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Division of Land Use Regulation
State of New Jersey Department of Environmental Protection

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FRESHWATER WETLANDS PROTECTION ACT RULES

N.J.A.C. 7:7A

SUBCHAPTER 8 EMERGENCY PERMITS

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, see "How To Get a Paper Copy of Department Rules".


7:7A-8.1 Emergency permits
7:7A-8.2 Obtaining an emergency permit


N.J.A.C. 7:7A-8.1 Emergency permits

(a) The Department may issue a temporary emergency freshwater wetlands permit, open water fill permit, or transition area waiver only if:

    1. An unacceptable threat to life, severe loss of property, or severe environmental degradation will occur if an emergency permit is not issued; and

    2. The anticipated threat or loss may occur before a permit or waiver can be issued or modified under the procedures otherwise required by this chapter.

(b) An emergency permit may be approved orally by the Director of the Department's Division of Land Use Regulation or issued in writing, except that if it is approved orally, the Department shall issue a written authorization within five days after the oral approval.

(c) The emergency permit shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non-emergency regulated activities, including mitigation, and shall:

    1. Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days;

    2. Require mitigation pursuant to N.J.A.C. 7:7A-15 of the freshwater wetland and/or State open waters within this 90 day period, except that if more than 90 days from the issuance of the emergency permit is required to complete mitigation, the emergency permit may be extended to complete this mitigation only;

    3. Fully describe the work that will be conducted under the emergency permit; and

    4. Specify the procedures that the permittee must follow under N.J.A.C. 7:7A-8.2 below to obtain a freshwater wetlands or open water fill permit, or transition area waiver.

(d) Notice of the issuance of the emergency permit shall be published and public comments received, in accordance with the provisions of 40 C.F.R. 124.10 and 124.11, and of the Federal Act and applicable State law, provided that this notification shall be mailed no later than 10 days after issuance of the emergency permit.

(e) The emergency permit may be terminated at any time without prior hearing upon a determination by the Department that this action is appropriate to protect human health or the environment.

(f) Emergency activities in an area under the jurisdiction of the Pinelands Commission may require approval by the Pinelands Commission, in accordance with the Pinelands Comprehensive Management Plan. For information on freshwater wetlands and transition areas in the Pinelands, contact the Pinelands Commission at (609) 894-7300 or through its website at www.state.nj.us/ pinelands.

N.J.A.C. 7:7A-8.2 Obtaining an emergency permit

(a) A person in need of an emergency permit shall inform the Department as to the extent of work to be performed, the reason for the emergency, and the location of the project. This information shall include a written description of the work, plans of the work, and photographs of the site, and shall be presented to the Department in writing prior to the issuance of the emergency permit.

(b) If the Department receives a request for an emergency permit for a major discharge, the Department will notify the Regional Administrator of Region II of the USEPA before issuing an emergency permit, and will send a copy of the written permit to the USEPA upon issuance.

(c) If the Director of the Department's Land Use Regulation Program gives oral approval for an emergency permit, the emergency work may be started. The person who received the oral approval shall keep Department staff informed by telephone at least once per week regarding the situation at the site. The Department will offer guidance and instructions in performing the work

(d) If the Director of the Department's Land Use Regulation Program does not give oral approval, the Department may issue a written emergency permit at any time within 15 days after the initial request.

(e) Within 15 days after the Department gives an oral approval under (c) above, the permittee shall submit the following to the Department:

    1. "As-built" drawings, showing all activities conducted under the emergency permit, including all excavation, grading, structures, and other regulated activities;

    2. The applicable fee specified at 7:7A-11; and

    3. Any other information necessary for the Department to ensure compliance with this chapter.

(f) After following the application review procedures at 7:7A-12, the Department shall issue a freshwater wetlands permit, open water fill permit, or transition area waiver for the activities covered by the emergency permit. This permit or waiver may contain conditions, including, but not limited to, mitigation under 7:7A-15, necessary to minimize and/or compensate for any adverse impacts to the freshwater wetlands, State open waters, or transition areas resulting from the activities performed under the emergency permit.

(g) Any regulated activities performed, other than those described to the Department in the request for the emergency permit and approved by the Department under this section, shall constitute a violation that is subject to enforcement action under 7:7A-16.

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Last Updated: May 21, 2014