mail address, municipality, county, organization, and
				organization type;
5. The following
				certifications:
i. A certification that the
				site identified in the application is the actual location subject to the
				application;
ii. A certification
				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;
iii. A certification of
				truth and accuracy of the information provided;
iv. A certification that any required survey
				has been conducted and documentation provided as required by this chapter;
				and
v. A certification that the
				applicant has obtained written consent from the property owner allowing the
				Department to enter the site in a reasonable manner and at reasonable times to
				inspect the site;
6. To
				accomplish the certifications at (b)5 above, 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. 7:7A-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.5 - Application requirements for an LOI extension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				addition to meeting the requirements of
N.J.A.C.
				7:7A-16.3(a)
1, 2,
				and 3, an application to extend an LOI shall include the following material, in
				the number and format specified in the appropriate application checklist:
1. A copy of the original LOI that the
				applicant wishes to extend;
2. A
				copy of the survey or site plan submitted as part of the application for the
				original LOI that the applicant wishes to extend; and
3. Any other information reasonably necessary
				to determine if the information in the original LOI remains accurate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.6 - 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. 7:7A-16.2, 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 regulated activity or project;
3. The location of the proposed regulated
				activity or project, including address, city, state, zip code, municipality,
				State plane coordinates, and lot and block numbers, as necessary;
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 area
				of proposed disturbance to wetlands under general permit-by-certification 8
				(see
N.J.A.C. 7:7A-6.1
);
5. Contact information
				for both the applicant and the property owner, including: name, address,
				telephone number, e-mail address, municipality, county, organization, and
				organization type;
6. A
				certification 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.
				7:7A-17
;
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 24 must certify that
				the total area of disturbance is no more than one-quarter acre;
7. To accomplish the certification
				at (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. 7:7A-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.7 - Additional application requirements for an authorization under a general permit, for an individual permit, or for a transition area waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for authorization under a
				general permit, for an individual permit, or for a transition area waiver shall
				be submitted electronically through the Department's online system at
http://nj.gov/dep/online
,
				including all application information and supporting documentation.
(b) In addition to meeting the requirements
				at N.J.A.C. 7:7A-16.2, the applicant
				is required to provide the following in the online application for a general
				permit, individual permit, or transition area waiver:
1. The number and subject matter of the
				general permit, individual permit, or transition area waiver under which the
				application is being submitted;
2.
				The name of, or other identifier for, the proposed regulated activity or
				project;
3. The location of the
				proposed regulated activity 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, permit, or transition area waiver 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. 7:7A-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.8 - Additional requirements specific to 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. 7:7A-16.2
and
16.7
, an application for authorization under a general permit
				shall meet the requirements of this section.
(b)An application for authorization under a
				general permit shall include the following:
1. A line delineation LOI issued under
N.J.A.C. 7:7A-4.4
or a
				line verification LOI issued under
N.J.A.C.
				7:7A-4.5
, if an LOI of either type
				has been issued. A presence/absence LOI issued under
N.J.A.C.
				7:7A-4.3
is not sufficient. If no
				LOI has been issued, or if only a presence/absence LOI has been issued, the
				application shall include all information required for an application for a
				line delineation LOI or line verification LOI, covering the portion of the site
				that will be affected by the general permit activity;
2. The total area, in acres, of wetlands and
				State open waters on the site before the regulated activity is performed, and
				the total area, in acres, of wetlands and State open waters on the site that
				will remain after the regulated activity is performed. The total area of
				wetlands and State open waters on the site can be approximated using a
				planimeter or other mapping technique;
3. Documentation regarding when the lot that
				is the subject of the general permit was created by subdivision;
4. A history of the ownership of the property
				beginning June 30, 1988, to present;
5. A listing of contiguous lots that were in
				common ownership with the lot on which the activities are proposed and the
				ownership history of each lot beginning June 30, 1988, to present;
				and
6. A compliance statement that
				shall:
i. Demonstrate that the proposed
				activity or project satisfies the requirements of the applicable general
				permit;
ii. Demonstrate that the
				proposed activity or project satisfies the requirements at
				N.J.A.C.
				7:7A-5.7; and
iii. Describe the characteristics of the site
				and the location of all proposed regulated activities, potential impacts from
				the construction process, and, as applicable, any monitoring or reporting
				methods that will be used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.10 - Additional requirements specific to an application for a transition area waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to meeting the requirements
				at
N.J.A.C. 7:7A-16.2
and
16.7
, an application for a transition area waiver shall meet
				the requirements of this section.
(b) An application for a transition area
				waiver shall include the following:
1. A line
				delineation LOI issued under
N.J.A.C.
				7:7A-4.4
, or a line verification
				LOI issued under
N.J.A.C.
				7:7A-4.5
, if an LOI of either type
				has been issued. A presence/absence LOI issued under
N.J.A.C.
				7:7A-4.3
is not sufficient. If no
				LOI has been issued for the site, or if only a presence/absence LOI has been
				issued, the application shall include all information required for an
				application for a line delineation LOI or line verification LOI.
2. A compliance statement that shall:
i. Demonstrate that the proposed activity or
				project satisfies the requirements at N.J.A.C. 7:7A-8; and
ii. Describe the characteristics of the site
				and the location of all proposed regulated activities, potential impacts from
				the construction process, and, as applicable, any monitoring or reporting
				methods that will be used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 16 - APPLICATION REQUIREMENTS › Section 7:7A-16.11 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any information submitted to the
				Department under this chapter may be claimed as confidential by the submitter
				at the time of submittal.
(b)
				Claims of confidentiality for the following information will be denied:
1. The name and address of any permit
				applicant or permittee;
2. Effluent
				data;
3. Permit application;
				and
4. Permit decision.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7A-17.1 - 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 a letter of
				interpretation, including the extension of a letter of interpretation, pursuant
				to N.J.A.C. 7:7A-4;
2. An
				application for an authorization under a general permit-by-certification
				pursuant to N.J.A.C. 7:7A-5 and 6;
3. An application for an authorization under
				a general permit pursuant to N.J.A.C. 7:7A-5 and 7, except for general permit
				15 for mosquito control activities at N.J.A.C. 7:7A-7.15, which is subject only
				to the notice requirements found at N.J.A.C. 7:7A-7.15(f);
4. An application for an individual
				freshwater wetland permit or open water fill permit pursuant to N.J.A.C. 7:7A-9
				and 10;
5. An application for a
				transition area waiver pursuant to N.J.A.C. 7:7A-8;
6. A mitigation proposal pursuant to N.J.A.C.
				7:7A-11, which is not submitted as part of a permit application; and
7. An application for a major technical
				modification pursuant to N.J.A.C. 7:7A-20.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7A-17.2 - Timing of public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
For any of the applications listed in
N.J.A.C.
				  7:7A-17.1(a)
, 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.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7A-17.3 - 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.
				7:7A-17.1(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 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7A-17.4 - Content and format of newspaper notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The newspaper notice pursuant to N.J.A.C.
				7:7A-17.3(c) 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 N.J.A.C. 7:7A-17.3(c) shall include all of the following:
1. The mailing address and telephone number
				of the Department as set forth at
N.J.A.C.
				7:7A-1.4
;
2. The name and mailing address of the
				applicant;
3. The type of approval
				being sought;
4. A description of
				the proposed regulated activity, or project;
5. The street address of the site;
6. A list of each lot, block, municipality,
				and county within which the LOI is requested and/or the proposed, regulated
				activity or project will occur; and
7. The standard language of the form notice
				letter available from the Department website at the address set forth at
N.J.A.C. 7:7A-1.4
.
i. The form notice letter explains that: an
				application will be submitted to the Department for the specific regulated
				activity or project as identified pursuant to (b)4, 5, and 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 requested LOI or proposed regulated activity or
				project and site may be submitted to the Department at the address set forth at
N.J.A.C. 7:7A-1.4
within
				15 calendar days of the date of the notice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 17 - REQUIREMENTS FOR AN APPLICANT TO PROVIDE PUBLIC NOTICE OF AN APPLICATION › Section 7:7A-17.5 - Documenting public notice of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant 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;
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, and lot and block numbers) 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
iii. A copy of each public notice letter that
				was mailed; and