(a) A
flood hazard area applicability determination is the Department's statement of
whether an activity is regulated and, therefore, requires a permit under this
chapter.
(b) An
applicability determination is optional. However, if it is unclear whether a
particular activity is regulated, the Department encourages applicants to
obtain an applicability determination prior to commencing work since
unauthorized regulated activities may result in enforcement action pursuant to
N.J.A.C. 7:13-19.
(c) An
application for an applicability determination shall contain the following:
1. One copy of an application
report, as described at N.J.A.C. 7:13-15.3; and
2. One set of drawings, signed and
sealed by a engineer, land surveyor or architect, as appropriate, detailing the
proposed activities. If fill or grading is proposed, the drawing shall show
existing and proposed topography unless the Department determines that
topography is not necessary to determine compliance with this chapter. All
topography shall reference NGVD, or include the appropriate conversion factor
to NGVD, unless the applicant demonstrates that such reference is not
necessary.
(d) After
reviewing an application for an applicability determination, the Department
shall:
1. Notify the applicant that the
application did not include all the material required at (c) above and request
the missing information. The Department may cancel the request for an
applicability determination if the missing information is not provided within
60 calendar days. Otherwise, when the requested material is received, the
Department shall take one of the actions in (d)2 below; or
2. Inform the applicant in
writing that:
i. The Department is
unable to determine whether this chapter applies to the proposed activities
because the limit of the flood hazard area and/or riparian zone onsite cannot
be determined without additional information. Therefore, the Department shall
not issue an applicability determination until the applicant obtains a
verification under N.J.A.C. 7:13-6;
ii. This chapter does not apply
to the proposed activity and no permit is required pursuant to N.J.A.C.
7:13-2.1, provided the chapter is not amended to establish stricter standards
or conditions; or
iii. This chapter does apply to the
proposed activities and the regulated activities must be conducted in
accordance with a permit pursuant to N.J.A.C. 7:13-2.1. The Department will
also inform the applicant whether the proposed activities qualify for a
permit-by-rule or whether an application for a general permit authorization or
individual permit is necessary, provided the application contains sufficient
detail regarding the proposed activities for the Department to make such a
determination.
(e) Workload
permitting, the Department shall make a final decision on an application for an
applicability determination within 30 calendar days of receiving a complete
application.
(f) Except
as provided in (g) below, an applicability determination is valid for five
years from its issuance date and shall not be extended. However, an applicant
may request a new applicability determination to replace an expired one by
submitting an application under (c) above. An applicability determination may
also be transferred upon the sale of a property to which it applies to a new
owner pursuant to N.J.A.C. 7:13-14.1.
(g) If
the Department determines under (d)2ii above that this chapter does not apply
to a proposed activity, and this chapter is subsequently amended to put in
place stricter standards or conditions such that the proposed activity becomes
regulated, or else the Department amends the flood hazard area or riparian zone
onsite such that the proposed activity now lies within one of these regulated
areas, the applicability determination shall become void and the applicant
shall obtain a permit pursuant to N.J.A.C. 7:13-2.1 prior to commencing the
regulated activities onsite.