Telecommunication Towers can be found in locations throughout the State. They provide vital communication links for the now ubiquitous Cell Phone, as well as for traditional Radio and Television transmission.
Activities which may disturb special areas of the State that are regulated by the Department, including Telecommunication Towers, may require an approval from the Division prior to construction. An area containing sensitive and endangered plant species for example, may be irreparably damaged by such activities. It is important therefore to closely examine a proposed project relative to the sensitive areas which may be impacted.
Telecommunication Towers may require multiple approvals from the Division, depending on the special areas impacted by the project. If you don't know what special areas are on your site, please check out the before you buy, before you build section of this website for guidance on determining if your site has one of these regulated special areas on it.
For information on Land Use permit requirements for Telecommunication Towers within specific "special areas", please click on each of the tabs above.*
*For impacts to Streams, Rivers, Lakes, Ponds, Flood Plains, Flood Way, Riparian Zones and other water body related areas, please click on the "Flood Hazard" tab. For impacts to special coastal areas, please click on the "Coastal" tab. For impacts to Freshwater Wetlands, click on the "Freshwater Wetlands" tab. Information on Tidelands can be found in the "Tidelands" tab.
Constructing a telecommunications tower within freshwater wetlands, transition areas, and/or State open waters requires a Freshwater Wetlands (FWW) permit.
A FWW General Permit 21 -- Above ground utility lines is available for this activity. To be eligible for a GP21, the temporary disturbance during construction shall be no more than 60 feet wide, and the permanent disturbance shall be no more than a 1/2 acre and no wider than 20 feet.
If the tower will be located in transition areas only, the project may be eligible for a (Transition Area Special Activity Waiver (SAW) for Linear Development) [link to N.J.A.C. 7:7A-6.3]. In order to qualify, the applicant would first have to verify that the project qualifies as a (linear development) [link to definition of linear development]. The applicant would then have to demonstrate that there is no other feasible location for the tower that would minimize impacts to the transition area.
If the project cannot comply with the criteria listed above, the applicant would need to apply for an (Individual Permit (IP)) [link to N.J.A.C. 7:7A-7.1]. An IP application would need to include a description as to why the project cannot be minimized to satisfy the criteria described in the links above.
The construction of a telecommunications tower in a regulated area requires authorization of some type under the Flood Hazard Area Control Act rules. This depends upon whether or not the project area is regulated under the Coastal Zone Management (CZM) rules. Specifically, if regulated under CZM, then no separate flood hazard approval is required. In this case, the applicant need only submit a report and plans demonstrating compliance with the Flood Hazard Area Control Act rules as part of the CZM permit application.
Assuming there is no jurisdiction under CZM, authorization may be granted under Permits by Rule (PBRs) N.J.A.C. 7:13-7.2(a)2, N.J.A.C. 7:13-7.2(b)6, N.J.A.C. 7:13-7.2(c)2. Please refer to the rules to see the all of the applicable conditions where each PBR would apply. Some special notes about these PBRs are listed as follows.
N.J.A.C. 7:13-7.2(a)2 – If the project area is located in a flood hazard area, then all construction must be situated at or below grade. In addition, with this PBR, the Department’s Division of Coastal and Land Use Compliance and Enforcement must be notified of construction at least 2 weeks prior to the start of any construction.
N.J.A.C. 7:13-7.2(b)6 – In order to qualify for this PBR, please note that the controlling flood hazard area must be tidal, as opposed to fluvial. Unlike the previously listed PBR, the Department need not be provided with notice prior to construction.
N.J.A.C. 7:13-7.2(c)2 – Please note that this PBR is reserved for utility towers. It does not cover utility lines. As is the case with PBR N.J.A.C. 7:13-7.2(b)6, the Department need not be provided with notice prior to construction.
Currently, there are no flood hazard area general permits available for permitting the construction of telecommunications towers. Therefore, should the proposed project not qualify for any of the aforementioned PBRs, then a flood hazard area individual permit and verification would be required prior to the start of construction. The technical standards are described in Subchapters 9, 10, and 11 of the rules.
The construction of telecommunication towers in the coastal zone within CAFRA, Waterfront Development or Coastal Wetlands generally requires a permit. There are no exemptions or permits-by-rule for construction of the towers. There is one general permit specific to telecommunication towers.
See the “Jurisdiction” section of the "Coastal Permitting" webpage to determine which areas regulated under the Coastal Permit Program rules N.J.A.C. 7:7-1.1 et seq. and the Coastal Zone Management rules N.J.A.C. 7:7E-1.1 et seq occur on your site. Which permits are available for a project depends on where your project is sited.
Coastal General Permit 25 is for construction of telecommunication towers such as cellular telephone and radio towers, including access roads and associated support buildings located upland of the mean high water line. For further information regarding the requirements of this general permit please refer to N.J.A.C. 7:7-7.25.
If the project does not meet the limitations or otherwise does not comply with an exemption, permit-by-rule or general permit it generally will require a Waterfront Development, CAFRA, and /or Coastal Wetland Individual Permit. Additional information regarding the coastal program can be found on the Coastal Areas section of this website. Please contact us for further assistance.
Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway; that is to say any land that is currently or was previously covered by tidal waters. The State of New Jersey, and therefore the people of New Jersey, owns all Tidelands except for those to which it has already sold its interest in the form of a riparian grant. It is important to note that the State generally does not own artificial waterways such as lagoons however, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.
The construction of telecommunication towers that are proposed in a tidelands area may require a tidelands license if the activities are taking place at or below the mean high water line of a tidal waterway or a tidelands grant if the activities are taking place in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide.
A tidelands license is a short term revocable rental document to use tidelands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.
For more information on tidelands instruments, please see the tidelands section of this website.
For information and instruction on how to determine whether you are in an area that may require either a license or a grant, or for information how to apply for Tideland instruments please see the "Before you Build, Before you Buy" webpage.