On May 3, 2013, DEP Commissioner Bob Martin signed Administrative Order (AO) #2013-06 which extends the deadline for public entities to submit project inventories for approval under AO #2012-13.
AO #2012-13 was signed by the Commissioner on November 3, 2012 in recognition that there was significant damage to certain public infrastructure from Superstorm Sandy and there was an economic burden on public agencies to submit permit applications to the DEP for repair or replacement of the damaged structures. Public entities continue to identify and perform repairs to public infrastructure. Therefore the deadline to submit comprehensive inventories of projects for approval under AO #2012-13 has been extended to October 29, 2013. Entities that have already submitted their inventories will receive a decision from the Department on projects on the inventory. However, they may submit a supplemental inventory with additional projects in advance of the October 29, 2013 deadline.
Please refer to the previously released information below on the specifics of AO #2012-13:
The AO exempts State, County and Municipal agencies from DEP’s formal permit procedures for a specific category of emergency activities relative to public infrastructure. This AO applies only to damage resulting from Superstorm Sandy.
The Administrative Order provides for emergency activities that public agencies have completed or need to complete as outlined below:
- In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroads, culverts, bridges, utility lines, outfall structures, stormwater management structures, bulkheads and other similar shore-line stabilization structures).
- Repair of scoured areas directly adjacent to a bridge, culvert or public roadway. The scope of repair is limited to that area which has recently washed away.
- Repair and reconstruction of a public roadway including the stabilization or re-construction of the road-bed and associated embankments.
The AO does not provide for emergency activities to be performed outside the footprint of the legally pre-existing structure. That is, “in-kind repair or replacement” does not include a re-designed bridge or culvert that is hydraulically different from the original structure. Furthermore, the AO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap or for stream cleaning projects.
To qualify under the Administrative Order, State, County and Municipal agencies must submit a comprehensive inventory including locations and photographs of qualifying public infrastructure damaged by Hurricane Sandy by October 29, 2013. Provided the projects comply with the requirements of the AO, DEP will then provide written approval of the inventory. Within 60 days of completing all projects on its approved inventory, the State, County or Municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. The AO shall remain in effect until such time as the state of emergency declared by Executive Order 104 has concluded unless the AO is previously rescinded. For more information on submission requirements or for a copy of the Administrative Order, please visit http://www.state.nj.us/dep/landuse/AO2012-13.html.
- November 3, 2012: Administrative Order No. 2012-13 is issued
- October 29, 2013: Deadline for State, County and Municipal agencies to submit comprehensive inventories
- 60 Days after Completing All Projects on DEP-approved Inventories: Deadline for State, County and Municipal agencies to submit final certified inventories