New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 13 - FLOOD HAZARD AREA CONTROL ACT RULES › Subchapter 7 - PERMITS-BY-RULE › Section 7:13-7.29 - Permit-by-rule 29-placement of one to three wind turbines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permit-by-rule 29 authorizes the
				placement of one to three wind turbines, provided the conditions at
				N.J.A.C.
				7:13-6.7are met and:
1. Each wind turbine is less than 200 feet
				tall, measured from the ground surface to the tip of the blade at its highest
				position;
2. The rotor swept area
				of each wind turbine does not exceed a cumulative area of 2,000 square feet.
				Rotor swept area means the area of the circle delineated by the tips of the
				blades of the wind turbine for a horizontal axis wind turbine, and the area
				determined by multiplying the rotor radius times the rotor height times 3.14
				for a vertical axis wind turbine;
3. No wind turbine tower or site disturbance
				is located in a floodway;
4. No
				portion of any wind turbine, including blades, tower, and site disturbance, is
				located within an area mapped as threatened or endangered species habitat on
				the Department's Landscape Maps of Habitat for Endangered, Threatened and Other
				Priority Wildlife (Landscape Maps) except as provided at (a)4i and ii below.
				Landscape Maps are available from the Department's Division of Fish and
				Wildlife, Endangered and Nongame Species Program at
http://www.nj.gov/dep/fgw/ensp/landscape/index.htm
:
i. The wind turbine is located within 120
				feet of an existing building on an actively maintained lawn or area of land
				that has been manipulated by contouring of the soil and/or by intentional
				planting of flowers, grasses, shrubs, trees, or other ornamental vegetation,
				which is maintained in such a condition by regular and frequent (at least one
				time per year) cutting, mowing, pruning, planting, weeding, or mulching;
				or
ii. The wind turbine is located
				on a lawfully existing building or on lawfully existing impervious
				surface;
5. Where the
				wind turbine is more than 120 feet tall, measured from the ground surface to
				the tip of the blade at its highest position, the tower is a freestanding
				monopole;
6. No lighting is placed
				on or directed at the wind turbine except for lighting required by the Federal
				Aviation Administration. Shielded ground level security lighting may be used.
				Lighting is shielded when it is covered in a way that light rays are not
				emitted above the horizontal plane of the light;
7. Development under this permit-by-rule does
				not result in construction of more than three wind turbines on a site, either
				solely or in conjunction with a previous wind turbine development;
8. No disturbance is located within 25 feet
				of any top of bank, unless the project lies adjacent to a lawfully existing
				bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial
				water;
9. Any clearing, cutting,
				and/or removal of riparian zone vegetation is limited to actively disturbed
				areas; and
10. With the exception
				of guy wires on turbines 120 feet tall or less, all wires or cables that
				connect the wind turbine to an existing transmission line, are located
				underground.