FRESHWATER WETLANDS PROTECTION ACT RULES

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

SUBCHAPTER 11 FEES

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".

N.J.A.C. 7:7A-11.1 General fee provisions

(a) Each application submitted to the Department under this chapter shall include a fee, except as provided at (b) below. An application that does not include the fee required under this subchapter shall be considered administratively incomplete, and shall be handled accordingly under N.J.A.C. 7:7A-12.1. The fees for each application are set forth in the fee tables below.

(b) The following applications shall not require an application fee:

(c) All fees shall be paid by personal check, certified check, attorney check, government purchase order, or money order, in accordance with the applicable application checklist.

(d) If proposed activities require approval under this chapter and in addition require one or more other Division of Land Use Regulation permits (such as a CAFRA permit, waterfront development permit, coastal wetlands permit, or flood hazard area permit), the application fee shall be the sum of the following:

  1. Seventy-five percent of the application fee for each additional approval required. For example, if an applicant has a two acre site and is applying for a freshwater wetlands letter of interpretation line verification ($600 + $84/acre= $768), general permit ($600), and a transition area waiver ($600 + $48/acre=$696), together with a Flood Hazard Area Control Act permit (major=$4,000) and two Waterfront Development general permits ($600 each), the combined fee shall be determined as follows:

(e) Any fee required under this chapter that is subject to N.J.A.C. 7:1L shall be payable in installments in accordance with N.J.A.C. 7:1L.

(f) An application fee is refundable if the Department returns the application as administratively incomplete under N.J.A.C. 7:7A-12.1(b). An application fee is not refundable once the application has been declared administratively complete under N.J.A.C. 7:7A-12.1. However, if the Department denies an application, or if the applicant withdraws the application under N.J.A.C. 7:7A-12.6, the Department shall credit the fee towards a new application for a revised project on the same site, if the new application is submitted within one year of the denial or withdrawal.

(g) In some cases, an applicant's act or omission makes it necessary for Department staff to perform more than one site visit during the review of an application. In such a case, the Department shall assess an additional fee of up to $ 1,000 for each additional site visit. No permit, waiver, or letter of interpretation shall be issued until this fee has been paid.

FEE TABLES

Application fees for LOIs (N.J.A.C. 7:7A-3):

Type of LOI Fee
Presence/absence LOI--whole site $ 240.00
Presence/absence LOI under N.J.A.C. $ 480.00
7:7A-3.2--portion of a site or
footprint of disturbance
Line delineation LOI under N.J.A.C. $ 600.00
7:7A-3.3--site smaller than one acre
Line verification LOI under N.J.A.C. $ 600.00
7:7A-3.4--site smaller than one acre
Line verification LOI under N.J.A.C. $ 600.00 plus $ 84.00 per acre n1, up
7:7A-3.4--site one acre or larger to $ 60,000
LOI extension under N.J.A.C. 7:7A-3.6 $ 240.00, or 25 percent of original
fee, whichever is greater
LOI (any type) and a $ 840.00
transition area waiver, (any type) if Note: this application fee is for a
The site is one acre or smaller. combined transition area waiver and
LOI, since the wetlands must be
delineated before the review of the
transition area waiver application.
LOI (any type) and a $ 1,080.00 plus $ 96.00 per acre n1
transition area waiver, (any type) if Note: this application fee is for a
The site is larger than one acre. combined transition area waiver and
LOI, since the wetlands must be
delineated before the review of the
transition area waiver application.
LOI (any type) and a general permit Sum of applicable LOI and general
authorization permit authorization fees
LOI (any type) and an individual permit Applicable individual permit fee

Application fees for general permit authorizations (N.J.A.C. 7:7A-5):

Type of general permit Fee
Any general permit authorization, except:
  1. General permit 16 (wildlife management);
  2. General permit 25 (septic repair); or
  3. General permit 17 (trail/boardwalk) on public land.
$ 600.00
Authorization under any of the following:
  1. General permit 16 (wildlife management);
  2. General permit 25 (septic repair); or
  3. General permit 17 (trail/boardwalk) on public land.
None
Multiple general permit authorizations for one site $600.00 plus $ 240.00 for each additional general permit
General permit authorization extension $ 240.00

Application fees for transition area waivers (N.J.A.C. 7:7A-6):

Type of transition area waiver Fee
Any transition area waiver, if:
  1. The entire site is covered by a valid line delineation or line verification LOI; and
  2. The site is one acre or smaller.
$ 240.00
Any transition area waiver, if:
  1. The affected portion of the site is covered by a valid line delineation or Line verification LOI; and
  2. The site is over one acre.
$600.00 plus $ 48.00 per acre affected n2
Any transition area waiver, if:
  1. The site is not covered by a valid LOI, or has a presence/absence LOI only; and
  2. The site is one acre or less.
$ 840.00

Note: this application fee is for a combined transition area waiver and LOI, since the wetlands must be delineated before the review of the transition area waiver application.

Any transition area waiver if:
  1. The site is not covered by a valid LOI, or has a presence/absence LOI only; and
  2. The site is larger than one acre.
$ 1,080.00 plus $ 96.00 per acre

Note: this application fee is for a combined transition area waiver and LOI, since the wetlands must be delineated before the review of the transition area waiver application.

Multiple transition area waivers (unless all are special activity transition area waivers) Sum of all fees for all of the applicable transition area waivers
Multiple special activity transition area waivers for a single site $ 600.00 plus $ 240.00 for each additional special activity waiver
Transition area waiver (any type) and an individual freshwater wetlands or open water fill permit Either the applicable transition area waiver fee or the individual permit fee, whichever is higher
Transition area waiver (any type) and one or more general permit authorizations The applicable transition area waiver fee, plus $600.00 for the first general permit authorization, and $240.00 for each additional general permit authorization
Transition area waiver extension $ 240.00

Application fees for exemption letters (N.J.A.C. 7:7A-2.10):

Type of approval Fee
Exemption letter $ 240.00

Application fees for individual permits (N.J.A.C. 7:7A-7):

Type of approval Fee
Individual freshwater wetlands or open water fill permit $ 2,400 plus $ 240.00 per 1/10 acre affected n4
Individual permit extension $ 1,200.00

Application fees for modifications (N.J.A.C. 7:7A-14):

Type of approval Fee
Minor modification $240.00
General permit authorization modification $ 240.00
Major modification 25 percent of the application fee originally charged for the approval that is being modified, or $240.00, whichever is higher

Application fees for Water Quality Certifications (N.J.A.C. 7:7A-2.1(d)):

Type of approval Fee
Water Quality Certificate $ 2,400 plus $ 240.00 per 1/10 acre affected
Water Quality Certificate extension $ 1,200
n1 When these fee tables refer to a cost "per acre," this means the cost is per acre or fraction thereof. For example, an area of one and one third acres would have the same fee as an area of two acres. When these fee tables refer to a cost "per 1/10 acre," this means the cost is per tenth of an acre or fraction thereof, such that an area of 0.12 acres would have the same fee as an area of 0.2 acres. When these fee tables refer to an "acre affected," this means an acre of freshwater wetlands, State open waters, or transition area that will be affected by a regulated or prohibited activity.
n2 See note 1 above.
n3 See note 1 above
n4 See note 1 above.

Additional Fees for Major Developments pursuant to N.J.A.C. 7:8-1.2 (N.J.A.C. 7:7A-4.3(b)10, N.J.A.C. 7:7A-5.11 and N.J.A.C. 7:7A-7.2 ):

Qualifier Area of Impact Fee
Base fee for any major development Any size project $2,000
Additional fee for the review of groundwater recharge calculations (pursuant to N.J.A.C. 7:8-5.4(a)2) per area of land disturbed by the project Up to 3 acres $500
More than 3 acres and up to 10 acres $1,000
More than 10 acres and up to

100 acres

$2,000
More than 100 acres $4,000
Additional fee for the review of runoff quantity calculations (pursuant to N.J.A.C. 7:8-5.4(a)3) per area of land disturbed by the project Up to 3 acres $500