reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 6 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:7A-6.1 - General permit-by-certification 8-Construction of an addition to a lawfully existing residential dwelling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 8 authorizes construction of an addition to a lawfully
				existing residential dwelling in freshwater wetlands and/or transition areas,
				provided the conditions at
N.J.A.C.
				7:7A-5.7
are met and:
1. The dwelling was lawfully constructed
				prior to July 1, 1988;
2. The
				proposed addition is attached to or an extension of the residential
				dwelling;
3. The proposed
				activities do not include disturbance of State open waters;
4. The total area of disturbance, including
				freshwater wetlands, transition areas, and non-regulated areas, is no more than
				750 square feet; and
5. The
				footprint of the existing building has not increased by more than 750 square
				feet, cumulatively, since July 1, 1988, and the addition will not exceed a
				cumulative 750-square-foot increase in combination with previous
				additions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 6 - GENERAL PERMITS-BY-CERTIFICATION › Section 7:7A-6.2 - General permit-by-certification 24-Repair or modification of a malfunctioning individual subsurface sewage disposal (septic) system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit-by-certification 24 authorizes activities in freshwater wetlands and
				transition areas necessary for the repair or modification of a malfunctioning
				individual subsurface sewage disposal system, provided the conditions at
N.J.A.C. 7:7A-5.7
are met
				and:
1. The total area of disturbance
				including freshwater wetlands, transition areas, and non-regulated areas is no
				more than one-quarter acre and all disturbance is located on the same property
				where the malfunctioning system is located;
2. The proposed activities do not include
				disturbance of State open waters;
3. The repair or modification of the system
				is limited to serve only those volumes of sanitary sewage, estimated in
				accordance with
N.J.A.C. 7:9A-7.4
, that were approved prior to the malfunction; and
4. Prior to applying for this general
				permit-by-certification, the applicant obtains a letter from the local board of
				health with jurisdiction over the individual subsurface sewage disposal system,
				stating that:
i. The proposed activities are
				authorized under, and comply with, the Department's Standards for Individual
				Subsurface Sewage Disposal Systems at
N.J.A.C. 7:9A
;
ii. The proposed activities are not directly
				or indirectly caused by an expansion of the facility the individual subsurface
				sewage disposal system serves, or a change in its use, including a change from
				disuse or abandonment to any type of use; and
iii. There is no alternative location on the
				site that:
(1) Has a seasonal high water
				table deeper than 1.5 feet below the existing ground surface; and
(2) Can be used for a subsurface sewage
				disposal system.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.1 - General permit 1-Maintenance and repair of existing features

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 1 authorizes activities in freshwater wetlands and State open waters
				required to carry out the repair, rehabilitation, replacement, maintenance, or
				reconstruction of a previously authorized, currently serviceable structure,
				fill, roadway, utility line, active irrigation, or drainage ditch, or
				stormwater management facility lawfully existing prior to July 1, 1988, or
				permitted under this chapter, provided all applicable requirements at
N.J.A.C. 7:7A-5.7
and 20.3
				are met and:
1. The previously authorized
				structure, fill, roadway, utility, ditch, or facility has not been and will not
				be put to any use other than as specified in any permit authorizing its
				original construction; and
2. The
				activities do not expand, widen, or deepen the previously authorized feature,
				and do not deviate from any plans of the original activity, except that minor
				deviations due to changes in materials or construction techniques and which are
				necessary to make repairs, rehabilitation, or replacements are allowed,
				provided such changes do not result in disturbance of additional freshwater
				wetlands or State open waters upon completion of the activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.2 - General permit 2- Underground utility lines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 2 authorizes activities in freshwater wetlands, transition areas, and/or
				State open waters necessary for the construction and/or maintenance of an
				underground utility line, provided all applicable requirements at
N.J.A.C. 7:7A-5.7
and
				20.3 are met and:
1. Permanent above-ground
				disturbance of wetlands, transition area, and/or State open waters is no
				greater than 0.5 acre. Anything that changes the character of the existing
				wetland, even if only to a different wetland type, is permanent disturbance.
				For example, maintained clearing over a utility line is permanent disturbance.
				For the purposes of this section, installation of a utility line in scrub shrub
				or emergent wetlands shall not be considered permanent disturbance;
2. Permanently maintained clearing over the
				utility line is no wider than 20 feet unless a wider area is required by
				law;
3. The trench into which the
				utility line is placed is no wider than necessary to comply with the United
				States Occupational Safety and Health Administration safety standards for
				excavations, set forth at 29 CFR Part 1926, Subpart P;
4. Temporary disturbance, such as temporary
				construction clearing or temporary storage of dirt or equipment, is the minimum
				size necessary for compliance with applicable laws;
5. The activities shall not cause any change
				in preconstruction elevation of a freshwater wetland, transition area, or State
				open water; and
6. Manholes and
				siphons for sewer lines are placed outside of wetlands, unless the Department's
				Municipal Finance and Construction Element determines under
N.J.A.C.
				7:22
and/or 7:14A-23 that there is no feasible alternative to
				placement in wetlands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.3 - General permit 3- Discharge of return water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 3 authorizes the discharge of return water from an upland, contained,
				dredged material management area into State open waters, and placement of a
				pipe above ground for the discharge through freshwater wetlands and/or
				transition areas, provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are
				met.
(b) The dredging itself may
				also require other State and Federal permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.4 - General permit 4- Hazardous site investigation and cleanup

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 4 authorizes activities in freshwater wetlands, transition areas, and
				State open waters that are undertaken by the Department or by a licensed site
				remediation professional pursuant to the Administrative Requirements for the
				Remediation of Contaminated Sites,
N.J.A.C. 7:26C
, for the
				investigation, cleanup, removal, or remediation of hazardous substances as
				defined by or pursuant to the Department's rules governing hazardous substances
				at
N.J.A.C. 7:1E
, Appendix A or pollutants as defined by or
				pursuant to the New Jersey Pollutant Discharge Elimination System (NJPDES)
				rules at
N.J.A.C. 7:14A
, provided all applicable requirements
				at
N.J.A.C. 7:7A-5.7
and
				20.3 are met and:
1. The applicant
				demonstrates, or provides a certification from a licensed site remediation
				professional pursuant to the Administrative Requirements for the Remediation of
				Contaminated Sites,
N.J.A.C. 7:26C
, that the area of
				freshwater wetlands, State open waters, and/or transition areas disturbed is
				the minimum necessary for compliance with the Technical Requirements for Site
				Remediation,
N.J.A.C. 7:26E
, and the Administrative
				Requirements for the Remediation of Contaminated Sites rules,
N.J.A.C.
				7:26C
. This demonstration or certification shall include:
i. An exploration of all feasible alternative
				remediation methods acceptable under
N.J.A.C. 7:26E
and 7:26C;
				and
ii. The identification of any
				remediation methods that would result in less area of freshwater wetlands,
				State open waters, and transition areas disturbance with an explanation for why
				these remediation methods were not chosen; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.5 - General permit 5- Landfill closures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				5 authorizes activities in freshwater wetlands, transition areas, and/or State
				open waters that are undertaken by the Department's Division of Solid and
				Hazardous Waste, or authorized through a solid waste facility closure and
				post-closure plan or disruption approval issued by the Department under
N.J.A.C. 7:26-2A.9
,
				provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The Department determines that the
				activities that will cause the disturbance are necessary to properly close the
				solid waste facility and to properly maintain and monitor it after closure. For
				example, an access road necessary for landfill closure may be authorized under
				general permit 5, but an access road that is not necessary for landfill
				closure, but that will facilitate development of the site, is not authorized
				under general permit 5; and
2. The
				applicant demonstrates that the amount of disturbance is the minimum necessary
				in order to adequately close and/or maintain the landfill. For example, a
				disturbance for an access road through wetlands may be necessary to properly
				close the landfill in accordance with (a)1 above, but the road shall be the
				minimum size possible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.6 - General permit 6- Non-tributary wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 6 authorizes regulated
				activities in freshwater wetlands and/or State open waters, if the freshwater
				wetlands and/or State open waters are not part of a surface water tributary
				system discharging into an inland lake or pond, or a river or stream, provided
				all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The activities disturb no more than one
				acre of a freshwater wetland and/or State open water that is not a water of the
				United States; and
2. The
				activities disturb no more than one-half acre of a freshwater wetland and/or
				State open water that is a water of the United States. Mitigation shall be
				performed for all permanent loss and/or disturbance to wetlands and/or State
				open water that are waters of the United States in accordance with (b)
				below.
3. The activities do not
				take place in any of the following:
i. An
				exceptional resource value wetland, as described at
N.J.A.C.
				7:7A-3.2
;
ii. A State open water that is a special
				aquatic site;
iii. USEPA priority
				wetlands; or
iv. A State open water
				that is larger than one acre.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.6A - General permit 6A- Transition areas adjacent to non-tributary wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				6A authorizes regulated activities in transition areas adjacent to freshwater
				wetlands, if the freshwater wetlands are not part of a surface water tributary
				system discharging into an inland lake or pond, or a river or stream, provided
				all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The activities disturb no more than
				one-half acre of a transition area.
i. If the
				activity authorized under general permit 6 eliminates a wetland in its
				entirety, authorization under general permit 6A is not required for activities
				in the associated transition area;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.7 - General permit 7- Human-made ditches or swales in headwaters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 7 authorizes activities in
				freshwater wetlands that are human-made ditches or in freshwater wetlands that
				are swales, provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The ditch or swale is located in a
				headwater;
i. For the purpose of this
				section, "headwater" means a water or wetland that is upstream of the point on
				a non-tidal stream where the average annual flow is less than five cubic feet
				per second. The Department may estimate this point from available data by using
				area annual precipitation, area drainage basin maps, and the average annual
				runoff coefficient, or by similar means. For a stream that is dry for long
				periods of the year, the Department may establish the downstream boundary of
				the headwater as that point in the stream where water flow exceeds five cubic
				feet per second at least 50 percent of the time. In general, the Department
				considers a water body with a drainage area of less than 50 acres to be a
				headwater.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.8 - General permit 8- House additions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 8 authorizes activities in freshwater wetlands and/or transition
				areas necessary for the construction of additions or appurtenant improvements
				to residential dwellings lawfully existing prior to July 1, 1988, provided all
				applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The activities will not occur in State
				open waters;
2. The improvement or
				addition requires no more than a cumulative surface area of 750 square feet of
				fill and/or disturbance and will not result in new alterations to freshwater
				wetlands outside of the 750-square-foot area; and
3. The improvement or addition is located
				within 100 feet of the residential dwelling.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.9 - General permit 9- Airport sight line clearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 9 authorizes the selective
				cutting of certain vegetation in freshwater wetlands and transition areas at a
				public use aeronautical facility, as defined in the New Jersey Department of
				Transportation rules at
N.J.A.C. 16:54-1.3
, provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The cutting of vegetation is only as
				necessary to comply with the protected air space provisions for a public use
				aeronautical facility, mandated by the Federal Aviation Administration (FAA)
				and set forth in the New Jersey Department of Transportation rules at
N.J.A.C.
				16:54-4.2(a)
1iii
				and 2ii;
2. The activities are
				necessary to enable an aeronautical facility to comply with New Jersey
				Department of Transportation rules. The cutting of vegetation in wetlands
				and/or transition areas as part of a project that increases the area of
				pavement or buildings at an airport is not authorized under general permit 9,
				and would require an individual permit under this chapter;
3. Adverse environmental impacts are
				minimized as follows:
i. Activities shall be
				timed to minimize disturbance of threatened and endangered species. The
				Department will specify the required timing in the general permit authorization
				when issued;
ii. The permittee
				shall leave all tree stumps, brush stumps, and root systems in place;
iii. The permittee shall minimize disturbance
				of freshwater wetlands and transition areas through use of matting, equipment
				running on oversized tires, or other similar practices; and
iv. Cut vegetation shall be disposed of in a
				manner that will minimize adverse environmental impacts on wetlands and
				transition areas, taking into consideration State Forest Fire Service
				requirements at
N.J.S.A. 13:9-23
and/or other applicable laws.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.10A - General permit 10A- Very minor road crossings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 10A authorizes the
				following activities in freshwater wetlands, transition areas, and/or State
				open waters:
1. Construction of one or more
				new road crossings, including attendant features such as shoulders, sidewalks
				and embankments;
2. Expansion,
				widening, or upgrading of one or more existing paved or unpaved roads or
				drives; and
3. Activities necessary
				to reduce horizontal curves in an existing paved road to comply with New Jersey
				Department of Transportation safety regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.10B - General permit 10B- Minor road crossings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 10B authorizes the
				following activities in freshwater wetlands, transition areas, and/or State
				open waters:
1. Construction of one or more
				new road crossings necessary to gain access to an otherwise inaccessible,
				developable, upland site, including attendant features such as shoulders,
				sidewalks and embankments;
2.
				Expansion, widening, or upgrading of one or more existing paved or unpaved
				roads, including attendant features such as shoulders, sidewalks and
				embankments; and
3. Activities
				necessary to reduce horizontal curves in an existing paved road to comply with
				New Jersey Department of Transportation safety regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.11 - General permit 11- Outfalls and intake structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 11 authorizes activities
				in freshwater wetlands, transition areas, and State open waters necessary for
				the construction of:
1. A stormwater outfall
				structure;
2. An outfall structure
				that discharges other than stormwater into State open waters, and which is
				covered by a valid NJPDES permit issued by the Department under N.J.A.C.
				7:14A;
3. An intake structure
				located in a State open water, for which all approvals required by the
				Department other than this general permit authorization have been
				obtained;
4. A well that is part of
				a non-public water system, as defined under the Department's Safe Drinking
				Water Act rules at
				7:10-1.3 (this includes certain
				small private portable water wells), provided that:
i. There is no alternative onsite location
				for the well that would have less environmental impact;
ii. The source of the water supply to the
				well does not affect the hydrology of the freshwater wetlands; and
iii. All approvals required by the Department
				other than this general permit authorization have been obtained;
5. Conveyance structures, such as
				pipes and headwalls, associated with an outfall or intake listed in (a)1, 2, or
				3 above; and
6. Energy dissipation
				structures, such as rip-rap, gabion baskets, and scour holes, associated with
				an outfall or intake listed in (a)1, 2, or 3 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.12 - General permit 12- Surveying and investigating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 12 authorizes activities
				in freshwater wetlands, transition areas and State open waters necessary for
				surveying and investigative activities such as:
1. Soil borings dug by machine;
2. Hand dug soil borings larger than three
				feet in diameter or depth. A hand dug soil boring three feet or less in
				diameter and depth is not regulated pursuant to
				7:7A-2.2(c)  and
				thus does not require Department approval;
3. Cutting of vegetation by machine for a
				survey line that is no wider than five feet;
4. Cutting of vegetation by hand for a survey
				line larger than three feet wide. Cutting of vegetation by hand for a survey
				line that is three feet wide or less is not regulated pursuant to
				7:7A-2.2(c)  and
				thus does not require Department approval; and
5. Digging of exploratory pits and/or other
				temporary activities necessary for a geotechnical or archaeological
				investigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.13 - General permit 13- Lake dredging

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 13 authorizes up to one acre of dredging in palustrine emergent
				freshwater wetlands necessary to restore or maintain a lake, pond, or reservoir
				to its original bottom contours, provided all applicable requirements at
N.J.A.C. 7:7A-5.7
and
				20.3 are met and:
1. Dredging does not occur
				in wetlands that are not palustrine emergent wetlands;
2. If the lake, pond, or reservoir is to be
				lowered during dredging:
i. The permittee
				obtains a lake lowering permit from the Department's Division of Fish and
				Wildlife;
ii. Regulated activities
				do not begin until the lake, pond, or reservoir is lowered in accordance with
				the lake lowering permit; and
iii.
				All regulated activities are discontinued before the lake, pond, or reservoir
				is refilled;
3. In order
				to minimize adverse impacts on fish and on the downstream environment:
i. All necessary measures, including
				adjusting the timing of the dredging, are taken to prevent any detrimental
				effect to spawning of fish in the lake, pond, or reservoir or downstream;
				and
4. There is a
				continuous flow of sediment-free water to the area downstream of the lake,
				pond, or reservoir at all times during activities authorized under general
				permit 13.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.14 - General permit 14- Water monitoring devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 14 authorizes the
				placement and use of water monitoring devices in freshwater wetlands,
				transition areas, and State open waters, provided the conditions at
N.J.A.C. 7:7A-5.7
and
				20.3 are met and:
1. The devices consist of
				one or more of the following:
i. Water level
				recording devices;
ii. Water
				quality monitoring and testing devices;
iii. Small weirs or flumes for recording
				water quantity or velocity;
iv. The
				drilling of monitoring wells; and
v. Similar small scientific
				devices.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.15 - General permit 15- Mosquito control activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 15 authorizes activities
				in freshwater wetlands, transition areas, and State open waters necessary for
				mosquito control water management activities conducted by a county mosquito
				control agency, or by a Federal agency on Federal land provided the conditions
				at
N.J.A.C. 7:7A-5.7
and
				20.3, as well as (b) through (g) below are met.
(b) The agency shall submit an individual,
				site-specific project proposal to the State Office of Mosquito Control
				Coordination. If the State Office of Mosquito Control Coordination determines
				that the project is necessary to control a documented mosquito problem
				affecting existing residents, the agency shall submit an application to the
				Department for authorization to act under general permit 15.
(c) In conducting activities under general
				permit 15, an agency shall:
1. Comply with
				"Best Management Practices for Mosquito Management," issued by the State
				Mosquito Control Commission, and available from the Department at PO Box 400,
				Trenton, N.J., 08625;
2. Use best
				management practices including, but not limited to, shallow swales no more than
				three feet wide, and low sills no more than three feet wide;
3. Minimize disturbance of vegetation;
				and
4. Use only light
				equipment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.16 - General permit 16- Creation, restoration, and enhancement of habitat and water quality functions and values

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 16 authorizes regulated activities in freshwater wetlands,
				transition areas, and State open waters necessary to implement a plan for the
				creation, restoration, or enhancement of habitat and water quality functions
				and values of wetlands. Activities authorized under this general permit
				include, but are not limited to:
1. Altering
				hydrology to restore, enhance, or create wetlands conditions, such as by
				blocking, removing, or disabling a human-made drainage ditch or other drainage
				structure such as a tile, culvert, or pipe;
2. Breaching a structure, such as a dike or
				berm in order to allow water into an area;
3. Placing habitat improvement structures
				such as:
i. Nesting islands;
ii. Fencing to contain, or to prevent
				intrusion by, livestock or other animals; and
iii. Aquatic habitat enhancement devices or
				habitat improvement structures, such as placed boulders, stream deflectors, or
				brush piles;
4.
				Regrading to provide proper elevation or topography for wetlands restoration,
				creation, or enhancement; and
5.
				Removing, planting, cutting, burning, or otherwise managing vegetation in order
				to increase habitat diversity or control invasive flora.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.17 - General permit 17-Trails and boardwalks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 17 authorizes activities
				in freshwater wetlands, transition areas, and/or State open waters necessary
				for construction of a trail and/or boardwalk for use by pedestrians, bicycles,
				and other non-motorized methods of transport, provided all applicable
				requirements at
N.J.A.C. 7:7A-5.7
and 20.3 are met. General permit 17 does not authorize construction
				of a restroom, gazebo, rain shelter, or any covered or enclosed structure.
				General permit 17 does not authorize construction of a roadway for use by
				automobiles, golf carts, motorcycles, motorized trail bikes, all-terrain
				vehicles, or other motor vehicles.
(b) The total area of freshwater wetlands,
				transition areas, and/or State open waters disturbed under general permit 17
				shall not exceed one-quarter acre, except that this limit shall not apply to a
				site that is publicly owned.
(c)
				The trail or boardwalk shall be no wider than six feet, unless the applicant
				demonstrates that it must be wider in order to comply with the Barrier Free
				Subcode of the Standard Uniform Construction Code, N.J.A.C. 5:23-7.
(d) The trail or boardwalk shall:
1. Be located and configured so as to
				minimize adverse environmental impact; and
2. Incorporate features designed to educate
				the user about the importance of freshwater wetlands, transition areas, and
				State open waters; for example, through signs identifying plants and animals or
				explaining hydrology, ecology, or other significant environmental features or
				phenomena.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.17A - General permit 17A-Non-Motorized, Multiple-use Paths

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 17A authorizes activities
				in freshwater wetlands, transition areas, and/or State open waters necessary
				for construction of a non-motorized, multiple use path for use by bicycles,
				skate boards, rollerblades, and other non-motorized methods of transport,
				provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met. General
				permit 17A does not authorize construction of a restroom, gazebo, rain shelter,
				or any covered or enclosed structure. General permit 17A does not authorize
				construction of a roadway for use by automobiles, golf carts, motorcycles,
				motorized trail bikes, all-terrain vehicles, or other motor vehicles.
(b) The total area of freshwater wetlands,
				transition areas, and/or State open waters disturbed under general permit 17A
				shall not exceed one-quarter acre.
(c) The non-motorized, multiple use path
				shall be designed in accordance with the American Association of State Highway
				and Transportation Officials (AASHTO) "Guide for the Development of Bicycle
				Facilities," published 1999, incorporated herein by reference, as amended and
				supplemented. It is available at
http://www.transportation.org
(d) The non-motorized, multiple use path
				shall be aligned to minimize impacts to wetlands, State open waters, and
				wetlands transition areas.
(e) The
				permittee shall take all measures necessary to ensure that activities under
				general permit 17A do not interfere with the natural hydrology of the area,
				such as installation at grade or use of cross drains to allow the passage of
				water. The permittee shall minimize the impact of the activities on
				vegetation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.18 - General permit 18-Dam repair

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 18 authorizes activities in freshwater wetlands, transition
				areas, and State open water as necessary for the repair, rehabilitation,
				replacement, maintenance, reconstruction, or removal of a dam, as defined in
				the Department's dam safety rules at
				7:20-1.2.
(b) A dam that is currently serviceable may
				be repaired, rehabilitated, replaced, maintained or reconstructed under general
				permit 18. A dam is considered currently serviceable if it meets any of the
				following criteria:
1. The dam is in use,
				that is, the dam is impounding water at a normal pool elevation for which it
				was designed, at the time of submittal of the general permit
				application;
2. The dam is not in
				use, and has been out of use for no more than five years prior to submittal of
				the general permit application; or
3. The dam is not in use, but has been out of
				use for up to 10 years prior to submittal of the general permit application,
				but the applicant documents that public funding was actively sought for repairs
				during the 10 years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.19 - General permit 19- Docks and piers

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				General permit 19 authorizes:
1. Activities
				in freshwater wetlands and/or transition areas necessary to construct or
				improve a dock or pier on pilings in order to obtain access to State open
				waters. General permit 19 does not cover docks or piers on pilings in State
				open waters because the placement of pilings to support a dock or pier in State
				open waters is not a regulated activity pursuant to
				7:7A-2.2(c)5  and
				therefore does not require approval under this chapter; and
2. Activities in freshwater wetlands,
				transition areas, and/or State open waters necessary for the construction of a
				public boat ramp. Private boat ramps are not covered by this general
				permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.21 - General permit 21- Above ground utility lines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 21 authorizes the
				following activities in freshwater wetlands, transition areas, and/or State
				open waters necessary for the construction of an above ground utility line:
1. Installation of poles, towers, or other
				supports from which to suspend a pipe, wire or cable;
2. Construction of a pad mounted
				transformer;
3. Placement of an
				above ground pipe, wire or cable;
4. Clearing of vegetation under and around
				utility lines, within the limits at (b) below; and
5. Minor, temporary disturbances, necessary
				for access during construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.22 - General permit 22- Expansion of cranberry growing operations in the Pinelands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				22 authorizes the expansion of certain cranberry growing operations in the
				Pinelands. To be eligible for authorization under the general permit, the
				cranberry growing operation must be a single, discrete legal entity that, prior
				to the date general permit 22 becomes operative under (u) below:
1. Is located in the Pinelands, as defined at
				7:50-2.11;
2. Is in active cranberry production;
				and
3. Was reported as a cranberry
				growing operation to the United States Department of Agriculture Cranberry
				Marketing Committee under the Federal Cranberry Marketing Order (7 CFR Part
				929).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.23 - General permit 23-Spring developments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 23 authorizes activities
				in farmed wetlands or in State open waters necessary for the construction of a
				spring development or other structure that diverts or collects water for the
				purpose of watering livestock. Activities authorized under general permit 23
				include the installation of a collecting trench, a cutoff wall, crushed rock,
				perforated tubing, and/or a spring box. General permit 23 does not authorize
				diversion or use of water for irrigation, or for any purpose other than
				watering livestock. The activities authorized under general permit 23
				constitute soil and water conservation practices that are exempt in transition
				areas under
N.J.A.C.
				7:7A-2.4(c)
1.
(b) Activities under
				general permit 23 shall disturb no more than one quarter acre of freshwater
				wetlands and/or State open waters. Activities under general permit 23 shall not
				drain, or remove from jurisdiction, any additional or adjacent wetlands other
				than the one-quarter acre directly impacted by the general permit
				activities.
(c) An activity is
				authorized under general permit 23 only if all applicable requirements at
N.J.A.C. 7:7A-5.7
and
				20.3 are met and:
1. The activity is
				necessary to implement a farm management plan developed by the Natural
				Resources Conservation Service and approved by the appropriate Soil
				Conservation District;
2. The
				activity will be conducted at an established, ongoing farming, ranching, or
				silviculture operation;
3. The
				activity is located in a farmed wetland that is eligible for a farmland
				assessment under the New Jersey Farmland Assessment Act,
N.J.S.A.
				54:4-23
.1 et seq.; and
4. Any portion of a spring development from
				which livestock will drink, such as a watering trough or tub, is located
				outside of wetlands and State open waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.24 - General permit 24-Malfunctioning individual subsurface sewage disposal (septic) systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 24 authorizes activities in freshwater wetlands and transition areas
				necessary for the repair or modification of a malfunctioning individual
				subsurface sewage disposal system. General permit 24 does not authorize
				activities in State open waters.
(b) For the purpose of general permit 24:
1. "Individual subsurface sewage disposal
				system" means a system for disposal of sanitary sewage into the ground which is
				designed and constructed to retain most of the settleable solids in a septic
				tank and to discharge the liquid effluent to a disposal field. This does not
				include outhouses, dry wells or similar facilities; and
2. "Malfunctioning" means that the use is
				impaired, and the system is not functioning to treat sewage as it was
				designed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.25 - General permit 25-Minor channel or stream cleaning for local government agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				permit 25 authorizes a county, municipality, or a designated agency thereof to
				conduct activities in freshwater wetlands and transition areas within their
				jurisdiction, necessary to desnag a channel or stream and/or remove accumulated
				sediment, debris, and garbage, which are obstructing flow in a channel or
				stream, provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and
20.3
are met and:
1. The project's sole purpose is
				to remove obstructions to flow, or to desnag a channel or stream;
2. The project is necessary and in the public
				interest;
3. The project consists
				solely of either:
i. The removal of
				accumulated silt, sediment, debris, and/or garbage from a channel or stream
				with a natural bed and does not alter the natural bed or banks of the channel;
				or
ii. The removal of any
				accumulated material from a channel or stream previously lined with concrete or
				similar artificial material;
4. The project is conducted from only one
				bank, where possible, and the existing tree canopy on the more southerly or
				westerly bank is preserved in order to shade the channel or stream;
5. The use of heavy equipment in the channel
				is avoided; and
6. If the project
				involves sediment removal from a channel with a natural bed, the following
				requirements are satisfied:
i. If the project
				is undertaken by a municipality, or a designated agency thereof, it is located
				wholly within that municipality;
ii. If the project is undertaken by a county,
				or designated agency thereof, the project is located wholly within one
				municipality or, if located within more than one municipality, the channel
				reach is less than 500 feet in length;
iii. The average width of the channel or
				stream bed does not exceed 30 feet;
iv. The stream is not classified as a
				Pinelands water or category one water under the Department's Surface Water
				Quality Standards at N.J.A.C. 7:9B; and
v. The stream is not located in an area that
				has a threatened or endangered species associated with its wetlands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.26 - General permit 26- Redevelopment of previously disturbed areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit
				26 authorizes the disturbance of certain degraded freshwater wetlands,
				transition areas, and/or State open waters necessary for redevelopment of an
				area previously significantly disturbed by industrial or commercial activities,
				provided all applicable requirements at
N.J.A.C.
				7:7A-5.7
and 20.3 are met and:
1. The activities are located in wetlands
				that were previously disturbed or were formed as a result of previous
				disturbance by commercial or industrial activities;
2. The area is abandoned or
				underutilized;
3. The area meets at
				least one of the following criteria:
i. It has
				been identified on the inventory of brownfield sites compiled by the
				Brownfields Redevelopment Task Force pursuant to N.J.S.A. 58:10B-23b;
ii. It is the subject of a redevelopment
				agreement entered into pursuant to
N.J.S.A.
				58:10B-27
;
iii. It has been identified as an
				environmental opportunity zone pursuant to
N.J.S.A. 54:4-3
.150
				et seq.; or
iv. It has been
				identified as an area of redevelopment by the municipality and formally
				designated as such by the New Jersey Department of Community Affairs in
				accordance with
N.J.S.A. 40A:12A-6
;
4. The
				freshwater wetlands, transition areas, and/or State open waters to be disturbed
				are significantly degraded by human disturbance or alteration and are of little
				ecological value. Examples of significantly degraded wetlands are those that
				have formed as a result of a landfill cap, ponding of contaminated ground or
				surface water, or as a result of demolition of structures on a previously
				developed site;
5. The activities
				disturb no more than one acre of a freshwater wetlands and/or State open water,
				which is a not a water of the United States;
6. The activities disturb no more than one
				acre of a transition area; and
7.
				The activities disturb no more than one-half acre of a freshwater wetland
				and/or State open water, which is a water of the United States.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 7 - GENERAL PERMITS › Section 7:7A-7.27 - General permit 27- application of herbicide within freshwater wetlands and transition areas to control invasive plant species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General permit 27 authorizes the
				application of herbicide within freshwater wetlands and transition areas to
				control invasive plant species, provided:
1.
				The area to which the herbicide is applied shall not exceed a total area of one
				acre on a site; and
2. The
				activities are conducted pursuant to an aquatic use permit issued by the
				Department's Bureau of Licensing and Pesticide Operations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7A - FRESHWATER WETLANDS PROTECTION ACT RULES › Subchapter 8 - TRANSITION AREA WAIVERS › Section 7:7A-8.1 - General provisions for transition area waivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				section sets forth the requirements for transition area waivers. The Department
				issues the following types of transition area waivers:
1. An averaging plan transition area waiver,
				addressed at
N.J.A.C. 7:7A-8.2
;
2. A special activity
				transition area waiver for stormwater management, linear development,
				redevelopment, or activities eligible for an individual permit, addressed at
N.J.A.C. 7:7A-8.3
;
3. A hardship transition
				area waiver, addressed at
N.J.A.C. 7:7A-8.4
;
4. A general permit
				transition area waiver. If a general permit authorizes disturbance of a
				transition area, an authorization issued under the general permit constitutes a
				transition area waiver for the activities covered by the general permit. This
				waiver is not addressed in this section, but in each general permit in N.J.A.C.
				7:7A-7 that covers transition area disturbances. All general permits except for
				general permits 1, 6, 7, and 23 authorize activities in transition areas;
				and
5. An access transition area
				waiver. Each general permit authorization, individual freshwater wetlands
				permit, and mitigation proposal shall include a limited transition area waiver
				to allow access to the authorized activity. 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 permit or mitigation
				proposal. However, an access transition area waiver will allow regulated
				activities only:
i. In that portion of the
				transition area bordering on that portion of the freshwater wetland in which
				the authorized activity is to take place; and
ii. For an activity that the Department
				determines is necessary to accomplish construction, and for future use, of the
				activity authorized in the wetlands under the general permit. An activity not
				directly required in order to obtain access to the permitted activity shall
				require a separate transition area waiver. If the activity authorized under the
				permit eliminates the wetland in its entirety, the transition area associated
				with that wetland may also be eliminated in its entirety without a separate
				transition area waiver. If the activity authorized under the permit partially
				eliminates the wetland, the access shall be limited to the transition area
				adjacent to the location of the approved wetland filling. Any additional
				impacts to the transition area shall require a separate transition area
				waiver.