The
NJ Department of Environmental Protection has adopted
new Flood Hazard Area Control Act rules (N.J.A.C. 7:13),
as well as related amendments to the Coastal Permit Program
rules (N.J.A.C. 7:7) and the Coastal Zone Management
rules (N.J.A.C. 7:7E), in order to incorporate more stringent
standards for development in flood hazard areas and riparian
zones adjacent to surface waters throughout the State.
The Department has adopted these new rules in order to
better protect the public from the hazards of flooding,
preserve the quality of surface waters, and protect the
wildlife and vegetation that exist within and depend
upon such areas for sustenance and habitat.
In order
to minimize the impacts of development on flooding, a
0% net-fill requirement (which was previously implemented
only in the Highlands Preservation Area and Central Passaic
Basin) will now apply to all non-tidal flood hazard areas
of the State. The new rules also expand the preservation
of near-stream vegetation (previously protected within
25 or 50 feet of streams) by implementing new riparian
zones that are 50, 150 or 300 feet in width along each
side of surface waters throughout the State. The riparian
zone width depends on the environmental resources being
protected, with the most protective 300-ft riparian zone
applicable to waters designated as Category One and certain
upstream tributaries. Certain waters supporting trout,
or habitats of threatened or endangered species critically
dependant on the watercourse to survive, or watercourses
which flow through areas that contain acid-producing
soil deposits, receive a 150-ft riparian zone.
The Department
has also amended N.J.A.C. 7:7 and 7:7E to incorporate
the new flood hazard area and riparian zone standards
into the review of all CAFRA and Waterfront Development
permits, thereby eliminating a gap in the previous rules
under which development in tidal areas was not reviewed
under the same standards that applied to non-tidal areas.
Furthermore, amendments to the Ninety-Day Construction
Permits rules (N.J.A.C. 7:1C) relocate provisions related
to the review and approval of flood hazard area permits
and fees into N.J.A.C. 7:13, so that all application
review standards are located in one rule.
Effective March 1, 2007, all applications to the Division of Land Use Regulation must be on the new "LURP2" application form, available at http://nj.gov/dep/landuse/forms/lurp2.doc. This includes any re-submission of previously submitted forms. The new forms have a revision date of 2/1/07 which can be found on the lower right corner of the first page. This application form can be filled out electronically using Microsoft Word. A PDF version that may be printed and filled out by hand is available at http://nj.gov/dep/landuse/forms/index.html Any applications received after March 1, 2007 that are not on the new LURP2 form will be returned to the sender. Should you need any further information, please contact the Division using our contact form at: http://nj.gov/dep/landuse/contactform.html or by calling our support center at (609) 777-0454 or (609) 984-0126.
Effective
October 2, 2006, the Division of Land Use Regulation
adopted amendments to the Freshwater Wetlands Protection
Act rules (N.J.A.C. 7:7A-11) and the Coastal Permit
Program rules (N.J.A.C. 7:7-10) which increased the
permitting fees by 20% and established additional fees
for major developments requiring stormwater/water quality
review in accordance with the Stormwater Management
rule (N.J.A.C. 7:8). The
fee increase affects all permits and authorizations
pursuant to the Freshwater Wetlands Protection Act,
the Coastal Area Facilities Review Act (CAFRA), the
Waterfront Development Law and the Wetlands Act of
1970. The following
are examples of the increase: the fee for both
coastal and freshwater wetlands general permits
increased from $500.00 to $600.00, the base fee
for residential CAFRA and Upland Waterfront Development
permits fee increased from $6,000.00 to $7,200.00
with the cost per unit increasing from $100.00
to $120.00, the fee for a presence/absence Letter
of Interpretation increased from $200 to $240,
and the fee for a line verification LOI, one
acre or larger, increased from $500 to $600,
with the “plus
per acre” increase from $70 to $84, up
to $60,000 (increased 20% from a limit of $50,000). In
addition to the standard freshwater and coastal fees,
any proposed development which meets the definition
of a major development as set forth in the Stormwater
Management rules (N.J.A.C. 7:8) is required to submit
a fee for the review of the stormwater aspects of the
development. The base fee
for this review is $2,000.00 with additional fees assessed
for the review of groundwater recharge calculations,
runoff quantity calculations, and water quality calculations. There
is also an additional $2,000.00 fee if any vegetation
is to be disturbed within a special water resource
protection area (N.J.A.C. 7:8-5.5(h)). For
a complete list of the amended fees and
various fee schedules, please refer to http://nj.gov/dep/landuse/forms/dlurfees.pdf or
the various
fee schedules for the specific permit/authorization
or the amended rule text, please refer to http://nj.gov/dep/landuse/njac7-7asub11.pdf.
The NJ Department of Environmental Protection is proposing
to repeal the existing Flood Hazard Area Control rules,
N.J.A.C. 7:13, and to adopt new rules in its place that
will incorporate more stringent standards for development
in flood hazard areas and adjacent to surface waters.
The Department's experience in administering N.J.A.C.
7:13, as well as the recent flood events in the State,
have demonstrated the need to adopt new rules that will
better protect the public from the hazards of flooding,
preserve the quality of surface waters and protect the
wildlife and vegetation that exist within and depend
upon such areas for sustenance and habitat. The Department
is also proposing related amendments to the Coastal Permit
Program rules, N.J.A.C. 7:7, and to the Coastal Zone
Management rules, N.J.A.C. 7:7E, in order to ensure better
consistency with N.J.A.C. 7:13 as regards development
in flood hazard areas and preservation of vegetation
and habitat along surface waters. Furthermore, flood
hazard area application fees and review procedures are
proposed to be relocated into N.J.A.C. 7:13 from the
Ninety-Day Construction Permits rules, N.J.A.C. 7:1C,
so that all fees and application review standards are
located in one rule.
2/17/2004: NOTICE OF REVISION
AND UPDATING OF FRESHWATER WETLANDS TECHNICAL MANUAL TO
INCORPORATE VERSION 2.0 OF THE LANDSCAPE MAPS
The Department of Environmental Protection has revised
and updated the Freshwater Wetlands Technical Manual in
accordance with N.J.S.A 13:1D-111 et seq. Specifically,
the Department has revised and updated the “Landscape
Maps of Habitat for Endangered, Threatened and Other Priority
Wildlife” (also known as “Landscape Maps”
and “Landscape Project Maps”). The revisions
are contained within the portion of the Freshwater Wetlands
Technical Manual entitled "Protocols for the establishment
of exceptional resource wetlands pursuant to the Freshwater
Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) based
on documentation of state or Federal endangered or threatened
species." Based upon the revisions and updates, the
Department is replacing Version 1.0 with Version 2.0 of
the Landscape Maps. The Freshwater Wetland Protection
Act rules at N.J.A.C. 7:7A-2.4 (c) (Classification of
freshwater wetlands by resource value) reference the Landscape
Project Method and the technical manual.
The Landscape Maps are also referenced in the Coastal
Zone Management rules at N.J.A.C. 7:7E-3.38 and N.J.A.C.
7:7E-3C for purposes of the special area rule regarding
endangered or threatened wildlife habitat and conducting
an endangered or threatened wildlife habitat impact assessment.
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1/20/2004: AMENDMENTS
TO THE COASTAL PERMIT PROGRAM RULES AND COASTAL ZONE MANAGEMENT
RULES PUBLISHED IN THE NEW JERSEY REGISTER (CAFRA PERMIT
FINDINGS AND SECTOR PERMIT)
On January 20, 2004, the Department published in the
New Jersey Register the adoption of amendments to the
Coastal Permit Program rules, N.J.A.C. 7:7, and the Coastal
Zone Management rules, N.J.A.C. 7:7E, that it proposed
on July 7, 2003, in response to a decision by the Appellate
Division of Superior Court in In the Matter of the
Protest of Coastal Permit Program Rules, 354 N.J.
Super. 293 (App. Div. 2002). The amendments specify that
the Department cannot issue a CAFRA permit unless it first
makes the findings required by Section 10 of CAFRA, N.J.S.A.
13:19-10. Prior to the issuance of a CAFRA permit, the
Department must make the findings required by N.J.S.A.
13:19-10, even if it concludes that the application otherwise
meets the standards of the Coastal Zone Management rules,
N.J.A.C. 7:7E.
The Department also adopted the repeal of the Sector
permit from the Coastal Permit Program rules at N.J.A.C.
7:7-9, as well as several other administrative and clarifying
amendments to the Coastal Zone Management rules.
To download the entire revised versions of the Coastal
Permit Program rules and Coastal Zone Management rules,
look up N.J.A.C. 7:7 and N.J.A.C. 7:7E in our Regulations
Area.
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5/5/2003: AMENDMENTS TO NINETY-DAY
CONSTRUCTION PERMITS RULES PROPOSED
The proposed amendments relate to an increase in application
fees for stream encroachment permits, which are issued
under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50
et seq. The stream encroachment permit fees currently
collected by the Department amount to approximately 50%
of the cost of operating the flood hazard regulatory program.
In order to close this gap and avoid increasing dependence
on legislative appropriations to fund this program, the
Department is proposing to double application fees. Stream
encroachment permit fees were last increased in March
1993.
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2/18/2003: AMENDMENTS TO COASTAL
PERMIT PROGRAM AND FRESHWATER WETLANDS RULES PROPOSED
The proposed amendments to the Coastal Permit Program
Rules relate to an increase in the application fees for
waterfront development permits, Wetlands Act of 1970 (coastal
wetlands) permits, and Coastal Area Facility Review Act
(CAFRA) permits. In addition, the Department is proposing
to amend the application fees for waterfront development
permits to add a fee for the request for a written determination
of exemption from the permitting requirements.
The proposed amendments to the Freshwater Wetland Protection
Act Rules relate to an increase in the application fees
for letters of interpretation (LOIs), general permit authorizations
(GPs), transition area waivers (TAWs), individual permits
(IPs), and the combination of these fees with one another
and with fees pursuant to the Flood Hazard Area Control
Act rules (N.J.A.C. 7:13). In addition, a new fee is proposed
for Individual Water Quality Certificates.
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10/7/2002: ADOPTED AMENDMENTS
TO RULES FOR CONDITIONS THAT APPLY TO ALL GENERAL PERMIT
AUTHORIZATIONS; GENERAL PERMIT 6-NON-TRIBUTARY WETLANDS;
GENERAL PERMIT 27-REDEVELOPMENTOF PREVIOUSLY DISTURBED
AREAS, FRESHWATER WETLAND PROTECTION ACT RULES, N.J.A.C.
7:7A
On October 7, 2002, the Department adopted amendments
to the rules for conditions that apply to all general
permit authorizations; and general permits 6 (non-tributary
wetlands) and 27 (redevelopment of previously disturbed
areas). The adopted amendments were published in the New
Jersey Register (see 34 N.J.R. 3518). A courtesy copy
of the entire revised rule is available in our Regulations
Area.
The rule was adopted without change. Under the adopted
amendments, the Department will prohibit the use of any
general permit in a vernal habitat, as defined at N.J.A.C.
7:7A-1.4, or in a transition area adjacent to a vernal
habitat. In addition, the Department has reduced the acreage
of disturbance authorized under general permit 6 (non-tributary
wetlands) and general permit 27 (redevelopment of previously
disturbed sites) to one half acre in waters of the United
States.
To download the entire revised Freshwater Wetlands Protection
Act Rules, look up N.J.A.C. 7:7A in our Regulations
Area.
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10/7/2002: AMENDMENTS TO FRESHWATER
WETLANDS RULES PROPOSED
The proposed new rules and amendments relate to the identification
and consideration of historic resources in the Freshwater
Wetlands Protection Act program permitting process. These
include: amendments to the standard conditions for general
and individual permits to reflect the current procedures
for freshwater wetlands permits that will adversely affect
historic resources; new rules establishing a checklist
of wetlands permit application categories presenting a
high probability of the presence of historic and archaeological
resources; and new procedures for coordinating with the
freshwater wetlands review process the Federal Section
106 review, or the State's review procedures for projects
encroaching upon New Jersey Register properties.
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7/15/2002: AMENDMENTS TO FRESHWATER
WETLANDS RULES PROPOSED
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1/22/2002: ADOPTED AMENDMENTS
TO SHELLFISH HABITAT RULE, RULES ON COASTAL ZONE MANAGEMENT
RULES, N.J.A.C. 7:7E-3.2
On January 22, 2002, the Department adopted amendments
to the Shellfish Habitat rule within the Coastal Zone
Management rules, N.J.A.C. 7:7E-3.2(d). This section of
the CZM rules sets forth the requirements for activities
occurring in areas classified as shellfish habitat, including
the construction of recreational docks, piers or boat
moorings. The adopted amendments were published in the
New Jersey Register (see 34 N.J.R. 535(a)). A courtesy
copy of the entire rule is being provided in our Regulations
Area. The official version of the adoption is that
published in the New Jersey Register. Should there be
any discrepancies between the courtesy copy and the official
version, the official version shall govern.
In consideration of public comments received during
the proposal phase of previous amendments to the Shellfish
Habitat rule, and as a result of consultation with Federal
resource agencies (principally the U.S. Army Corps of
Engineers, the National Marine Fisheries Service within
the National Oceanic and Atmospheric Administration, and
the U.S. Fish and Wildlife Service), the Department acted
to amend the rules to impose identical restrictions on
all docks, piers and boat moorings proposed for construction
within designated shellfish habitat.
Under the adopted amendments, the revised Shellfish
Habitat rule aims to protect the marine ecosystem while
accommodating the recreational needs of waterfront property
owners. The adopted amendments streamline and reorganize
existing N.J.A.C. 7:7E-3.2(d) for clarity and make substantive
changes. The amendments are intended to ensure that the
contribution of pollutants to the State's waters associated
with docks, piers and boat moorings constructed under
the Shellfish Habitat rule are significantly reduced or
eliminated. As amended, the Shellfish Habitat rule requires
that non-polluting materials must be utilized for all
docks, piers and boat moorings constructed under N.J.A.C.
7:7E-3.2(d), that the size and location of the structure
minimize, to the extent practicable, the area of shellfish
habitat condemned and adverse impacts to the marine ecosystem,
and that compensatory mitigation be performed. Required
mitigation consists of restrictions governing existing
and new shoreline protection structures as well as the
payment of a mandatory monetary contribution to a dedicated
account for Shellfish Habitat Mitigation.
To download the entire revised Coastal Zone Management
Rule, look up N.J.A.C. 7:7E in our Regulations
Area.
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12/27/2001: PROPOSED READOPTION
WITH AMENDMENTS, OF THE COASTAL ZONE MANAGEMENT RULES, N.J.A.C.
7:7E
On January 7, 2002, the proposed readoption with amendments
of the Coastal Zone Management rules, N.J.A.C. 7:7E and
amendments proposed to the Coastal Permit Program rules,
N.J.A.C. 7:7 and Ninety-Day Construction Permits rules,
N.J.A.C. 7:1C will be published in the New Jersey Register.
This is a courtesy copy of the proposal. The official
version is that published in the New Jersey Register.
Should there be any discrepancies between the courtesy
copy and the official version, the official version shall
govern.
The readoption of the Coastal Zone Management rules includes
various amendments related to special areas, general water
areas, general land areas, use and resource rules. Amendments
are also proposed to reflect the Department's current
organizational structure, terminology and definitions.
For ease in reading and understanding this Chapter, the
Chapter's organization is being amended to reduce confusing
codifications. Further, where appropriate, existing references
to various studies, reports and publications are being
updated.
The Department is also proposing amendments to the Ninety-Day
Construction Permits rules, N.J.A.C. 7:1C and the Coastal
Permit Program rules, N.J.A.C. 7:7. As part of the readoption
of the Ninety-Day Construction Permits rules, the Department
indicated that it would be reorganizing the Chapter to
relocate certain provisions pertaining tot he coastal
permitting programs into the Coastal Permit Program rules.
To facilitate this reorganization, amendments are being
proposed to both the Coastal Permit Program rules and
Ninety-Day Construction Permits rules. Further, amendments
focusing on the notice requirements for coastal permit
applications, modification requests and coastal general
permits are being proposed to the Coastal Permit Program
rules.
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12/27/2001: AMENDMENTS TO FRESHWATER
WETLANDS RULES PROPOSED(Updated 1/24/2002)
The Department is proposing amendments to the freshwater
wetlands rules to address takings, and to address the
identification of threatened and endangered wildlife habitat.
The proposal will be published in the January 22, 2002
issue of the New Jersey Register.
This is a courtesy copy of the proposal. The official
version is that published in the New Jersey Register.
Should there be any discrepancies between the courtesy
copy and the official version, the official version shall
govern.
The public
notice of the rule proposal is now availalbe at DEP's
Rules & Regulations page.
A public hearing concerning the proposal is scheduled
as follows:
Wednesday, February 13, 2002 at 1:00 p.m.
New Jersey Department of Environmental Protection (Directions)
Public Hearing Room
401 East State Street
Trenton, New Jersey 08625
Written comments may be submitted by February 21, 2002
to:
NJ Department of Environmental Protection
Janis Hoagland, Esq.
ATTN: DEP Docket No. 36-01-12/289
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625
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09/26/2001: ADDITIONAL PUBLIC
HEARING ON FRESHWATER WETLANDS RULES AMENDMENTS SCHEDULED
An additional public hearing has been scheduled on the
proposed amendments to the freshwater wetlands rules.
Amendments were proposed on September 4, 2001. The public
hearing on those amendments was inadvertently scheduled
on Yom Kippur (September 27). Therefore, there will be
an additional public hearing on October 25, 2001, and
the comment period on the proposed amendments will be
extended to October 29, 2001. The additional hearing will
be held in the DEP Public Hearing Room at 1:00 p.m. on
October 25, 2001.
Click here
for more information the freshwater wetlands rule proposal.
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09/04/2001: VERNAL HABITATS PROTOCOL
NOW AVAILABLE (Updated
09/26/2001)
The Department's protocol for identifying vernal habitats
is now available. A companion form for use in conjunction
with the application checklist for general permits is
also available. The Department is also providing mapping
to assist in locating the vernal habitats so far identified
and certified by the Department. The mapping is approximate,
and will be updated and refined on an ongoing basis as
more vernal habitats are certified. More detailed information
on a particular vernal habitat can be obtained by contacting
the Division of Land Use Regulation.
For additional application forms and checklists, please
visit our forms
and checklists page.
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8/10/2001: ADOPTION OF FRESHWATER
WETLANDS RULES (Updated
1/18/2002)
The Department has adopted the wetlands rule changes
proposed on August 7, 2000, and has also proposed three
changes to the adopted rules. The adopted rules will become
effective on September 4, 2001, when the adoption is published
in the New Jersey Register. Following, are four documents
regarding the rule (all in Adobe Acrobat format):
- The adopted rule, including the public comments received
on the August 7, 2000 proposal, and the Department's
responses to those comments.
- Flow charts illustrating the mitigation process, which
appear in the rule after N.J.A.C. 7:7A-15.5 and 15.
6, but are contained in a separate document here because
of formatting difficulties.
- The Department's proposal of three additional changes
to the freshwater wetland rules. These changes will
be subject to public hearing and public comment.
- An "easy reading" version of the new freshwater wetlands
rules. This document combines all of the recently adopted
changes to the freshwater wetlands rules in one easy
to read document.
- Table of citation changes from old freshwater wetlands
rules to the new freshwater wetlands rules.
- Detailed Questions & Answers
regarding the new freshwater wetlands rules excerpted
from DEP's response to comments document. (NEW!)
For information on the original August 7, 2000 Freshwater
Wetlands Rules proposal, click here.
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PROPOSED READOPTION
OF FRESHWATER WETLANDS RULES
The proposed readoption with amendments of the Department's
freshwater wetlands rules, N.J.A.C. 7:7A, was published
in the New Jersey Register on August 7, 2000. A courtesy
copy of the rule proposal and additional documents
can be viewed from the following links:
Coastal Zone Management rules, N.J.A.C. 7:7E UPDATED
The Coastal Zone Management rules as amended through
October 16, 2000 are now available on the Land Use Regulation
Program's website. However, Appendices 2 and 3, which
contain the descriptions of the Coastal centers, are still
being developed and will be available shortly. Please
note that the version of the Coastal Zone Management rules
on the Division of Land Use Regulation's website is a courtesy
copy and is not the official version of the New Jersey
Administrative Code. The official, legally effective version
is set forth in Chapter 7E of the New Jersey Administrative
Code. Should there be any discrepancies between this text
and the official version, the official version shall govern.
The Coastal Zone Management rules can be downloaded or
viewed here.
Adoption of the March 20, 2000 proposal to readopt
with amendments, the Coastal Permit Program rules, N.J.A.C.
7:7
On March 20, 2000 the Department proposed to readopt
with amendments the Coastal Permit Program rules, N.J.A.C.
7:7. The adoption of these amendments was published in
the October 16, 2000 New Jersey Register. Obtain or view
a courtesy copy here.
The Coastal Permit Program rules at N.J.A.C. 7:7 establish
the procedures by which the Department reviews permit
applications and appeals from permit decisions under the
Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1
et seq.), the Waterfront Development Law (N.J.S.A. 12:5-3),
and the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.).
The Coastal Permit Program rules also contain the coastal
general permits, permits-by-rule, the Long Branch Redevelopment
Zone permit and the Sector Permit.
The adopted amendments further refine this chapter by
clarifying definitions, jurisdiction under CAFRA and application
procedures. In adopting these rules, the Department is
adding seven new coastal general permits and three new
permits-by-rule. Further, several existing coastal general
permits and permits-by rule are being amended. The adopted
amendments to the coastal general permits and permits-by-rule
will additionally streamline the coastal application process.
As part of the readoption with amendments of the Coastal
Permit Program rules, the Department is adopting amendments
to the Coastal Zone Management rules, N.J.A.C. 7:7E which
contain the substantive standards for use and development
of coastal resources. These amendments complement the
amendments to the coastal general permits (N.J.A.C. 7:7-7),
and change the rules concerning coastal bluffs, recreational
docks and piers, and parking requirements. In addition,
this adoption amends the fee schedule for certain types
of developments and permit modifications under the Ninety-Day
Construction Permits rules, N.J.A.C. 7:1C.
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