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Special: DEP Add's E-Permits to Better Serve the Public

DEP ADD'S E-PERMITS TO BETTER SERVE THE PUBLIC

As part of its continued commitment to customer service and transformation, the Division of Land Use Regulation has launched a new service that will allow property owners to apply on-line for certain Coastal General and Freshwater Wetlands Permits.  Please note that you must follow all instructions on the LURP form and maintain a complete copy of the application including all necessary notices to neighbors and municipalities.

The new freshwater wetlands permit program is the second round for the DEP's Land Use Regulation; the two Coastal General Permits that went on-line last year are GP 14 and GP 19.  Property owners or their contractors will be able to apply on-line for permits and within minutes get decisions on projects to replace bulkheads with identically sized bulkheads or to replace docks in man-made lagoons. 

The public can now apply on-line for two types of freshwater wetland permits - a GP-8 for house addition where addition is connected to existing structure and a GP-25 for replacement of a malfunctioning septic system.  As with the previous on-line permits, applicants are required to answer a short list of questions and certify their responses as truthful and accurate.  If approvable the applicant will be issued an automated approval of their permit.

The Division of Land Use Regulation is still working on an approach to allow applicants to submit wetlands delineations (Letters of Interpretation) through an on-line system. Users may access the e-permitting system at http://njdeponline.com/. Follow the registration process and create an account. When setting up your profile, select Land Use Permitting. Instructions are available at this web site, or you may call the Land Use hot line at (609) 777-0454.

Posted 6/10/14: Coastal Zone Management and Coastal Permit Program Rules
Proposed Recodifications with Amendments

The following is an exerpt from the complete rule proposal available at:
www.nj.gov/dep/rules/proposals/20140602a.pdf

The Department regulates the use and development of coastal resources under the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., and the Waterfront Development Law, N.J.S.A. 12:5-1 et seq., through the Coastal Permit Program Rules at N.J.A.C. 7:7 and the Coastal Zone Management rules at N.J.A.C. 7:7E.

In the late fall of 2012, New Jersey suffered extraordinary levels of damage to homes, businesses, infrastructure, bulkheads, waterways, and beaches as a result of Superstorm Sandy. In the aftermath of Sandy, the State immediately took steps to address redevelopment and reconstruction and to reduce risks to public safety, health, and the environment while rebuilding a more resilient coastal community. The Department undertook emergency rulemaking to amend the Flood Hazard Areas Control Act (FHACA) rules (N.J.A.C. 7:13) to ensure that structures are constructed at appropriate elevations taking into account the best available flood elevation data (see 45 N.J.R. 360(a) and 1104(a)), and to amend the Coastal Permit Program rules and the Coastal Zone Management (CZM) rules to facilitate the expeditious rebuilding of residential and commercial developments; the reconstruction of existing marinas and construction of new marinas; the restoration of the shellfish aquaculture industry; the maintenance of engineered beaches and dunes; the establishment of living shorelines; and the removal of sand and other materials while encouraging the rehabilitation of dredged material disposal/placement areas (see 45 N.J.R. 1141(a) and 1696(a)). The Department is now proposing to consolidate the Coastal Permit Program Rules and the Coastal Zone Management rules into one chapter and to make other changes intended to further encourage appropriate redevelopment of more resilient coastal communities. The proposal reflects the Department’s knowledge and experience concerning coastal development issues accumulated over decades as well as specific lessons learned from the impact of and rebuilding from Superstorm Sandy and other weather events.

Public hearings concerning this proposal will be held as follows:

Wednesday, June 25, 2014, at 5:30 P.M. Long Branch Council Chambers, 2nd floor 344 Broadway Long Branch, New Jersey

Thursday, June 26, 2014, at 1:00 P.M. NJ Department of Environmental Protection Public Hearing Room 401 East State Street, 1st floor Trenton, New Jersey

Wednesday, July 9, 2014, at 11:00 A.M. Jacques Cousteau National Estuarine Research Reserve Jacques Cousteau Coastal Education Center 130 Great Bay Blvd Tuckerton, New Jersey

A 60-day public comment period will run through August 1, 2014.You may submit comments by August 1, 2014, electronically at http://www.nj.gov/dep/rules/comments.


Posted: 9/22/14: Repost of the Proposed amendments to application fees

Below is a copy of the notice posted earlier this month on the following rules notices page at: http://www.nj.gov/dep/rules/notices/20140902a.html

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT
DIVISION OF LAND USE MANAGEMENT

Notice of Rule Proposal

Coastal Permit Program Rules, N.J.A.C. 7:7
Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A
Flood Hazard Area Control Act Rules, N.J.A.C. 7:13
Proposed amendments to application fees

PUBLIC NOTICE

Take notice that the NJ Department of Environmental Protection is proposing amend, repeal, and adopt new rules concerning fees for applications for permits and determinations or approvals in the Coastal Permit Program Rules at N.J.A.C. 7:7, the Freshwater Wetlands Protection Act Rules  at N.J.A.C. 7:7A, and the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13.  A statement of the substance of the proposal follows: The proposed amendments and new rules establish a simplified, cohesive fee structure across the three chapters of rules, and incorporate a process to adjust fees in the future for each of the three permitting programs based on their respective projected annual budgets and projected fee revenues. The fee adjustment for each program would be accomplished through publication in the New Jersey Register of a public notice of a fee report and administrative changes to the fee amounts.  The proposed amendments and new rules also make uniform the fees for certain permits and determinations that are common to all three programs, which will enhance the Department’s ability to implement electronic permitting in the future. The proposed amendments modify the fee amounts and will result in an increase in the fees overall, although the revenue from the fees as proposed to be adjusted will still fall short of the amount necessary to fully cover the costs to review and process applications.

The proposal is scheduled to be published in the New Jersey Register dated September 2, 2014.  A copy of the proposal is available at http://www.nj.gov/dep/rules/proposals/20140902a.pdf and in official repository libraries.  In addition, LexisNexis provides free on-line public access to the New Jersey Administrative Code and the New Jersey Register at http://www.lexisnexis.com/njoal.

A public hearing concerning the proposal is scheduled as follows

Wednesday, October 1, 2014 at 1:30 P.M.
NJ Department of Environment Protection
Public Hearing Room
401 East State Street
Trenton, NJ 08060

Written comments may be submitted electronically by November 1, 2014 at http://www.nj.gov/dep/rules/comments; or in hard copy to:

Gary J. Brower, Esq.
ATTN: DEP Docket No. 06-14-08
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625-0402

Posted 3/4/14: In Lieu Fee (ILF) Program draft document available for public comment

In Lieu Fee (ILF) Program draft document available for public comment

The Department is seeking comments on a draft document that will establish an In Lieu Fee (ILF) Program for New Jersey.  The ILF document will set forth the guidelines and responsibilities for the establishment, use, operation, protection, monitoring and maintenance of the ILF Program to assure the work associated with the ILF Program produces the necessary compensatory mitigation credits to compensate for wetland impacts.  Comments will be accepted on this DRAFT document until April 11, 2014.  All comments should be submitted in writing to Jill Aspinwall at jill.aspinwall@dep.state.nj.us.

In-Lieu Fee program draft document

Posted 1/9/14: Future Freshwater Wetlands Mitigation Council Meetings

Future Mitigation Council Meetings:

The following meeting dates have been tentatively scheduled for The Freshwater Wetlands Mitigation Council for the year 2014:

March 4th, April 1st, June 3rd, August 5th, October 7th and December 2nd December 8th

Meetings begin at 9:30 a.m. 
Location: 501 E. State Street, 2nd Floor Hudson Conference Room.

Attendees should call or e-mail in advance their intent to attend to:
Karin Bauer: Karin.Bauer@dep.state@dep.state.nj.us Phone(609)633-7902, or;
Jill Aspinwall: jill.aspinwall@dep.state.nj.us Phone (609)984-9736

In order to be placed on the Council’s agenda, all supporting materials for consideration by the Council must be submitted to the Mitigation Council staff at least 60 days in advance of the applicant’s targeted meeting date. Application materials should be submitted to:

Staff to Mitigation Council c/o
NJDEP Division of Policy Implementation
P.O. Box 420
Mail Code: 401-07D
Trenton, New Jersey  08625-0420

Posted 11/1/13: Highlands Applicability Determinations are now issued by the Division of Land Use Regulation.

Those proposing a project in the Highlands Preservation Area may first apply to the Division of Land Use Regulation for a Highlands Applicability Determination (HAD)  and Water Quality Management Plan (WQMP) Consistency Determination .  This determination lets an applicant know whether a proposed activity is a major Highlands development, consistent with the applicable area wide Water Quality Management Plan (WQMP) or exempt from the Highlands Act. 

  • A project that is considered a major Highlands development is regulated by the Highlands Act and rules and will require a Highlands Preservation Area Approval (HPAA) from the Division.
  • A project that is inconsistent with the applicable WQMP may be denied a permit from the Department. 
  • A project that is not considered a major Highlands development may qualify for an exemption set forth by the Act. 

There are a total of 17 exemptions.  The HAD will let an applicant know whether any of those exemptions apply to them.  However, if an applicant is certain that their project is regulated under the Highlands rules and is willing to stipulate that they are regulated, they may apply directly to the Division of Land Use Regulation for a HPAA without first making an application for a HAD and WQMP Consistency Determination.

If the project is determined to be exempt from the Highland Rules, the project still may be subject to other rules and regulations including the Freshwater Wetlands Protection Act Rules and the Flood Hazard Area Control Act Rules. 

For more information, please Contact the Division or visit the DEP Highlands website.

 

To see the archive of older postings, please check the News & Notices Archive.

 

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