FRESHWATER WETLANDS PROTECTION ACT RULES

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

SUBCHAPTER 17 Reconsideration by Department of its action or inaction concerning a permit

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7:7A-17.1 Reconsideration by Department of its action or inaction concerning a permit
APPENDIX 1


N.J.A.C 7:7A-17.1 Reconsideration by Department of its action or inaction concerning a permit

(a) If the issuance, modification, or denial of an individual freshwater wetlands permit would constitute a taking without just compensation, and provided the conditions at (b) below are met, the Department may do any one or more of the following:

(b) The Department may reconsider and modify its action or inaction concerning a permit so as to minimize the detrimental effect to the value of the property, provided:

(c) In making the determination to reconsider and modify its action or inaction concerning a permit so as to minimize the detrimental effect to the value of the property under (a) above, the Department shall prepare a written analysis that evaluates three factors:

(d) In determining whether the property owner's investments in the property as a whole were reasonable, and reflected reasonable expectations, the Department shall evaluate the following information:

(e) In determining the minimum beneficial economically viable use of the property, the Department shall consider existing legal precedent at the time of the determination. A use shall not be excluded from consideration as a minimum beneficial economically viable use merely because it diminishes the value of the property as a whole, does not result in a profit, reduces the marketability of the property as a whole, or does not allow the property owner to recoup all reasonable investments identified under (c) above.

(f) In determining the environmental impacts of any minimum beneficial economically viable uses of the property and the consistency of those impacts with the goals of the Freshwater Wetlands Protection Act, in accordance with (c) above, the Department shall evaluate whether the minimum beneficial economically viable use would:

(g) The Department shall not modify its action or inaction concerning a permit and approve a minimum beneficial economically viable use as the result of a reconsideration under this section if that use would cause any one of the following:

(h) A property owner may request that the Department reconsider and modify its action or inaction concerning a permit under (a) above only after:

(i) A complete request for the Department to reconsider and modify its action or inaction concerning a permit under (a) above shall include the following items:

(j) In the case where the Department initiates the reconsideration of whether to modify its action or inaction concerning a permit under (a) above, the Department shall, upon initiation of the reconsideration process follow all steps described in (j)1 through 3 below. In the case where the property owner is requesting that the Department reconsider and modify its action or inaction concerning a permit, the Department shall, upon initiation of the reconsideration process, follow the steps described in (j)1i, 1iii, 2 and 3 below:

1. Provide the following notifications:

(k) If the Department determines to approve a development upon reconsideration under this section, the Department shall provide notice of the development that the Department proposes to allow under the reconsideration following the same procedure described at (j) above except that the Department shall provide a 30-day comment period commencing from the date of notice in the DEP Bulletin.

(l) The Department shall complete the written analysis required under (c) above, which shall incorporate its decision on the request for reconsideration and modification of its action or inaction concerning a permit, as follows:

(m) If the Department approves a development upon reconsideration and modification of its action or inaction concerning a permit under (a) above, the approval shall, at a minimum:

APPENDIX 1

OBLIGATE AND FACULTATIVE FAUNA SPECIES FOUND IN VERNAL HABITATS
Obligate Species Facultative Species
Marbled Salamander Snapping Turtle
Blue-spotted Salamander* Eastern Mud Turtle
Jefferson Salamander Spotted Turtle
Eastern Tiger Salamander* Eastern Painted Turtle
Wood Frog Red-spotted Newt
Spotted Salamander American Toad
Eastern Spadefoot Toad Fowler's Toad
Jefferson x Blue-spotted Pine Barrens Treefrog*
Salamander*

Fairy shrimp (order Anostraca)

Northern Gray Treefrog
Southern Gray Treefrog*
Upland Chorus Frog
Northern Cricket Frog
New Jersey Chorus Frog

Bull Frog

Green Frog
Southern Leopard Frog
Four-toed Salamander
Northern Spring Peeper
Long-tailed Salamander**
Wood Turtle**
*Listed as a New Jersey State endangered species

** Listed as a New Jersey State threatened species