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Freshwater Wetlands - Application Guidance
Outfalls and Intake Structures (General Permit 11)

  • Overview
  • Application Guidance
  • Rules
  • FAQ

General Permit Number 11 (GP11) permits the construction of a stormwater outfall; a NJDPES approved outfall; an intake structure located in a State open water: a well that is part of a non-public water system (this includes certain small private potable water wells); Conveyance structures, such as pipes and headwalls, associated with an outfall or intake; and energy dissipation structures, such as rip-rap, gabion baskets, and scour holes, associated with an outfall or intake.

The Department shall issue a General Permit 11 authorization only if all of the following
limits are met:

  1. Disturbance is limited to no more than one quarter acre of freshwater wetlands, transition areas, and/or State open waters, including both temporary and permanent disturbance;
  2. The area disturbed during construction of a conveyance structure is no wider than is
    necessary to comply with the United States Occupational Safety and Health Administration safety standards for excavations, set forth at 29 CFR Part 1926, Subpart P; and
  3. The amount or rip-rap or other energy dissipating material placed shall be the minimum
    necessary to prevent erosion, and shall not exceed 10 cubic yards of fill per outfall, unless
    a larger amount is required in order to comply with the Standards for Soil Erosion and
    Sediment Control in New Jersey at N.J.A.C. 2:90.

If you are constructing an intake structure, the activitiy must also:

  1. Be designed and equipped so as to minimize impacts to fish and other fauna through
    measures including, but not limited to, the following:
    1. The structure's location and orientation;
    2. Protective structures that prevent entrapment of fauna in the structure itself, or in a
      diversionary canal or embayment;
    3. Protective structures that prevent aquatic biota from being sucked up against the
      structure (impingement) or being sucked up into the structure (entrainment).
      Examples of such structures are radial wells, fish bucket screens, and wedge-wires;
      and
  2. Be designed so as to ensure that the wetlands are not drained;
  3. Have an intake velocity no greater than 0.5 feet of water per second; and
  4. Comply with all applicable requirements for intake structures in the Department's Safe
    Drinking Water Act rules at N.J.A.C. 7:10-11.8(c).

Mitigation shall be performed for all permanent loss and/or disturbance of 0.1 acres or greater of freshwater wetlands or State open waters.[Link to N.J.A.C. 7A:7-15].  

Getting a GP11: If you believe that your project will require a GP11, and you do not know how to apply for one, we suggest that you visit "The Permit Process" section of this website for more information. It will give you a general overview on the ins and outs of permitting, and will direct you to the forms necessary to apply. Please be advised that any application submitted must follow the procedures and information required. If you intend on applying for multiple freshwater wetland general permits, be advised that there are strict limits on what can and cannot be applied for, with a 1 acre cap on wetland disturbance for any one project site.

Note: The Department has, for your convenience, developed an Application Checklist for General Permits. Please follow carefully the requirements as outlined on this checklist to insure that you have all of the required information necessary to complete and process your application.

A direct link to the rules cited in our standard approval letter under "Permit Conditions" for this General Permit can be found below.

7:7A-5.11 General permit 11 - Outfalls and Intake Structures

7:7A-4.3 Conditions that apply to all general permit authorizations

7:7A-13.1 Standard conditions that apply to all permits

7:7A - Index to the entire rule.

Please Note: The Department has made every effort to ensure that the text of this regulation is identical to the official, legally effective version set forth in the New Jersey Register. However, should there be any discrepancies between the text on this web site and the official version of the rule, the official version will govern. For more information on obtaining official versions of the rules, How To Get a Paper Copy of Department Rules

Frequently Asked Questions

If you do not see an answer to your question below, please use the Land Use Contact form on this website. We will make every attempt to answer your question as promptly as possible.

Q: When do I need to obtain a Freshwater Wetland General Permit 11?

A. When the proposed activity will disturb freshwater wetlands, freshwater wetland transition areas and/or State open water for construction of outfall structures, intake structures, drinking water wells and conveyance , a road crossing, road widening or reduction of road curves and is not considered a very minor road crossing. Conveyance structures, such as pipes and headwalls, associated with an outfall or intake; and energy dissipation structures, such as rip-rap, gabion baskets, and scour holes, associated with an outfall or intake.

Q. What if I’m replacing an existing outfall?

A. If the replacement does not increase the amount of disturbance to the wetlands, transition area or State open water, then a GP 1 may be obtained, If disturbance is to increase then a GP 11 is required.

Q. Is mitigation required?

A. Yes, if the disturbance is greater than .01 of an acre of freshwater wetlands, transition area and/or State open water.

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Last Updated: May 21, 2014