Governor Chris Christie • Lt.Governor Kim Guadagno

NJ Home | Services A to Z | Departments/Agencies | FAQs  

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

DEP Home | About DEP | Index by Topic | Programs/Units | DEP Online



Division Information
HomeNews & NoticesForms & ChecklistsMaps & GuidanceLaws & RulesContact Land UseSubscribe to E-Newsletter

PermittingCommon Project TypesFreshwater WetlandsStreams & Rivers (FHA)Coastal AreasTidelandsHighlandsMitigationPermit Extension ActElectronic (E) ServicesApplication Status

Related InformationFederal AgenciesPrograms/Commissions

NEWS, NOTICES AND ANNOUNCEMENTS

Please click a title to open, click again to close.

Special: Waiver Rule
Up to date information on the waiver rule can be found on the Waiver Rule Webpage.
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 3/17/14: Freshwater Wetlands Mitigation Council will meet on April 1st, 2014

The Freshwater Wetlands Mitigation Council will meet on April, 1st, 2014 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

For more information, please check the meeting agenda.

 

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

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 1/9/14: Correction: Freshwater Wetlands Mitigation Council will meet on March 4th, 2014, not February 4th, 2014

The Freshwater Wetlands Mitigation Council will meet on March 4th, 2014 at 9:30 a.m. and not February 4, 2014 as previously posted.

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;
Susan Lockwood:  Susan.Lockwood@dep.state.nj.us  Phone(609)984-0580

Meeting Agenda

12/2/13 Freshwater Wetlands Mitigation Council will meet on December 3rd, 2013

The Freshwater Wetlands Mitigation Council will meet on December 3rd, 2013 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;
Susan Lockwood:  Susan.Lockwood@dep.state.nj.us  Phone(609)984-0580

Meeting Agenda

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.

 

Posted 9/25/13: Passaic River de-snagging and shoal dredging grants.

On August 7, 2013, Governor Christie signed into law P.L. 2013, c.100, which allocates $3,000,000 to provide grants to eligible local governments for de-snagging and shoal dredging in the Passaic River Basin.  Click here to view the DEP announcement for accepting applications. For permitting information for these types of activities, please click here.

Posted 9/16/13: Freshwater Wetlands Mitigation Council Meeting October 1st, 2013

The Freshwater Wetlands Mitigation Council will meet on October 1st, 2013 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;
Susan Lockwood:  Susan.Lockwood@dep.state.nj.us  Phone(609)984-0580

Meeting Agenda

June 20, 2013 Adoption of Rules to Expedite Recovery and Rebuilding Projects for Sandy Affected New Jerseyans

Please see the official press release for more information.

5/31/13 On-Line Tidelands License Renewal Service available June 1st, 2013

The Tidelands License Renewal Service allows people with a Tidelands Licenses that has expired or that is expiring in the next 6 months to submit an on-line renewal application.  Licenses holders with licenses for Residential structures in water, Bulkhead Extensions or Fill, Commercial/Industrial structures in water, Bridges, Boat/Yacht Clubs and Marinas may utilize this service.  In many cases, users will receive an automatic renewal approval within minutes of submission.  For applications that do not qualify for automatic renewal, submitted materials will be reviewed by Tidelands staff who will notify the applicant if any additional information is required.  This service aims to improve customer’s convenience by reducing the amount effort required to submit a renewal application and reducing the amount of time it requires to receive a response upon submission of a renewal application.       

Users may access the e-licensing system at http://njdeponline.com/. Follow the registration process and create an account. When configuring your service selections, select Renew Tidelands License under Division of Land Regulation.  If you have any questions, you may call the Tidelands help line at (609) 777-0454. 

5/31/13 Freshwater Wetlands Mitigation Council will meet on July 24, 2013

The Freshwater Wetlands Mitigation Council will meet on Wednesday, July 24, 2013 at 9:30 a.m.

Location: 501 E. State Street, 2nd Floor Hudson Conference Room.

For more information, please check the meeting agenda.

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;

Susan Lockwood: Susan.Lockwood@dep.state.nj.us
Phone(609)984-0580

 

5/13/13 Commissioner extends deadline for public entities to submit project inventories for approval under AO #2012-13

On May 3, 2013, DEP Commissioner Bob Martin signed Administrative Order (AO) #2013-06 which extends the deadline for public entities to submit project inventories for approval under AO #2012-13.

AO #2012-13 was signed by the Commissioner on November 3, 2012 in recognition that there was significant damage to certain public infrastructure from Superstorm Sandy and there was an economic burden on public agencies to submit permit applications to the DEP for repair or replacement of the damaged structures.  Public entities continue to identify and perform repairs to public infrastructure.  Therefore the deadline to submit comprehensive inventories of projects for approval under AO #2012-13 has been extended to October 29, 2013.  Entities that have already submitted their inventories will receive a decision from the Department on projects on the inventory.  However, they may submit a supplemental inventory with additional projects in advance of the October 29, 2013 deadline.

Please refer to the previously released information below on the specifics of AO #2012-13:

The AO exempts State, County and Municipal agencies from DEP’s formal permit procedures for a specific category of emergency activities relative to public infrastructure. This AO applies only to damage resulting from Superstorm Sandy.

The Administrative Order provides for emergency activities that public agencies have completed or need to complete as outlined below:

  • In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroads, culverts, bridges, utility lines, outfall structures, stormwater management structures, bulkheads and other similar shore-line stabilization structures).
  • Repair of scoured areas directly adjacent to a bridge, culvert or public roadway. The scope of repair is limited to that area which has recently washed away.
  • Repair and reconstruction of a public roadway including the stabilization or re-construction of the road-bed and associated embankments.

The AO does not provide for emergency activities to be performed outside the footprint of the legally pre-existing structure. That is, “in-kind repair or replacement” does not include a re-designed bridge or culvert that is hydraulically different from the original structure. Furthermore, the AO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap or for stream cleaning projects. 

To qualify under the Administrative Order, State, County and Municipal agencies must submit a comprehensive inventory including locations and photographs of qualifying public infrastructure damaged by Hurricane Sandy by October 29, 2013. Provided the projects comply with the requirements of the AO, DEP will then provide written approval of the inventory. Within 60 days of completing all projects on its approved inventory, the State, County or Municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. The AO shall remain in effect until such time as the state of emergency declared by Executive Order 104 has concluded unless the AO is previously rescinded.  For more information on submission requirements or for a copy of the Administrative Order, please visit http://www.state.nj.us/dep/landuse/AO2012-13.html.

Important Dates

  • November 3, 2012: Administrative Order No. 2012-13 is issued
  • October 29, 2013: Deadline for State, County and Municipal agencies to submit comprehensive inventories
  • 60 Days after Completing All Projects on DEP-approved Inventories: Deadline for State, County and Municipal agencies to submit final certified inventories
4/16/13 Emergency Adoption of New Coastal Permit Program Rules, April 16, 2013

In view of the significant adverse social, economic and environmental impacts associated with Superstorm Sandy, and in support of the rebuilding and economic recovery of New Jersey’s coastal areas in an expeditious and resilient manner, the NJ Department of Environmental Protection has adopted on an emergency basis (effective April 16, 2013), amendments, repeals and new rules to the Coastal Permit Program rules, N.J.A.C. 7:7, and Coastal Zone Management rules, N.J.A.C. 7:7E.

These amendments, repeals, and new rules are intended to facilitate the expeditious rebuilding of more resilient coastal communities and coastal-related industries, and help facilitate the recovery of the coastal ecosystem. The amendments, repeals, and new rules fall into five broad categories:

  1. Facilitation of the expeditious rebuilding of residential and commercial developments;
  2. Facilitation of renovation or reconstruction of existing marinas and construction of new marinas;
  3. Restoration of New Jersey’s shellfish aquaculture industry;
  4. Maintenance of engineered beaches and dunes and establishment of living shorelines; and
  5. Facilitation of removal of sand and other materials, as well as the availability of dredged material disposal/placement areas.

The Department has proposed to make these amendments, repeals, and new rules a permanant part of the Coastal Permit Program rules, N.J.A.C. 7:7, and Coastal Zone Management rules, N.J.A.C. 7:7E.

The emergency adoption and concurrent proposal is scheduled to be published in the New Jersey Register dated May 6, 2013.  A copy of the emergency adoption and concurrent proposal is available at http://www.nj.gov/dep/rules/proposals/20130416a.pdf; official repository libraries; LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore.  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

The following document is referenced in the rule proposal and is being made available here: "Guidance for Appropriate Shoreline Protection and/or Storm Damage Reduction Measures for a Site

For more information on this Notice of Rule Proposal, including information on public notice and written comments, please see the original notice.

 

4/1/13: Freshwater Wetlands Mitigation Council will meet on May 29, 2013

The Freshwater Wetlands Mitigation Council will meet on May 29, 2013 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;
Susan Lockwood:  Susan.Lockwood@dep.state.nj.us  Phone(609)984-0580

Meeting Agenda

3/26/2013: Superstorm Sandy Administrative Order #2012-13 Deadline May 1, 2013

Please be advised that the deadline for public entities to submit project inventories for approval under Superstorm Sandy Administrative Order (AO) #2012-13 is May 1, 2013.  This is only specific to damages occurred in conjunction with Superstorm Sandy.  The Department must receive inventories by May 1st in order to consider waiving the permitting requirements for projects pursuant to the terms of the AO.  If a public entitey has applied for reimbursement from FEMA for work related to Superstorm Sandy, an approval from the Department is required to receive the funding.

Please refer to the previously issued guidance below for more information:

DEP Commissioner Bob Martin recognizes there was significant damage to certain public infrastructure from Hurricane Sandy and an economic burden on public agencies to submit permit applications to the DEP for repair or replacement of the damaged structures. Therefore, on November 3 the Commissioner issued Administrative Order (AO) #2012-13, exempting State, County and Municipal agencies from DEP’s formal permit procedures for a specific category of emergency activities relative to public infrastructure. This Administrative Order applies only to damage resulting from Hurricane Sandy.

The Administrative Order provides for emergency activities that public agencies have completed or need to complete as outlined below:

  • In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroads, culverts, bridges, utility lines, outfall structures, stormwater management structures, bulkheads and other similar shore-line stabilization structures).
  • Repair of scoured areas directly adjacent to a bridge, culvert or public roadway. The scope of repair is limited to that area which has recently washed away.
  • Repair and reconstruction of a public roadway including the stabilization or re-construction of the road-bed and associated embankments.

The AO does not provide for emergency activities to be performed outside the footprint of the legally pre-existing structure. That is, “in-kind repair or replacement” does not include a re-designed bridge or culvert that is hydraulically different from the original structure. Furthermore, the AO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap or for stream cleaning projects. 

To qualify under the Administrative Order, State, County and Municipal agencies must submit a comprehensive inventory including locations and photographs of qualifying public infrastructure damaged by Hurricane Sandy within 180 days of the effective date of this Administrative Order. That deadline is May 1, 2013. Provided the projects comply with the requirements of the AO, DEP will then provide written approval of the inventory. Within 60 days of completing all projects on its approved inventory, the State, County or Municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. The AO shall remain in effect until such time as the state of emergency declared by Executive Order 104 has concluded unless the AO is previously rescinded.  For more information on submission requirements or for a copy of the Administrative Order, please visit http://www.state.nj.us/dep/landuse/AO2012-13.html.

Important Dates

  • November 3, 2012: Administrative Order No. 2012-13 is issued
  • May 1, 2013: Deadline for State, County and Municipal agencies to submit comprehensive inventories
  • 60 Days after Completing All Projects on DEP-approved Inventories: Deadline for State, County and Municipal agencies to submit final certified inventories
3/5/13 Freshwater Wetlands Mitigation Council Meeting March 21, 2013 at 9:30 a.m.

The Freshwater Wetlands Mitigation Council will meet on March 21, 2013 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;
Susan Lockwood:  Susan.Lockwood@dep.state.nj.us  Phone(609)984-0580

For more information, please check the meeting agenda.

2/5/13: 2013 Protocols for the Establishment of Exceptional Resource Value Wetlands Based on Endangered or Threatened Species Documentation

The Division of Land Use Regulation would like to announce the release of an up-dated version of the Protocols for the Establishment of Exceptional Resource Value Wetlands based on endangered or threatened species information.  This document provides both species specific habitat and status information was well as guidelines on the factors the Division evaluates when making a wetland resource value determination involving endangered or threatened species habitat.  Principal changes include a discussion of the Department's Landscape Mapping Version 3.1 as the source for most species documentation and the addition of individual species protocols for newly listed Golden-winged Warblers, Cattle Egrets and several species of state listed dragon and damselflies.  The document has also been re-configured to make each species protocol an individual chapter to facilitate future up-dates.  The 2013 edition replaces the 2008 edition. 

You can find the new edition in the Freshwater Wetland tab of the Maps and Guidance Documents webpage on this website.

For additional questions or comments, please contact Larry Torok at 609-984-9488 or at larry.torok@dep.state.nj.us.

1/24/13 Emergency Flood Hazard Area Regulations Adopted to Guide Rebuilding from Sandy

Emergency Flood Hazard Area Regulations Adopted to
Guide Rebuilding from Sandy

Taking action to give New Jersey families, businesses and local governments the best available guidance to quickly and more durably rebuild from Sandy, Governor Chris Christie signed emergency regulations on January 24, 2013 to adopt the Federal Emergency Management Agency's (FEMA) updated Advisory Base Flood Elevation (ABFEs) maps as the rebuilding standard for the entire State. These regulations establish requirements and more efficient procedures for residents and businesses to construct, reconstruct, relocate and elevate buildings and other structures in flood hazard areas.


The DEP is adopting an emergency rule with common-sense provisions for rebuilding stronger structures, more quickly:

  1. Adopts the height and construction requirements in FEMA's Advisory Base Flood Elevation (ABFE) maps as a State standard for reconstruction. The ABFEs reflect the best available, most current scientific data about 100-year floods and should be used as the design flood elevation if more conservative than the existing FEMA map or State delineated maps.
  2. Allows property owners who rebuild finished floors to at least one foot above the design flood elevation (which has been required by the New Jersey Flood Hazard Area Control Act Rules since 2007) to do so via Permit By Rule (PBR) with a few other minor restrictions. Please see the rule text for details. This eliminates the need for thousands of property owners to apply for DEP's Flood Hazard Area permits, saving them at least $500 in permit fees plus the design and engineering costs associated with an application, and allowing them to begin reconstruction without waiting for department review as part of the rebuilding process.
  3. Allows "wet flood-proofing" for non-residential buildings. Wet flood-proofing means that a building may flood but will structurally withstand the water, and enables reconstruction in urban areas in a safe and less costly manner than requiring elevations or dry flood-proofing. This is a conditional allowance once the applicant demonstrates that it is not feasible to raise the lowest floor and proves that it is not feasible to use dry flood-proofing.
  4. Eliminates requirements that now allow certain building foundations to have large openings which could result in unsafe construction method.

Adoption of the emergency Flood Hazard Area Act rule using the ABFE's (where appropriate) as the base elevation standard will ensure that every development in every municipality will apply the appropriate elevation standards across the board.  The rule will become effective immediately upon filing with the Office of Administrative Law.

A copy of the emergency rule can be found at http://www.nj.gov/dep/docs/20130124flood-hazard-emergency-rule.pdf and the DEP statement of imminent peril can be found at http://www.nj.gov/dep/docs/20130124statement-of-imminent-peril-mandating-flood-hazard-amendments.pdf.

The Division is currently in the process of revising the guidance and frequently asked questions located on the Land Use Sandy website to reflect the newly adopted regulations.

To view the Commissioner's full press release, please visit http://www.state.nj.us/dep/newsrel/2013/13_0006.htm

 

1/16/13 Mitigation Council Meeting January 29, 2013 at 9:30 a.m

The Freshwater Wetlands Mitigation Council will meet on January 29, 2013 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;
Susan Lockwood:  Susan.Lockwood@dep.state.nj.us  Phone(609)984-0580

For more information, please check the meeting agenda.

12/21/12 Advisory Base Flood Elevations posted by Federal Emergency Management Agency

The Federal Emergency Management Agency (FEMA) has released new Advisory Base Flood Elevations (ABFEs) for New Jersey.  The ABFEs include advisory Coastal Flood Hazard Elevation Information for parts of the following New Jersey counties:

  • Atlantic
  • Bergen
  • Burlington
  • Cape May
  • Essex
  • Hudson
  • Middlesex
  • Monmouth
  • Ocean
  • Union 

For more information, please visit the following FEMA web site: http://www.region2coastal.com/sandy/abfe

.

11/28/12: Hurricane Irene Administrative Order Deadline 12/17/12

Please be advised that the deadline for public entities to submit project inventories for approval under Hurricane IRENE Administrative Order (AO) #2012-09 is December 17, 2012.  This is only specific to damages occurred in conjunction with Hurricane Irene and the immediate subsequent flooding NOT Sandy which is subject to subsequent Administrative Order #2012-13.  The Department must receive your inventories relative to Hurricane Irene by December 17th in order to consider waiving the permitting requirements for projects pursuant to the terms of the AO.  If you have applied for reimbursement from FEMA for work related to Hurricane Irene, an approval from the Department is required to receive the funding.

Please refer to the previously issued guidance below for more information:

On September 18, 2012 DEP Commissioner Bob Martin issued AO #2012-09.  The AO exempts State, County and Municipal agencies from DEP's formal permit procedures for a specific category of emergency activities relative to public infrastructure. 

Following our September 25, 2012 email announcing the AO, we have received questions regarding the procedure and content of the comprehensive inventory of projects that must be submitted to DEP to receive approval under the AO.  In response, DEP has developed a template Excel spreadsheet that should be used when completing your comprehensive inventories.  The spreadsheet contains specific information that will assist DEP in our review of the inventories.  The template can be downloaded here in Excel 2010, or Excel 97' - 03'. You can access these same forms by going to the Forms, Checklists and Other Documents webpage under the "General Forms" tab.

DEP has also updated the Frequently Asked Questions (FAQs) to provide further guidance about the template and submission process.

Please review the updated information and contact DEP if you have specific questions regarding emergency activities in your jurisdiction.  Please contact: Richard Langbein (for Mercer County and north) at richard.langbein@dep.state.nj.us or Keith Stampfel (for Monmouth County and south) at keith.stampfel@dep.state.nj.us.  If you have general questions regarding the Administrative Order or the submittal process, please contact Ryan Anderson at ryan.anderson@dep.state.nj.us.

Special Note:  The Commissioner issued a similar AO (#2012-13) on November 3, 2012 for damage sustained by Sandy.   If you are planning on seeking FEMA reimbursement for reconstruction of public infrastructure, you will need to submit an inventory of projects to the Department for review and approval by May 2, 2013.  For more information on the AO related to Sandy, please visit http://www.state.nj.us/dep/landuse/AO2012-13.html

11/5/2012: Public Access Amendments to Coastal Rules

The Coastal Permit Program Rules, N.J.A.C. 7:7-1.1 et. Seq. and the Coastal Zone Management Rules, N.J.A.C. 7:7E-1.1 et. Seq. have been amended through November 5, 2012 to include changes to the Rule regarding Public Access.

Commissioner Martin has signed the Public Access Rule, a Christie Administration initiative that provides the state with common sense mechanisms for working cooperatively with local governments to enhance public access to New Jersey's beaches, bays and tidal waterways.

"New Jersey already has great access to its beaches and tidal waterways,” Commissioner Martin said. “This rule, developed with extensive input from the public and stakeholders, will make public access even better by setting up a framework that enables the DEP to work one-on-one with municipalities to craft Municipal Public Access Plans that make sense locally, instead of imposing one-size-fits-all mandates.”

You can find the amended rules at DEP Rules Page.

 

10/23/12: Update to 9/25/2012 Administrative Order

On September 18, 2012 DEP Commissioner Bob Martin issued Administrative Order (AO) #2012-09.  The AO exempts State, County and Municipal agencies from DEP's formal permit procedures for a specific category of emergency activities relative to public infrastructure. 

Following our September 25, 2012 email announcing the AO, we have received questions regarding the procedure and content of the comprehensive inventory of projects that must be submitted to DEP to receive approval under the AO.  In response, DEP has developed a template Excel spreadsheet that should be used when completing your comprehensive inventories.  The spreadsheet contains specific information that will assist DEP in our review of the inventories.  The template can be downloaded here in Excel 2010, or Excel 97' - 03'. You can access these same forms by going to the Forms, Checklists and Other Documents webpage under the "General Forms" tab.

DEP has also updated the Frequently Asked Questions (FAQs) to provide further guidance about the template and submission process.

Please review the updated information and contact DEP if you have specific questions regarding emergency activities in your jurisdiction.  Please contact: Richard Langbein (for Mercer County and north) at richard.langbein@dep.state.nj.us or Keith Stampfel (for Monmouth County and south) at keith.stampfel@dep.state.nj.us.  If you have general questions regarding the Administrative Order or the submittal process, please contact Ryan Anderson at ryan.anderson@dep.state.nj.us.

9/25/2012: DEP Commissioner Issues Administrative Order to Address Public Infrastructure Damage from Hurricane Irene

DEP Commissioner Bob Martin recognizes there was significant damage to certain public infrastructure from Hurricane Irene and an economic burden on public agencies to submit permit applications to the DEP for repair or replacement of the damaged structures. Therefore, on September 18 the Commissioner issued Administrative Order (AO) #2012-09, exempting State, County and Municipal agencies from DEP's formal permit procedures for a specific category of emergency activities relative to public infrastructure. This Administrative Order applies only to damage resulting from Hurricane Irene and immediate subsequent flooding events.

The Administrative Order provides for emergency activities that public agencies have completed or need to complete as outlined below:

  • In-kind repair or in-kind replacement of certain public infrastructure (public roadways, railroads, culverts, bridges, utility lines, outfall structures, stormwater management structures, bulkheads and other similar shore-line stabilization structures).
  • Repair of scoured areas directly adjacent to a bridge, culvert or public roadway. The scope of repair is limited to that area which has recently washed away.
  • Repair and reconstruction of a public roadway including the stabilization or re-construction of the road-bed and associated embankments.

The AO does not provide for emergency activities to be performed outside the footprint of the legally pre-existing structure. That is, “in-kind repair or replacement” does not include a re-designed bridge or culvert that is hydraulically different from the original structure.  Furthermore, the AO does not provide for new stream bank stabilization projects such as hard armoring or rip-rap or for stream cleaning projects. 

To qualify under the Administrative Order, State, County and Municipal agencies must submit a comprehensive inventory including locations and photographs of qualifying public infrastructure damaged by Hurricane Irene and/or subsequent flooding within 90 days of the effective date of this Administrative Order. That deadline is December 16, 2012. Provided the projects comply with the requirements of the AO, DEP will then provide written approval of the inventory. Within 60 days of completing all projects on its approved inventory, the State, County or Municipal agency is responsible for submitting a final certified inventory, with before and after photographs and a description of the repair or replacement activity. For more information on submission requirements, please review the Division's Frequently Asked Questions [pdf]. For a copy of the Administrative Order, please visit www.nj.gov/dep/docs/ao2012-09.pdf. 

Important Dates

  • September 18, 2012:  Administrative Order No. 2012-09 is issued
  • December 16, 2012:  Deadline for State, County and Municipal agencies to submit comprehensive inventories
  • March 16, 2013:  Deadline for DEP to issue decisions on received inventories
  • 60 Days after Completing All Projects on DEP-approved Inventories:  Deadline for State, County and Municipal agencies to submit final certified inventories
3/2/2012: Stream Cleaning Guidelines in the Passaic River Basin

3/2/2012: Streamlined Process for Desnagging and Cleaning of Streams in the Passaic River Basin

Consistent with the recommendations of the Passaic River Basin Flood Advisory Commission, the Department has established a new process to provide streamlined processing of Flood Hazard and Freshwater Wetlands applications that involve desnagging and stream cleaning of waterways in the Passaic River Basin. This process will enhance transparency and improve customer service by providing a direct line of communication and timelier permit decisions.

More Information

11/10/2011: Stream Cleaning Guidelines

11/10/2011: Stream Cleaning Guidelines

Major stream cleaning activities in New Jersey's streams and rivers require permits pursuant to the Freshwater Wetland Protection Act Rules (N.JA.C. 7:7A) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13). However in some instances, stream cleaning activities can be conducted without the need to obtain either permit. Updated guidance that reflects the most recently adopted DEP rules is now available.

2/1/2011: NJDEP Freshwater Wetlands Maps (1986) No Longer for Sale

Effective February 2, 2011, the Department will no longer sell copies of the NJDEP Freshwater Wetlands Maps (1986). While the 1986 mapping is no longer available from the Department, you can access an updated version of the 1986 mapping online through the Department's geographic information system (GIS) NJ-GeoWeb choosing interactive mapping on the sidebar. The layer "Wetlands (2007)" is located under the land section of the layer manager. Be advised that the wetlands mapping is based on aerial photography and has not been ground verified through the Freshwater Wetlands "Letter of Interpretation" process. As such, they cannot be utilized for regulatory purposes.

Full size paper copies of the NJDEP Freshwater Wetlands Maps (1986) were distributed to all municipal clerk and county clerk's offices for public use. If you have a need for this earlier mapping, please contact your municipality or county for availability and location. If you have general questions regarding freshwater wetlands regulations, please visit the NJDEP, Division of Land Use Regulation's website at www.nj.gov/dep/landuse or call (609) 777- 0454 and choose the number one (1) for freshwater wetlands.

4/19/2010: Notice of Opportunity to Attend a Public Meeting and for Additional Public Input on the Coastal Zone Management rules, N.J.A.C. 7:7E, and Coastal Permit Program rules, N.J.A.C. 7:7

Take notice that the New Jersey Department of Environmental Protection (Department) is seeking suggestions for possible changes to the Coastal Zone Management rules, N.J.A.C. 7:7E and the Coastal Permit Program rules, N.J.A.C. 7:7.  These chapters present the substantive rules of the Department regarding the use and development of coastal resources, to be used primarily by the Department’s Land Use Regulation Division in reviewing permit applications under the Coastal Area Facility Review Act (CAFRA), Wetlands Act of 1970,  Waterfront Development Law, Water Quality Certification (401 of the Federal Clean Water Act), and Federal Consistency Determinations (307 of the Federal Coastal Zone Management Act).  The coastal rules are due to expire on March 21, 2011. 

In addition, Governor Christie issued Executive Order Nos. 1 through 3, (2010), describing "Common Sense Principles" as they pertain to rulemaking. The Department will be seeking input on how the coastal rules fulfill the Orders.

An informal public meeting for the purpose of taking verbal comments will be held on May 11, 2010 at 9:30 A.M. at:

Monmouth University
Magill Commons, Rooms 107 -108
400 Cedar Avenue
West Long Branch, New Jersey 07764

On or about April 22, 2010, the Division of Land Use Regulation will post discussion topics and an agenda for the scheduled public meeting on it website at www.nj.gov/dep/landuse.  You are encouraged to review these topics prior to the meeting. However, the Department will accept suggestions on all portions of the rules.   

Interested persons may submit written suggestions until May 18, 2010 to:

Patricia A. Cluelow, Rule Manager
Department of Environmental Protection
Division of Land Use Regulation
501 East State Street
P.O. Box 439
Trenton, New Jersey 08625-0418

The Department requests that interested parties submit suggestions on disk or CD as well as on paper.  Submission of a disk or CD is not a requirement.  The Department prefers Microsoft Word 6.0 or above.  MacIntosh formats should not be used. Comments may also be submitted by electronic mail to:  patricia.cluelow@dep.state.nj.us. Please note that the Department does not intend to issue a written response to suggestions, as this is not a formal public hearing.

 

4/8/2010: Stream Cleaning Guidelines

Major stream cleaning activities in New Jersey’s streams and rivers require permits pursuant to the Freshwater Wetland Protection Act Rules (N.JA.C. 7:7A) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13). However in some instances, stream cleaning activities can be conducted without the need to obtain either permit. Updated guidance that reflects the most recently adopted DEP rules is now available.

3/2/2010: Shellfish Mitigation Funds Payment is Due within 90 Days of the Issuance of the Applicable Coastal Permit

When a coastal permit is issued in a Shellfish area the regulations at 7:7-3.2(d)3vi, require that monetary contribution shall be provided to the Department’s dedicated account for Shellfish Habitat Mitigation. Shellfish mitigation funds are due within 90 days of the issuance of the applicable coastal permit. Previously invoices were sent that gave the applicant 30 days from the date of the permit issuance.
This contribution is based upon the area of shellfish habitat condemned due to coverage by the structure and boat moorings, the documented shellfish density on the property, and the commercial value of the shellfish resource.  Mooring areas which are not defined by mooring piles depicting the limits of the mooring area will be assessed at a rate of $750.00 per mooring area in addition to the amount assessed by the coverage of the dock.  The formula for assessing the monetary contribution is as follows:

  (1 + i)n – 1
P = A  -------------
    i(1 + i)n
P = Present Value
A = Annual Payment 
(dock area (ft.2) x density x 0.25 per clam)
i = inflator (.03)
n = 50 years (constant)


Hard Clam Density =

High
Moderate 
.75
.35


Soft Clam Density =  .75

(all cases)

During the 5 year life of the permit, if the applicant is no longer interested in building the structure, they may request a refund of the Shellfish mitigation funds, provided a request to cancel the permit is submitted concurrently.

 

bottom bar

Division: home | news/notices | laws/rules | forms/checklists | maps/guidance | contact
Department: njdep home | about dep | index by topic | programs/units | dep online
Statewide: njhome | citizen | business | government | services A to Z | departments | search

Copyright © State of New Jersey, 1996-2014
P. O. Box 402
Trenton, NJ 08625-0402
Last Updated: March 17, 2014