reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:7A-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter constitutes the rules
				governing the implementation of the Freshwater Wetlands Protection Act,
N.J.S.A. 13:9B-1
et
				seq., and the New Jersey Water Pollution Control Act,
N.J.S.A.
				58:10A-1
et seq. Certain violations
				of the New Jersey Water Pollution Control Act are also subject to enforcement
				provisions at
N.J.A.C. 7:14
.
(b) The powers, duties, and functions vested
				in the Department under this chapter shall not limit, in any manner, the
				powers, duties, and functions vested under any other law, except as
				specifically set forth in this chapter.
(c) The Freshwater Wetlands Protection Act,
				on and subsequent to July 1, 1988, shall supersede any law or ordinance enacted
				by any municipality, county, or political subdivision thereof, regulating
				freshwater wetlands or freshwater wetlands transition areas, except that the
				Pinelands Commission may provide for more stringent regulation of activities in
				and around freshwater wetland areas within its jurisdiction. No municipality,
				county, or political subdivision thereof shall enact any law, ordinance, rule,
				or regulation requiring a transition area adjacent to a freshwater wetland,
				except that the Pinelands Commission may provide for more stringent regulation
				of activities in and around freshwater wetland areas within its
				jurisdiction.
(d) This section
				shall not, however, preclude municipal advice to the Department concerning
				letters of interpretation or other matters.
(e) This chapter shall not preempt State
				regulatory programs that affect regulated activities in freshwater wetlands,
				including, but not limited to, Coastal Area Facility Review Act (CAFRA),
N.J.S.A. 13:19-1
et
				seq., the Flood Hazard Area Control Act,
N.J.S.A.
				58:16A-50
et seq., and
				State-approved municipal water quality management plans. These programs will
				continue to regulate based on the concerns covered by their respective enabling
				statutes and rules, and may, through such regulation, have some impact on
				projects in freshwater wetlands. However, those programs will not use
				freshwater wetlands concerns as a basis for regulation, and any regulation by
				these programs of projects in freshwater wetlands will be limited to that based
				on other concerns (for example, flood danger).
(f) If a proposed project does not involve a
				freshwater wetland or State open water, does not constitute a regulated
				activity, or is exempt under this chapter, the final decision on the
				application shall be based solely on the requirements of other applicable
				permit programs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:7A-1.2 - Effect of a permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Compliance with a permit during its term
				constitutes compliance, for enforcement purposes, with sections 301, 307, and
				403 of the Federal Act, with the Freshwater Wetlands Protection Act, and with
				this chapter. Because transition areas are not regulated under the Federal Act,
				compliance with a transition area waiver during its term constitutes
				compliance, for enforcement purposes, with the Freshwater Wetlands Protection
				Act and with this chapter. However, a permit may be modified, terminated and
				reissued, suspended, or terminated during its term for cause as set forth in
				this chapter.
(b) The issuance of a
				permit does not convey property rights of any sort, or any exclusive
				privilege.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:7A-1.4 - Forms, checklists, and information; Department address and website

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Forms, checklists, and other information related to this chapter can be
				obtained from the Division of Land Use Regulation at the address in (b) below,
				by telephone at (609) 984-0162, or through the Division's website at
http://www.nj.gov/dep/landuse
.
				Further information about the Department can be accessed at
http://www.nj.gov/dep
.
(b) Applications and other correspondence
				shall be submitted to the following addresses:
1. For submittal of an application for an
				e-LOI, for authorization under a general permit-by-certification or general
				permit, for an individual permit, or for a transition area waiver, the
				Department's website at
http://www.nj.gov/dep/online
;
				and
2. For correspondence or the
				submittal of an application for an exemption, letter of interpretation, or an
				extension, transfer, or modification of a permit:
i. For regular mail:
New Jersey Department of Environmental Protection
Division of Land Use Regulation
Mail Code 501-02A, PO Box 420
Trenton, NJ 08625; and
ii. For hand delivery, courier service, and
				overnight mail:
New Jersey Department of Environmental Protection
Division of Land Use Regulation
501 East State Street
5 Station Plaza, Second Floor
Trenton, New Jersey 08609.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:7A-1.5 - Liberal construction

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to effectuate the
				  purpose of the Acts under which it was adopted.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 7:7A-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause,
				  or portion of this chapter, or the application thereof to any person, is
				  adjudged unconstitutional or invalid by a court of competent jurisdiction, such
				  judgment shall be confined in its operation to the subchapter, section,
				  subsection, provision, clause, portion, or application directly involved in the
				  controversy in which the judgment was rendered and it shall not affect or
				  impair the remainder of this chapter or the application thereof to other
				  persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.1 - When a permit is required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall
				engage in a regulated activity subject to this chapter without a permit or
				authorization listed in (b) below. Initiation of a regulated activity without a
				permit or conducting a regulated activity beyond that specifically authorized
				by a permit is considered a violation of this chapter and shall subject the
				person or persons responsible for the regulated activity to enforcement action
				in accordance with N.J.A.C. 7:7A-22.
(b) A person undertaking any regulated
				activity under this chapter shall do so only in accordance with:
1. An authorization under a general
				permit-by-certification, pursuant to N.J.A.C. 7:7A-5 and 6;
2. An authorization under a general permit,
				pursuant to N.J.A.C. 7:7A-5 and 7;
3. A transition area waiver, pursuant to
				N.J.A.C. 7:7A-8;
4. An individual
				permit, pursuant to N.J.A.C. 7:7A-9 and 10; or
5. An emergency authorization, pursuant to
				N.J.A.C. 7:7A-14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.2 - Regulated activities in freshwater wetlands and State open waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following activities are regulated under this chapter when performed in a
				freshwater wetland unless excluded under (c) below:
1. The removal, excavation, disturbance or
				dredging of soil, sand, gravel, or aggregate material of any kind;
2. The drainage or disturbance of the water
				level or water table so as to alter the existing elevation of groundwater or
				surface water, regardless of the duration of such alteration, by:
i. Adding or impounding a sufficient quantity
				of stormwater or other water to modify the existing vegetation, values or
				functions of the wetland; or
ii.
				Draining, ditching or otherwise causing the depletion of the existing
				groundwater or surface water so as to modify the existing vegetation, values or
				functions of the wetland;
3. The dumping, discharging or filling with
				any materials;
4. The driving of
				pilings;
5. The placing of
				obstructions, including depositing, constructing, installing or otherwise
				situating any obstacle which will affect the values or functions of a
				freshwater wetland; and
6. The
				destruction of plant life which would alter the character of a freshwater
				wetland, including killing vegetation by applying herbicides or by other means,
				the physical removal of wetland vegetation, and/or the cutting of
				trees.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.3 - Regulated activities in transition areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) and (c) below, the following are regulated activities when they
				occur in transition areas:
1. Removal,
				excavation, or disturbance of the soil;
2. Dumping or filling with any
				materials;
3. Erection of
				structures;
4. Placement of
				pavements; and
5. Destruction of
				plant life which would alter the existing pattern of vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.5 - Geographic areas exempted from permit and/or waiver requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Regulated activities in areas under the jurisdiction of the New Jersey Sports
				and Exposition Authority under
N.J.S.A.
				13:17-1
et seq., do not require a
				permit under this chapter, but may require other State and/or Federal wetlands
				approvals, such as a Federal 404 permit from the USACE, a water quality
				certificate, or a Federal Consistency Determination issued under the Federal
				Coastal Zone Management Act,
16 U.S.C. §§
											1451
et seq.
(b) The discharge of dredged or fill material
				in a freshwater wetlands or State open water under the jurisdiction of the
				Pinelands Commission is subject to freshwater wetlands and open water fill
				permit requirements under this chapter. However, regulated activities in areas
				under the jurisdiction of the Pinelands Commission, other than the discharge of
				dredged or fill material, are not subject to this chapter. Transition areas are
				not regulated under this chapter in areas under the jurisdiction of the
				Pinelands Commission. However, the Pinelands Commission may provide for more
				stringent regulation of activities in and around freshwater wetland areas
				within its jurisdiction, which include transition area regulations. For
				information on freshwater wetlands and transition areas in the Pinelands under
				this chapter and under the Pinelands Comprehensive Management Plan (CMP),
				contact the Pinelands Commission at (609) 894-7300 or through its website at
http://www.nj.gov/pinelands
.
(c) An application for the discharge of
				dredged or fill material in areas under the jurisdiction of the Pinelands
				Commission shall be reviewed as follows:
1.
				If the discharge is subject to the Pinelands CMP and is eligible for a general
				permit under this chapter, the Pinelands Commission shall review the discharge
				under the CMP and shall also review the application for a freshwater wetlands
				general permit using the standards in this chapter;
2. If the discharge is subject to the
				Pinelands CMP and requires an individual permit under this chapter, the
				Pinelands Commission shall review the discharge under the CMP and the
				Department shall review the application for an individual freshwater wetlands
				permit using the standards in this chapter; and
3. If the discharge is not subject to the
				Pinelands CMP but requires an individual or general permit under this chapter,
				the Department shall review the application for an individual or general
				freshwater wetlands permit using the standards in this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.6 - Exemption letters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person with a project or activity which
				qualifies for an exemption under this subchapter may obtain a letter from the
				Department certifying that an activity is exempt. The letter will be based on
				the information required by this section, and will be void if the information
				submitted is not complete and accurate, if the approval upon which it was based
				becomes invalid for any reason, or if the project or activity is not carried
				out as represented in the submittal(s) to the Department. This exemption will
				remain valid for the duration of the approval upon which it was
				based.
(b) To apply for an
				exemption letter for a farming, silviculture, or ranching exemption under
				N.J.A.C.
				7:7A-2.4(c), an applicant
				shall submit the following:
1. Certification
				of farmland assessment eligibility under the New Jersey Farmland Assessment
				Act, N.J.S.A. 54:4-23.1 et seq. The Department will accept a copy of the
				applicant's tax bill showing farmland assessment to document this
				requirement;
2. A site plan or
				other drawing, and description of all activities for which the exemption is
				requested, including the location, total area of the existing and proposed
				activities, the types of farming, silviculture, or ranching, best management
				practices currently employed or to be employed, the site conditions in the area
				in which the activity would take place, the size, location, and use of all
				proposed dwellings or structures, and the length of time the operation has been
				ongoing;
3. A copy of the farm
				conservation plan, as developed in conjunction with the Natural Resource
				Conservation Service and approved by the Soil Conservation District, as
				appropriate; and
4. The fee
				specified in N.J.A.C. 7:7A-18.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.7 - Stormwater management

Current through Register Vol. 56, No. 14, July 15, 2024
If a project requires an individual permit under this chapter
				  and the project in its entirety (that means the whole project, not just the
				  portions within wetlands or transition area) meets the definition of "major
				  development" at
N.J.A.C. 7:8-1.2
, then the project shall comply in its entirety with the Stormwater
				  Management rules at
N.J.A.C. 7:8
. If an activity requires a
				  general permit under this chapter and the regulated activity meets the
				  definition of "major development" at
N.J.A.C.
				  7:8-1.2
, then the project of which
				  the regulated activity is a part shall comply in its entirety with the
				  Stormwater Management rules at
N.J.A.C. 7:8
. In accordance
				  with
N.J.A.C.
				  7:7A-1.1(c)
, the
				  Pinelands Commission may require equal or more stringent stormwater management
				  regulation of activities in and around freshwater wetland areas within its
				  jurisdiction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.8 - Activities exempted from permit and/or waiver requirement (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 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.9 - Geographic areas exempted from permit and/or waiver requirement (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 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7A-2.11 - Stormwater management (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 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION › Section 7:7A-3.1 - Identifying freshwater wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Freshwater
				wetlands shall be identified and delineated using the three-parameter approach
				(that is, hydrology, soils, and vegetation) enumerated in the 1989 Federal
				Manual.
(b) To aid in determining
				the presence or absence of freshwater wetlands, the Department may refer to any
				of the following sources of information:
1.
				New Jersey Freshwater Wetlands maps prepared by the Department and available as
				indicated in (f) below;
2. United
				States Department of Agriculture Soil Surveys;
3. USGS quad maps;
i. NWI maps shall be used to indicate the
				approximate location of some freshwater wetlands;
ii. NWI maps have been determined to be
				unreliable for the purposes of locating the actual wetlands boundary;
4. USGS topographic
				maps;
5. Letters submitted by
				applicants containing site specific data;
6. Comments filed by municipal and county
				governments and interested citizens; and
7. Comments filed by State or Federal
				agencies.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION › Section 7:7A-3.2 - Classification of freshwater wetlands by resource value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Freshwater
				wetlands shall be divided into three classifications based on resource value.
				The Department shall consider the resource value classification of a wetland
				in, among other things, evaluating alternatives to the proposed regulated
				activity, in determining the size of the transition area, and in determining
				the amount and/or type of mitigation required.
(b) A freshwater wetland of exceptional
				resource value, or exceptional resource value wetland, is a freshwater wetland
				which:
1. Discharges into FW-1 or FW-2 trout
				production waters or their tributaries;
2. Is a present habitat for threatened or
				endangered species; or
3. Is a
				documented habitat for threatened or endangered species, and which remains
				suitable for breeding, resting, or feeding by these species during the normal
				period these species would use the habitat.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION › Section 7:7A-3.3 - Identifying a transition area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A transition
				area serves as:
1. An ecological transition
				zone from uplands to freshwater wetlands which is an integral portion of the
				freshwater wetlands ecosystem, providing temporary refuge for freshwater
				wetlands fauna during high water episodes, critical habitat for animals
				dependent upon but not resident in freshwater wetlands, and slight variations
				of freshwater wetland boundaries over time due to hydrologic or climatologic
				effects; and
2. A sediment and
				storm water control zone to reduce the impacts of development upon freshwater
				wetlands and freshwater wetlands species.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION › Section 7:7A-3.5 - Reserved

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 3 - IDENTIFYING FRESHWATER WETLANDS AND TRANSITION AREAS; FRESHWATER WETLANDS RESOURCE VALUE CLASSIFICATION › Section 7:7A-3.6 - Effect, duration, and extension of a letter of interpretation (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 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the general provisions relating to
				  letters of interpretation; the types of letters of interpretation; the duration
				  of a letter of interpretation; and the conditions that apply to a letter of
				  interpretation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A letter of interpretation (LOI) provides
				the Department's official determination of one or more of the following:
1. Whether there are any freshwater wetlands,
				transition areas, and/or State open waters present on a site or portion of a
				site;
2. Where the boundaries of
				freshwater wetlands, transition areas and/or State open waters are located on a
				site; and/or
3. What resource value
				classification under
N.J.A.C. 7:7A-3.2
applies to the freshwater wetlands on a site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.3 - Presence/absence LOI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				presence/absence LOI identifies whether any freshwater wetlands, State open
				waters or transition areas exist on a site, or on a portion of a site
				(footprint of disturbance). A presence/absence LOI also provides the resource
				value classification for any wetlands on the site.
(b) A presence/absence LOI does not identify
				the boundaries or location of any freshwater wetlands, transition areas, and/or
				State open waters found within a site or portion thereof. To obtain an LOI
				indicating the location or the boundaries of freshwater wetlands, transition
				areas, and/or State open waters, an applicant shall apply for a line
				delineation LOI under
N.J.A.C. 7:7A-4.4
, or a line verification LOI under
N.J.A.C.
				7:7A-4.5
.
(c) The Department shall issue a
				presence/absence LOI for either of the following:
1. An entire site, regardless of its size;
				or
2. A portion of a site, also
				known as a footprint of disturbance, provided the portion is no larger than one
				acre.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.4 - Line delineation LOI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A line
				delineation LOI identifies the boundaries of any freshwater wetlands,
				transition areas, and/or State open waters on a site or a municipal tax lot
				that is one acre or smaller, and identifies the resource value classification
				of any freshwater wetlands on the site. For a line delineation LOI, the
				applicant need not submit a delineation. Rather, the Department shall inspect
				the site and delineate the boundary lines of any freshwater wetlands,
				transition areas, and/or State open waters.
(b) The Department shall issue a line
				delineation LOI for a site, or for a municipal tax lot, that is one acre or
				smaller. The Department shall not issue a line delineation LOI for a site
				larger than one acre. The Department shall not issue a line delineation LOI for
				a portion of a site, unless the portion is a municipal tax lot.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.5 - Line verification LOI

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A line
				verification LOI identifies the boundaries of any freshwater wetlands,
				transition areas, and/or State open waters on a site, and the resource value
				classification of any freshwater wetlands on the site. For a line verification
				LOI, the applicant shall submit a proposed delineation of wetlands, transition
				areas, and/or State open waters, which the Department will confirm or
				modify.
(b) The Department shall
				issue a line verification LOI for the following:
1. A site, regardless of its size;
2. A municipal tax lot no larger than the
				site; or
3. A portion of a site, if
				all of the following criteria are met:
i. The
				site is publicly owned;
ii. The
				site is larger than 10 acres;
iii.
				The portion is no larger than 10 percent of the overall site; and
iv. The portion is clearly marked on the plan
				and on the ground.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.6 - Duration of a letter of interpretation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				person who is issued a letter of interpretation pursuant to this subchapter
				shall be entitled to rely on the determination of the Department, concerning
				the presence or absence, or the extent of freshwater wetlands and/or State open
				waters, for a period of five years from its issuance, unless the letter of
				interpretation is determined to have been based on inaccurate or incomplete
				information, in which case the Department may void the original letter of
				interpretation and issue a new letter of interpretation reflecting the actual
				conditions on the site. For example, the LOI may be revised to reflect
				additional wetland areas identified after LOI issuance; or if a threatened or
				endangered species habitat is disclosed or discovered after the LOI was issued,
				the Department may correct the resource value classification.
(b) The term of a letter of interpretation
				may be extended, provided that the information upon which the original letter
				was based remains valid, but shall not exceed five years from the original
				expiration date.
(c) Requests for
				extensions shall be made in writing to the Department before the letter of
				interpretation has expired, but no more than one year before the expiration
				date, and shall be subject to the application requirements at N.J.A.C. 7:7A-16.
				Applicants will be required to submit a new application if an extension is not
				applied for prior to the expiration date of the letter of
				interpretation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 4 - LETTERS OF INTERPRETATION › Section 7:7A-4.7 - Conditions that apply to an issued letter of interpretation delineation or verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Within 90 calendar days after the Department issues a delineation or
				verification letter of interpretation on a privately owned lot, or on a
				publicly owned lot other than a right-of-way, the recipient of the delineation
				or verification shall submit the following information to the Office of the
				County Clerk or the registrar of deeds and mortgages in which the site is
				located, and shall send proof to the Department in accordance with (b) below
				that this information is recorded on the deed of each lot referenced in the
				delineation or verification letter of interpretation:
1. The Department file number for the letter
				of interpretation;
2. The approval
				and expiration date of the letter of interpretation;
3. A metes and bounds description of the
				wetland boundary approved under the letter of interpretation;
4. The width and location of any transition
				area approved under the letter of interpretation; and
5. The following statement: "The State of New
				Jersey has determined that all or a portion of this lot lies in a freshwater
				wetland and/or transition area. Certain activities in wetlands and transition
				areas are regulated by the New Jersey Department of Environmental Protection
				and some activities may be prohibited on this site or may first require a
				freshwater wetland permit. Contact the Division of Land Use Regulation at (609)
				292-0060 or
http://www.nj.gov/dep/landuse
for
				more information prior to any construction onsite."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the standards for the Department
				  to issue, by rulemaking, general permits-by-certification and general permits;
				  the use of these permits to conduct authorized activities; the standards
				  governing the use of more than one of these permits on a single site; the
				  duration of authorizations under these permits; and the conditions that apply
				  to these permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.2 - Standards for issuance, by rulemaking, of general permits-by-certification and general permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will, in accordance with
				the rulemaking provisions of the New Jersey Administrative Procedure Act,
N.J.S.A. 52:14B-1
et
				seq., promulgate each general permit-by-certification or general permit, except
				for general permit numbers 6 and 7, after publication of a notice of rule
				proposal in the New Jersey Register and consideration of public comment. In
				addition, the Department will send a copy of the draft general
				permit-by-certification or general permit to the USEPA, and will follow the
				procedures for USEPA comment found at N.J.A.C. 7:7A-19.5.
(b) The Department will promulgate a general
				permit-by-certification or general permit only if all of the following
				conditions are met:
1. The Department
				determines that the regulated activities will cause only minimal adverse
				environmental impacts when performed separately, will have only minimal
				cumulative adverse impacts on the environment, and will cause only minor
				impacts on freshwater wetlands and State open waters;
2. The Department determines that the
				activity will conform to the purposes of the Freshwater Wetlands Protection
				Act, and will not violate the Federal Act; and
3. The Department has provided public notice
				and an opportunity for a public hearing with respect to the proposed general
				permit-by-certification or general permit. After a general
				permit-by-certification or general permit has been promulgated pursuant to this
				subchapter, the Department will not hold public hearings on individual
				applications for authorization under a general permit-by-certification or
				general permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.3 - Use of an authorization pursuant to a general permit-by-certification or a general permit to conduct regulated activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				activity that meets the requirements of a general permit-by-certification may
				be conducted when the person proposing to conduct the activity receives the
				automatic authorization resulting from completion of the application submission
				through the Department's electronic system in accordance with
				N.J.A.C.
				7:7A-16.6.
(b) An activity that meets the requirements
				of a general permit may be conducted when the person proposing to conduct the
				activity receives authorization from the Department in accordance with N.J.A.C.
				7:7A-19, except in an area under the jurisdiction of the Pinelands Commission.
				In such an area, the application shall be submitted to the Pinelands Commission
				rather than to the Department, in accordance with the Pinelands Comprehensive
				Management Plan (CMP). For information on freshwater wetlands and transition
				areas in the Pinelands, contact the Pinelands Commission at (609) 894-7300 or
				through its website at
http://www.nj.gov/pinelands
.
(c) Each general permit-by-certification or
				general permit specifies whether it covers activities in freshwater wetlands,
				transition areas, State open waters, or a combination thereof. An authorization
				issued under a general permit-by-certification or general permit that covers
				activities in freshwater wetlands satisfies the requirement for a freshwater
				wetlands permit. An authorization issued under a general
				permit-by-certification or general permit that covers activities in State open
				waters satisfies the requirement for an open water fill permit. An
				authorization issued under a general permit-by-certification or general permit
				that covers activities in a transition area satisfies the requirement for a
				transition area waiver.
(d) Each
				authorization under a general permit shall include an access transition area
				waiver that allows access to the authorized activity, in accordance with
N.J.A.C.
				7:7A-8.1(a)
5. No
				fee or application is required for this waiver and the disturbance authorized
				under this waiver is not counted in calculating the amount of disturbance under
				the general permit.
(e) The
				Department shall deny an application for authorization under a general permit
				and require an application for an individual permit if the Department finds
				that:
1. Additional permit conditions added
				under N.J.A.C. 7:7A-20.3 would not be sufficient to ensure compliance with this
				chapter and other applicable laws; or
2. Special circumstances make an individual
				permit necessary to ensure compliance with the Freshwater Wetlands Protection
				Act, this chapter, any permit or order issued pursuant thereto, or the Federal
				Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.5 - Duration of an authorization under a general permit-by-certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An authorization under a general
				permit-by-certification is valid for five years from the date of issuance of
				the authorization.
(b) The
				five-year term of an authorization under a general permit-by-certification
				shall not be extended.
(c) All
				regulated activities being conducted pursuant to an authorization under a
				general permit-by-certification shall immediately cease if the authorization
				expires.
(d) If an authorization
				under a general permit-by-certification expires and the person intends to
				commence or continue the regulated activities, the person shall obtain a new
				authorization or permit under this chapter authorizing the regulated
				activities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.6 - Duration of an authorization under a general permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) below, an authorization under a general permit is valid for
				five years from the date of issuance of the authorization.
(b) The five-year term of an authorization
				under a general permit may be extended one time for five years pursuant to
				N.J.A.C. 7:7A-20.4.
(c) If an
				authorization under a general permit expires and the person intends to commence
				or continue the regulated activities, the person shall obtain a new
				authorization under this chapter authorizing the regulated activities.
1. If no regulated activities have occurred
				prior to the expiration of the authorization, the Department shall issue a new
				authorization under the general permit only if the project is revised where
				necessary to comply with the requirements of this chapter in effect when the
				application for the new authorization is declared complete for
				review;
2. If any regulated
				activities have occurred prior to the expiration of the authorization, the
				Department shall issue a new authorization under the general permit only if the
				project is revised where feasible to comply with the requirements of this
				chapter in effect when the application for the new authorization is declared
				complete for review. In determining the feasibility of compliance with the
				requirements in effect at the time the application is declared complete for
				review, the Department shall consider the amount of construction that has been
				completed prior to the expiration of the original authorization, the amount of
				reasonable financial investment that has been made in the original design
				consistent with the requirements applicable under the original authorization,
				and whether continuing construction as approved under the original
				authorization would have an adverse impact on the environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.7 - Conditions applicable to an authorization pursuant to a general permit-by-certification or a general permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person
				conducting regulated activities pursuant to an authorization under a general
				permit-by-certification or a general permit shall comply with:
1. The conditions set forth in the general
				permit-by-certification or general permit itself;
2. The conditions that apply to all general
				permits-by-certification and general permits set forth at (b) below;
3. The conditions that apply to all permits
				at N.J.A.C. 7:7A-20.2;
4. The
				limits on the use of multiple general permits-by-certification or general
				permits in
N.J.A.C. 7:7A-5.4
;
5. If required under a
				particular general permit, mitigation pursuant to N.J.A.C. 7:7A-11;
				and
6. Any additional conditions
				imposed under (f) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.8 - General permit 8-House additions (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.9 - General permit 9-Airport sight line clearing (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.10A - General permit 10A-Very minor road crossings (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.10B - General permit 10B-Minor road crossings (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.11 - General permit 11-Outfalls and intake structures (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.12 - General permit 12-Surveying and investigating (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.13 - General permit 13-Lake dredging (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.14 - General permit 14-Water monitoring devices (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.15 - General permit 15-Mosquito control activities (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.16 - General permit 16-Habitat creation and enhancement activities (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.17 - General permit 17-Trails and boardwalks (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.17A - General permit 17A-Non-Motorized, Multiple-use Paths (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.18 - General permit 18-Dam repair (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.19 - General permit 19-Docks and piers (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.20 - General permit 20-Bank stabilization (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.21 - General permit 21-Above ground utility lines (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.23 - General permit 23-Expansion of cranberry growing operations in the Pinelands (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.24 - General permit 24-Spring developments (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.25 - General permit 25-Malfunctioning individual subsurface sewage disposal (septic) systems (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.26 - General permit 26- Minor channel or stream cleaning for local government agencies (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 5 - GENERAL PROVISIONS FOR GENERAL PERMITS-BY-CERTIFICATION AND GENERAL PERMITS › Section 7:7A-5.27 - General permit 27-Redevelopment of previously disturbed areas (Recodified)

Current through Register Vol. 56, No. 14, July 15, 2024