reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 5 - DESIGNATION OF TRAILS TO THE STATE TRAILS SYSTEM › Section 7:5D-5.2 - Procedure and criteria for designation to the State Trails System

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any Federal or
				State agency, local unit, private organization or person may submit to the
				Department a request for designation of a trail to the State Trails System in
				accordance with the criteria for eligibility set forth at (d)1 through 7 below.
				The trail designation request shall also include documentation prepared to
				support eligibility for designation in accordance with (e) below. The trail
				designation request shall be submitted to the Department at the following
				address: State Trails System, Green Acres Program, Department of Environmental
				Protection, Mailcode 501-01, PO Box 420, Trenton, New Jersey
				08625-0420.
(b) The Division, with
				the advice of the Council, shall evaluate the request for designation and the
				eligibility of each trail according to the criteria at
				7:5D-5.1 and this section. If the
				Division determines that the trail meets the qualifications for designation and
				the criteria for eligibility, the Division shall prepare a recommendation for
				the Commissioner's review evaluating the proposed trail's suitability for
				designation and recommending that the Commissioner approve or disapprove the
				proposed trail designation.
(c) The
				Commissioner shall review all trail designation recommendations submitted by
				the Division and shall take one of the following actions on each proposal:
1. Propose the trail designation and
				designated uses of the trail as an amendment to N.J.A.C. 7:7D-8.1;
2. Request that the Division reconsider its
				recommendations and resubmit the proposal to the Commissioner's review;
				or
3. Reject the proposed trail
				designation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 5 - DESIGNATION OF TRAILS TO THE STATE TRAILS SYSTEM › Section 7:5D-5.4 - Repeal of trail designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If at any time
				after the designation of a trail to the System the Department determines that
				the trail is not meeting its designated uses and/or management objectives and
				that mitigation measures are not available to bring the trail into conformance
				with its designated uses and/or management objectives, the Department may
				propose to repeal the designation of the trail to the System.
(b) The procedure for repealing the
				designation of a trail to the System is as follows:
1. If the Division makes a preliminary
				determination that the designation of a trail to the System should be repealed,
				it shall conduct a site evaluation of the trail to determine the extent of the
				trail deterioration, change of use, or unsuitability;
2. Upon completion of the site evaluation,
				the Division shall submit the site evaluation to the administering agency for a
				determination of whether mitigation measures are available to bring the trail
				into conformance with its designated uses and/or management
				objectives;
3. The Division, with
				the advice of the Council, shall review the administering agency's
				determination under (b)2 above, and if appropriate, shall recommend repeal of
				the trail designation to the Commissioner;
4. The Commissioner shall review all trail
				designation repeal recommendations submitted by the Division and shall take one
				of the following actions on each proposal:
i.
				Propose the trail repeal as an amendment to
				7:5D-8.1;
ii. Request that the Division reconsider its
				recommendation and resubmit the proposal for the Commissioner's review, if
				appropriate; or
iii. Reject the
				proposed repeal of the trail designation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 6 - TRAILS MANAGEMENT › Section 7:5D-6.1 - Trails management

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided under (g) below and under
				7:5D-7.1(g), all
				uses of a trail right-of-way that are inconsistent with the uses specified by
				the Department upon designation of the trail to the System are prohibited
				without prior approval by the Department.
(b) Upon designation of a trail to the
				System, the administering agency, in coordination with the Department and with
				the advice of the Council, shall prepare a management plan for the trail
				right-of-way.
(c) Management
				objectives to be addressed through preparation of a trail management plan
				include:
1. Management of scenic trails
				primarily to protect and enhance their natural and scenic qualities;
2. Protection of the natural vegetation of
				trail rights-of-way. Clearing of vegetation shall be permitted for public
				safety, trail construction, creation of occasional vistas, construction or
				maintenance of trail use facilities or other natural resource management that
				does not adversely affect the trail right-of-way or its designated uses and/or
				management objectives;
3.
				Development of multiple compatible trail uses which allow convenient exits and
				entrances. Special consideration shall be given to identifying trail segments
				and access points appropriate for the needs of disabled trail users and
				conducting planning to meet any applicable guidelines and/or requirements under
				the ADA;
4. Full consideration of
				and coordination with adjacent landowners and their operations in order to
				minimize potential adverse effects on these owners from trail use;
5. Identification of pre-existing trail uses
				that are inconsistent with the nature of the trail and its designated uses
				and/or management objectives, and evaluation of techniques to mitigate their
				impact;
6. Description of erosion
				control measures, if necessary, taking into account the designated uses of the
				trail and preservation of the natural environment; and
7. Identification of parking or other
				ancillary facilities necessary to support the classification and uses of the
				trail.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 7 - DEPARTMENT-FUNDED CONSTRUCTION PROJECTS AFFECTING DESIGNATED TRAILS › Section 7:5D-7.1 - Review of Department-funded construction projects affecting designated trails

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall assess all proposed construction projects partially or wholly funded by
				the Department that temporarily or permanently cross, directly border upon, or
				interrupt use of a designated trail right-of-way or its facilities to determine
				the project's potential impact on the trail, trail users, associated facilities
				and adjacent property owners.
(b)
				It is the Department's policy to incorporate, through a memorandum of
				understanding if appropriate, an informal analysis of the impact of a proposed
				project on designated trails into its review of non-Department-funded
				construction projects under its other regulatory programs. The Department may
				require permittees to take measures to mitigate the impact of proposed projects
				on designated trails if such measures are consistent with the statutory and
				regulatory authority governing the permit program.
(c) The Department's review under (a) or (b)
				above shall assess the following:
1. The
				location and nature of the proposed project, including the length of time the
				project is expected to be under construction;
2. The potential impacts of the proposed
				project on the trail, including, but not limited to, soil erosion, sediment
				deposition, degradation of water quality, flooding, safety and health hazards,
				destruction or degradation of natural, historic or cultural resources, or
				disruption of scenic values; and
3.
				Proposed or potential methods for mitigating or remediating the proposed
				project's impacts on the trail.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 8 - STATE TRAILS SYSTEM › Section 7:5D-8.1 - State Trails System

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				trails are designated as components of the State Trails System:
1. Appalachian Trail:
i. Location: Extending approximately 70 miles
				from the Delaware Water Gap to the New York New Jersey border in Abram S.
				Hewitt State Forest.
ii.
				Administering Agency: Department of Environmental Protection, Division of Parks
				and Forestry; United States Department of Interior, National Park Service, for
				the part in Delaware Water Gap National Recreation Area.
iii. Permitted Trail Uses: Hiking; sections
				suitable for cross-country skiing and snowshoeing when snow covered.
iv. Trail Class: Scenic
v. Significance: The Appalachian Trail is a
				National Scenic Trail, following the ridges and valleys of the Appalachian
				Mountain System from Maine to Georgia. The New Jersey section passes through a
				variety of upland and lowland landscapes in Warren, Sussex and Passaic
				counties. Numerous side trails connect with the Appalachian Trail.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 5D - STATE TRAILS SYSTEM › Subchapter 8 - STATE TRAILS SYSTEM › Section 7:5D-8.2 - Public Information

Current through Register Vol. 56, No. 14, July 15, 2024
Interested persons may obtain information on the State
				  Trails System by contacting:
Green Acres Program
Department of Environmental Protection
Mailcode 501-01
PO Box 420
Trenton, New Jersey 08625-0420
(609) 984-0500
trails@dep.state.nj.us
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes the rules of the
				Department regarding the use and development of coastal resources. The rules
				are used in reviewing applications for coastal permits under the Coastal Area
				Facility Review Act,
				13:19-1 et seq. (CAFRA permits),
				the Wetlands Act of 1970,
				13:9A-1 et seq. (coastal wetlands
				permits), and the Waterfront Development Law,
				12:5-3 (waterfront development
				permits). The rules are also used in the review of water quality certificates
				subject to Section 401 of the Federal Clean Water Act,
				33
				U.S.C. §
										1341, and Federal consistency
				determinations under Section 307 of the Federal Coastal Zone Management Act,
				16 U.S.C. §
										1456. The rules also provide a basis for
				recommendations by the Program to the Tidelands Resource Council on
				applications for riparian grants, leases, and licenses.
(b) The Department interprets the "public
				health, safety, and welfare" clause in CAFRA (13:19-10.f) and the Wetlands Act
				of 1970 (13:9A-4.d) as providing for full
				consideration of the national interest in the wise use of coastal resources as
				required under the Federal Coastal Zone Management Act (
				16 U.S.C. §§
										1451 et seq.).
(c) Both the New Jersey Coastal Management
				Program and the Coastal Zone Management Rules are founded on the eight broad
				coastal goals described at (c)1 through 8 below. The coastal goals express
				results that the New Jersey Coastal Management Program strives to attain. Each
				goal is supplemented by related policies that set forth the means to realize
				that goal. The Coastal Zone Management Rules, including the coastal goals and
				policies set forth below, are enforceable policies of the New Jersey Coastal
				Management Program as approved under the Federal Coastal Zone Management Act (
				16 U.S.C. §§
										1451 et seq.). The New Jersey Coastal
				Management Program goals and supplemental policies are:
1. Healthy coastal ecosystems.
i. Protect, enhance and restore coastal
				habitats and their living resources to promote biodiversity, water quality,
				aesthetics, recreation and healthy coastal ecosystems; and
ii. Manage coastal activities to protect
				natural resources and the environment;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall apply to actions and
				decisions by the Department, as described at (d) through (h) below, on uses and
				development of coastal resources within or affecting the coastal zone, which is
				described at (b) below.
(b) This
				chapter shall apply geographically to the New Jersey coastal zone, which
				comprises:
1. The CAFRA area;
2. Coastal waters, which are any tidal waters
				of the State and all lands lying thereunder. Coastal waters of the State of New
				Jersey extend from the mean high water line out to the three-geographical-mile
				limit of the New Jersey territorial sea, and elsewhere to the interstate
				boundaries of the States of New York, and Delaware and the Commonwealth of
				Pennsylvania, except as provided at (c) below;
3. All lands outside of the CAFRA area
				extending from the mean high water line of a tidal water body to the first
				paved public road, railroad, or surveyable property line existing on September
				26, 1980, generally parallel to the waterway, provided that the landward
				boundary of the upland area shall be no less than 100 feet and no more than 500
				feet from the mean high water line;
4. All areas containing tidal wetlands;
				and
5. The Hackensack Meadowlands
				District as defined by
				13:17-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.3 - Review, revision, and expiration

Current through Register Vol. 56, No. 14, July 15, 2024
As provided by the Federal Coastal Zone Management Act, the
				  Department shall periodically review the rules and revise, amend, or readopt
				  the rules in accordance with the Administrative Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.4 - Standards for evaluating permit applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				applications for coastal permits shall be approved, conditionally approved, or
				denied pursuant to this chapter.
(b) The Department shall issue a permit
				pursuant to CAFRA only upon a finding as required by
N.J.S.A.
				13:19-10
that the development:
1. Conforms with all applicable air, water
				and radiation emission and effluent standards and all applicable water quality
				criteria and air quality standards;
2. Prevents air emissions and water effluents
				in excess of the existing dilution, assimilative and recovery capacities of the
				air and water environments at the site and within the surrounding
				region;
3. Provides for the
				collection and disposal of litter, recyclable and solid waste in such a manner
				as to minimize adverse environmental effects and the threat to the public
				health, safety and welfare;
4.
				Would result in minimal feasible impairment of the regenerative capacity of
				water aquifers or other ground or surface water supplies;
5. Would cause minimal feasible interference
				with the natural functioning of plant, animal, fish and human life processes at
				the site and within the surrounding region;
6. Is located or constructed so as to neither
				endanger human life or property nor otherwise impair the public health, safety
				and welfare;
7. Would result in
				minimal practicable degradation of unique or irreplaceable land types,
				historical or archaeological areas and existing public scenic attributes at the
				site and within the surrounding region; and
8. Provides, pursuant to standards
				established in this chapter, on-site public access to the waterfront and
				adjacent shoreline, or offsite public access to the waterfront and adjacent
				shoreline if onsite public access is not feasible as determined by the
				Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.6 - Forms, checklists, 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
https://www.nj.gov/dep/landuse
.
				Further information about the Department can be accessed at
https://www.nj.gov/dep
.
(b) Applications and other correspondence
				shall be submitted to the following addresses:
1. For submittal of an application for
				authorization under a general permit or general permit-by-certification, for an
				individual permit, or a water quality certificate, the Department's website at
http://www.nj.gov/dep/online
;
				and
2. For correspondence or the
				submittal of an application for an exemption, applicability determination,
				request for the reconsideration of the application of a rule(s) in this
				chapter, 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, P.O. 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, NJ 08609.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.7 - 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:7-1.8 - 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7-2.1 - 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 coastal
				permit. Initiation of a regulated activity without a coastal 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. 7:7-29.
(b) A person
				undertaking any regulated activity under this chapter shall do so only in
				accordance with:
1. A permit-by-rule,
				pursuant to N.J.A.C. 7:7-3 and 4;
2. An authorization under a general
				permit-by-certification, pursuant to N.J.A.C. 7:7-3 and 5;
3. An authorization under a general permit,
				pursuant to N.J.A.C. 7:7-3 and 6;
4. An individual permit, pursuant to N.J.A.C.
				7:7-8; or
5. An emergency
				authorization, pursuant to N.J.A.C. 7:7-21.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7-2.3 - Coastal wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Coastal wetlands permits are required for
				all activities in coastal wetlands delineated and mapped pursuant to the
				Wetlands Act of 1970 including, but not limited to:
1. The cultivation and harvesting of
				naturally occurring agricultural or horticultural products. This provision
				shall not apply to the continued production of commercial salt hay or other
				agricultural crops on lands utilized for these purposes on or before April 13,
				1972;
2. The excavation of an
				individual mooring slip;
3. The
				maintenance or repair of bridges, roads, highways, railroad beds or the
				facilities of any utility or municipality. This provision shall not apply to
				emergency repairs necessitated by a natural disaster or a sudden and unexpected
				mechanical, electrical or structural failure. Written notification of such
				repairs shall be provided to the Program within seven days after their
				initiation;
4. The construction of
				catwalks, piers, docks, landings, footbridges and observation decks;
5. The installation of utilities;
6. Excavation of boat channels and mooring
				basins;
7. The construction of
				impoundments;
8. The construction
				of sea walls;
9. The diversion or
				appropriative use of water;
10. The
				use of pesticides, except those applied to the skin or clothing for personal
				use;
11. Driving or causing to pass
				over or upon wetlands, any mechanical conveyance which may alter or impair the
				natural contour of the wetlands or the natural vegetation; and
12. Filling, excavation or the construction
				of any structure.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7-2.4 - Waterfront development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				waterfront area regulated under this chapter varies in width in accordance with
				the following:
1. Within any part of the
				Hackensack Meadowlands District delineated at
				13:17-4, the area regulated by
				this section shall include any tidal waterway of this State and all lands lying
				thereunder, up to and including the mean high water line.
2. Within the CAFRA area, the regulated
				waterfront area shall include any tidal waterway of this State and all lands
				lying thereunder, up to and including the mean high water line.
3. In those areas of the State outside both
				the CAFRA area and outside of the Hackensack Meadowlands District, the
				regulated waterfront area shall include:
i.
				All tidal waterways and lands lying thereunder, up to and including the mean
				high water line; and
ii. Adjacent
				upland areas within 100 feet of the mean high water line. For properties within
				100 feet of the mean high water line that extend inland beyond 100 feet from
				the mean high water line, the regulated waterfront area shall extend inland to
				the lesser of the following distances:
(1)
				500 feet from the mean high water line; or
(2) To the first paved public road, railroad,
				or surveyable property line that:
(A) Existed
				on September 26, 1980; and
(B)
				Generally parallels the waterway.
4. In the 12-mile circle as described at
				7:7-1.2(c), the
				regulated waterfront area shall include the area within the circle and
				extending outshore of the low-water mark of the Delaware River consistent with
				the decree of the United States Supreme Court in
State of New Jersey v.
				State of Delaware
, 552
U.S.
597, 623-24 (2008). The
				area landward of the boundary of the 12-mile circle is regulated waterfront
				area as set forth at (a)2 and 3 above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 2 - APPLICABILITY AND ACTIVITIES FOR WHICH A PERMIT IS REQUIRED › Section 7:7-2.5 - Obtaining an applicability determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may request a written
				applicability determination from the Department to determine the applicability
				of CAFRA, the Wetlands Act of 1970 (
				13:9A-1 et seq.), and/or the
				Waterfront Development Law (
				12:5-3 et seq.) to a proposed
				project. An applicability determination is optional, but the Department
				encourages persons to request one if there is uncertainty about whether a
				particular activity is regulated, since conducting unauthorized activities may
				result in enforcement action.
(b) A
				person requesting an applicability determination shall submit to the
				Department, at the address set forth at
				N.J.A.C.
				7:7-1.6, the following:
1. A completed application form described at
				N.J.A.C.
				7:7-27.3(c)1  and available
				from the Department at the address set forth at
				N.J.A.C.
				7:7-1.6, including a written description of
				the site and the proposed development including the dimensions, number, and
				uses of any proposed structures; the length of any proposed linear development;
				and the number of any parking spaces proposed;
2. A copy of the site plan or survey for the
				proposed project; and
3. A copy of
				a USGS quad map or local street map with the project site clearly
				indicated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.1 - 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, permits-by-rule, 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.2 - Standards for issuance, by rulemaking, of permits-by-rule, 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,
				52:14B-1 et seq., promulgate each
				permit-by-rule, general permit-by-certification, or general permit after
				publication of a notice of rule proposal in the New Jersey Register and
				consideration of public comment.
(b) The Department will promulgate a
				permit-by-rule, general permit-by-certification, or general permit only if all
				of the following conditions are met:
1. The
				Department determines that the regulated development will cause only minimal
				adverse environmental impacts when performed separately, will have only minimal
				cumulative adverse impacts on the environment, and is in keeping with the
				legislative intent to protect and preserve the coastal area from inappropriate
				development;
2. The Department
				determines that the development will be in conformance with the purposes of
				applicable statutes; and
3. The
				Department has provided public notice and an opportunity for public comment
				with respect to the proposed permit-by-rule, 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.3 - Use of a permit-by-rule, or 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 permit-by-rule may be conducted
				without prior Department approval, except that activities under the
				permits-by-rule at
				7:7-4.4, 4.5, and 4.9 may be
				conducted only after the Department has issued the waterfront development
				permit that is a necessary condition of those permits-by-rule.
(b) 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. 7:7-5.
(c) 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.
				7:7-26.
(d) A permit-by-rule or an
				authorization under a general permit-by-certification or general permit does
				not relieve the person conducting the authorized regulated activities from the
				obligation to obtain any other applicable permits or approvals required by
				law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.4 - Use of more than one permit on a single site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person may
				undertake a regulated activity more than once on a single site. The activity
				may be authorized each time under a single permit-by-rule, general
				permit-by-certification, or general permit, provided the individual limits and
				conditions of the permit are not exceeded.
(b) A person may undertake more than one
				regulated activity on a single site. The activities may be authorized under one
				or more permit-by-rule, general permit-by-certification and/or general permit,
				provided the individual limits and conditions of each permit are not
				exceeded.
(c) Once the limits and
				conditions of a permit-by-rule, general permit-by-certification, and/or general
				permit have been reached on a single site:
1.
				No further activities under that permit can be authorized on that site,
				regardless of how much time passes, or whether the site is subsequently
				subdivided or transferred to a new owner; and
2. A person seeking to undertake the
				regulated activity on that site must obtain an individual permit under this
				chapter authorizing the regulated activity.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.5 - 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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.6 - Duration of an authorization under a general permit for which an application was declared complete for review prior to July 6, 2015

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the duration of
				an authorization under a general permit for which the application was declared
				complete for review prior to July 6, 2015. The duration of an authorization
				under a general permit for which an application is declared complete for review
				on or after July 6, 2015 is set forth in
				7:7-3.7.
(b) An authorization governed by this section
				is valid for five years from the date of issuance of the
				authorization.
(c) The five-year
				term of an authorization governed by this section shall not be
				extended.
(d) Except where
				construction has commenced under (e) below, all regulated activities being
				conducted pursuant to an authorization governed by this section shall
				immediately cease if the authorization expires.
(e) If construction pursuant to an
				authorization governed by this section was commenced prior to the expiration of
				the authorization, construction can continue to completion provided there are
				no cumulative lapses in construction activity of greater than one year.
1. For the purposes of this subsection,
				"construction" means having completed the foundations for buildings or
				structures, the subsurface improvements for roadways, or the necessary
				excavation and installation of bedding materials for utility lines. To
				determine if construction of a development or part of a development has begun,
				the Department shall evaluate such proofs as may be provided by the applicant
				including, but not limited to, the following: documentation that the local
				construction official has completed the inspection at
				5:23-2.18(b)1 
				i(2) or (b)1i(3) for foundations of structures; reports from the municipal
				engineer documenting inspections of road bed construction; or billing receipts
				documenting the completion of the above construction activities. "Construction"
				does not include clearing vegetation, bringing construction materials to the
				site, or site grading or other earth work associated with preparing a site for
				construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.7 - Duration of an authorization under a general permit for which an application is deemed complete for review on or after July 6, 2015

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the duration of
				an authorization under a general permit for which the application is declared
				complete for review on or after July 6, 2015. The duration of an authorization
				under a general permit for which an application was declared complete for
				review prior to July 6, 2015 is set forth in
				7:7-3.6.
(b) Except as provided in (c) below, an
				authorization governed by this section is valid for five years from the date of
				issuance of the authorization.
(c)
				The five-year term of an authorization governed by this section may be extended
				one time for five years pursuant to
				7:7-27.3.
(d) All regulated activities being conducted
				pursuant to an authorization governed by this section shall immediately cease
				if the authorization expires, including any extension thereof under
				7:7-27.3.
(e) If an authorization governed by this
				section 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.
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 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 3 - GENERAL PROVISIONS FOR PERMITS-BY-RULE, GENERAL PERMITS-BY-CERTIFICATION, AND GENERAL PERMITS › Section 7:7-3.8 - Conditions applicable to a permit-by-rule, or 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 a permit-by-rule, or pursuant to an authorization under a general
				permit-by-certification or general permit, shall comply with:
1. The conditions set forth in the
				permit-by-rule, general permit-by-certification, or general permit itself;
				and
2. The conditions that apply to
				all permits at
				7:7-27.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.1 - Permit-by-rule 1 - expansion of a single-family home or duplex

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the expansion of a legally constructed, habitable
				single-family home or duplex on the non-waterward sides of the single-family
				home or duplex, provided the expansion:
1. Is
				not proposed on a beach, dune, or wetland;
2. Meets the requirements of
				7:7-9.25; and
3. Does not exceed a cumulative surface area
				of 400 square feet on the property constructed after July 19, 1994. For
				example, a 200 square foot expansion of a single family home or duplex could be
				authorized under this permit-by-rule and an additional 200 square foot
				expansion could later be authorized under this permit-by-rule, since the
				cumulative footprint of the development for both expansions would not exceed
				400 square feet on the property. However, a property on which a 300-square-foot
				expansion was already constructed pursuant to a permit-by-rule would not be
				eligible for another permit-by-rule subsequently for an additional
				200-square-foot expansion since the cumulative total footprint of development
				for both expansions would exceed 400 square feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.2 - Permit-by-rule 2 - development of a single-family home or duplex and/or accessory development on a bulkheaded lagoon lot

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the development (including expansion or
				reconstruction and expansion) of a single-family home or duplex and/or
				accessory development (such as garages, sheds, pools driveways, grading,
				excavation, and clearing excluding shore protection structures) provided the
				single family home or duplex and accessory development are located on a
				bulkheaded lagoon lot and provided the proposed single-family home or duplex
				and/or accessory structures comply with all of the following:
1. Development under this permit-by-rule
				shall not result in development of more than one single-family home or duplex
				either solely or in conjunction with a previous development as defined at
				7:7-2.2(b)8;
2. The site is located on a man-made lagoon
				lot, with an existing bulkhead along the entire waterfront portion of the
				site;
3. All waterfront portions of
				the site are protected by a currently serviceable bulkhead;
4. There are no wetlands on the site landward
				of the bulkhead;
5. The proposed
				single family home or duplex and accessory structures, excluding decks, are set
				back a minimum of 15 feet from the waterward face of the bulkhead. If there is
				no alternative to locating the proposed single family home or duplex and
				accessory structures at least 15 feet landward of the bulkhead, the setback
				shall be reduced if an engineering certification is provided demonstrating
				that, after the proposed development has been constructed, the shore protection
				structure can be replaced within 18 inches of the existing bulkhead and a
				conservation restriction is recorded for the property which states that any
				reconstruction of a bulkhead shall be within 18 inches of the existing
				bulkhead;
6. A silt fence is
				erected landward of the bulkhead with a 10-foot landward return on each end
				prior to construction. This fence shall be maintained and remain in place until
				all construction and landscaping activities are completed;
7. If the development includes the
				construction of a driveway, any newly constructed portion of the driveway shall
				be covered with a permeable material or else be pitched to drain all runoff
				onto permeable areas of the site;
8. The development shall meet the
				requirements of
				7:7-9.25;
9. The single family home or duplex shall be
				serviced by an existing municipal sewer system; and
10. All sub-gravel liners must be made of
				filter cloth or other permeable material.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.3 - Permit-by-rule 3 - placement of public safety or beach/dune ordinance signs on beaches or dunes and placement of signs on beaches or dunes at public parks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This permit-by-rule authorizes the
				placement of:
1. Public safety or beach/dune
				ordinance signs on beaches and dunes, provided no footings are required;
				and
2. Signs on beaches or dunes at
				public parks by governmental entities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.4 - Permit-by-rule 4 - construction of nonresidential docks, piers, boat ramps, and decks located landward of mean high water line

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the construction of nonresidential docks, piers, and
				boat ramps located landward of the mean high water line, provided that a
				waterfront development permit has been obtained for the construction waterward
				of the mean high water line.
(b)
				The structure shall meet the following requirements:
1. The width of the structure landward of the
				mean high water line shall not exceed the width of the structure waterward of
				the mean high water line; and
2.
				For docks and piers, the width of the structure over wetlands shall not exceed
				six feet and the height of the structure shall be a minimum of four
				feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.5 - Permit-by-rule 5 - construction of portion of a recreational dock or pier located landward of mean high water line

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				permit-by-rule authorizes the construction of the portion of a recreational
				dock or pier located landward of the mean high water line at a residential
				development, provided that a waterfront development permit has been obtained
				for the construction waterward of the mean high water line.
(b) The structure shall meet the following
				requirements:
1. The width of the structure
				landward of the mean high water line shall not exceed the width of the
				structure waterward of the mean high water line; and
2. Over wetlands, the width of the structure
				shall not exceed six feet and the height of the structure shall be a minimum of
				four feet.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 7 - COASTAL PERMIT PROGRAM RULES › Subchapter 4 - PERMITS-BY-RULE › Section 7:7-4.6 - Permit-by-rule 6 - reconstruction of a residential or commercial development within the same footprint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Other than
				reconstruction within the CAFRA area that meets the exemption from a CAFRA
				permit at 7:7-2.2(c)3, this
				permit-by-rule authorizes the reconstruction, within the same footprint, of a
				legally constructed residential or commercial development that has been or
				could have been legally occupied in the most recent five-year period, provided
				that such reconstruction:
1. Is in compliance
				with existing requirements or codes of municipal, State, and Federal
				law;
2. Does not result in the
				enlargement or relocation of the footprint of the development;
3. In the case of a residential development,
				does not result in an increase in the number of dwelling units;
4. In the case of a commercial development,
				does not result in an increase in the number of parking spaces or equivalent
				paved area associated with the development;
5. Meets the requirements of
				7:7-9.25; and
6. Does not increase the area covered by
				buildings and/or asphalt or concrete pavement.